NY State Assembly Bill 2023-A3321C

Current Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2024	enacting clause stricken
Jan 03, 2024	referred to labor
Jun 02, 2023	print number 3321c
Jun 02, 2023	amend and recommit to labor
May 10, 2023	print number 3321b
May 10, 2023	amend and recommit to labor
Feb 09, 2023	print number 3321a
Feb 09, 2023	amend and recommit to labor
Feb 02, 2023	referred to labor

Bill Amendments

Original

C (Active)

2023-A3321 - Details

See Senate Version of this Bill:: S1604
Law Section:: Labor Law
Laws Affected:: Add Art 20-D §§742 - 746, Lab L

2023-A3321 - Summary

Provides for the regulation of all indoor and outdoor worksites with temperature protection standards and education, training and reporting requirements to ensure that employers provide safe conditions for their employees.

2023-A3321 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3321
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to regulating the temperature
   of all indoor and outdoor worksites
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as  the  "Worksite
 Temperature Regulation Act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that New Yorkers, working both in outdoor and indoor sites, are
 exposed  to  extreme  temperatures  due to climate change. This involves
 both skyrocketing heat in the summer and freezing cold  in  the  winter.
 Every  year,  New  York  city has high numbers of heat-related emergency
 department visits, hospital admissions, and deaths. According to the New
 York City Office of the Mayor, each year  there  are  an  estimated  450
 heat-related  ED  visits, 150 heat-related hospital admissions, 10 heat-
 stroke deaths, and 350 heat-exacerbated deaths, caused by heat worsening
 existing chronic conditions.
   Further, cold stress injuries have proven to  be  a  concern  for  New
 York's  workers. In 2018 in the United States, there were 2,890 cases of
 ice, sleet, and snow injuries; 14% of those were in  the  state  of  New
 York (BLS). In 2018 in New York state, 50 injuries were related to expo-
 sure  to environmental cold. All 50 of those injuries were cases involv-
 ing 31 or more days of missed work (BLS).
   The legislature hereby finds and declares that the government is obli-
 gated to ensure that employers provide safe conditions for their employ-
 ees.
   § 3. The labor law is amended by adding a new article 20-D to read  as
 follows:
                               ARTICLE 20-D
                    TEMPERATURE REGULATION BY EMPLOYERS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04582-02-3

 A. 3321                             2
 
 SECTION 742. SCOPE.
         743. DEFINITIONS.
         744. TEMPERATURE PROTECTION STANDARDS.
         745. EDUCATION AND TRAINING.
         746. ENFORCEMENT.
   §  742.  SCOPE. THE FOLLOWING INDUSTRIES WILL BE HELD TO THE STANDARDS
 IN THIS ARTICLE:
   1. AGRICULTURE;
   2. CONSTRUCTION;
   3. LANDSCAPING;
   4. DELIVERY DRIVERS; AND
   5. FOOD SERVICES WORKERS.
   § 743. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EMPLOYEE" MEANS ANY PERSON PROVIDING LABOR OR SERVICES WITHIN THE
 SCOPE OF THIS ARTICLE FOR REMUNERATION FOR A PRIVATE ENTITY OR  BUSINESS
 WITHIN THE STATE,  WITHOUT REGARD TO AN INDIVIDUAL'S IMMIGRATION STATUS,
 AND  SHALL  INCLUDE, BUT NOT BE  LIMITED TO,  PART-TIME  WORKERS,  INDE-
 PENDENT CONTRACTORS, DAY LABORERS,   FARMWORKERS AND    OTHER  TEMPORARY
 AND  SEASONAL  WORKERS.  THE TERM SHALL ALSO INCLUDE INDIVIDUALS WORKING
 FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS ON  BEHALF  OF  THE
 EMPLOYER AT ANY INDIVIDUAL WORKSITE, AS  WELL  AS  ANY INDIVIDUAL DELIV-
 ERING    GOODS    OR  TRANSPORTING PEOPLE AT, TO OR FROM THE WORKSITE ON
 BEHALF OF THE EMPLOYER, REGARDLESS OF WHETHER   DELIVERY   OR  TRANSPORT
 IS  CONDUCTED  BY AN INDIVIDUAL OR ENTITY THAT WOULD OTHERWISE BE DEEMED
 AN EMPLOYER UNDER THIS ARTICLE. THE  TERM  SHALL  NOT  INCLUDE EMPLOYEES
 OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC  AUTHORI-
 TY, OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY.
   2.  "EMPLOYER"  MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPO-
 RATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, LEGAL REPRESENTATIVE,
 OR ANY ORGANIZED GROUP ACTING AS EMPLOYER WITHIN THE SCOPE OF THIS ARTI-
 CLE.
   3. "INDOOR WORKSITE" MEANS ANY ENCLOSED WORK VEHICLES  AND  ANY  SPACE
 BETWEEN  A  FLOOR  AND  A  CEILING  BOUND  ON ALL SIDES BY WALLS. A WALL
 INCLUDES ANY DOOR, WINDOW, RETRACTABLE DIVIDER, GARAGE  DOOR,  OR  OTHER
 PHYSICAL  BARRIERS  THAT  IS  TEMPORARY  OR  PERMANENT,  WHETHER OPEN OR
 CLOSED.
   4. "OUTDOOR WORKSITE" MEANS ALL EMPLOYERS  WITH  EMPLOYEES  PERFORMING
 WORK IN AN OUTDOOR ENVIRONMENT. THE TERM OUTDOOR WORKSITE DOES NOT APPLY
 TO  INCIDENTAL  EXPOSURE,  WHICH  EXISTS WHEN AN EMPLOYEE IS REQUIRED TO
 PERFORM A WORK ACTIVITY OUTDOORS FOR NOT LONGER THAN FIFTEEN MINUTES  IN
 ANY SIXTY-MINUTE PERIOD.
   5. "OUTDOOR TEMPERATURE STRESS THRESHOLD" MEAN A HEAT STRESS THRESHOLD
 OF  EIGHTY  OR  MORE DEGREES FAHRENHEIT AND A COLD THRESHOLD OF SIXTY OR
 BELOW DEGREES FAHRENHEIT.
   6. "INDOOR TEMPERATURE STRESS THRESHOLD" MEANS A HEAT STRESS THRESHOLD
 OF EIGHTY OR MORE DEGREES FAHRENHEIT AND A COLD THRESHOLD  OF  SIXTY  OR
 BELOW DEGREES FAHRENHEIT.  IN CASES OF OFFICES, SCHOOLS, OR OTHER INDOOR
 TEMPERATURE  REGULATED  ENVIRONMENTS,  THE INDOOR TEMPERATURE SHALL FALL
 BETWEEN SIXTY-EIGHT POINT FIVE AND SEVENTY-FIVE DEGREES WHEN THE OUTDOOR
 TEMPERATURE IS BELOW FIFTY-FIVE DEGREES, AND WHEN  THE  OUTDOOR  TEMPER-
 ATURE  IS  ABOVE  EIGHTY-FIVE DEGREES, THE INDOOR TEMPERATURE SHALL FALL
 BETWEEN SEVENTY-FIVE AND EIGHTY POINT FIVE DEGREES.
   7. "HEAT ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
 BODY'S INABILITY TO COPE WITH A PARTICULAR HEAT LOAD, AND INCLUDES,  BUT
 A. 3321                             3
 
 IS  NOT LIMITED TO, HEAT CRAMPS, HEAT EXHAUSTION, HEAT SYNCOPE, AND HEAT
 STROKE.
   8. "COLD ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
 BODY'S INABILITY TO COPE WITH COLD TEMPERATURES.
   9.  "PERSONAL  PROTECTIVE  EQUIPMENT"  OR  "PPE"  MEANS  THE NECESSARY
 PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND CLOTHING, TO WITHSTAND TEMPER-
 ATURES AT OR EXCEEDING THE STRESS THRESHOLDS.
   § 744. TEMPERATURE PROTECTION STANDARDS. 1.  HEAT-SPECIFIC  STANDARDS.
 THE EMPLOYER SHALL FULFILL THE FOLLOWING REQUIREMENTS WHEN EMPLOYEES ARE
 IN  AN  OUTDOOR  OR  INDOOR  WORKSITE  AND EXPERIENCING CONDITIONS AT OR
 EXCEEDING A HEAT STRESS THRESHOLD OF EIGHTY OR MORE DEGREES FAHRENHEIT:
   (A) ACCESS TO HYDRATION. THE EMPLOYER  SHALL  PROVIDE  ACCESS  TO  ONE
 QUART OF WATER PER HOUR PER EMPLOYEE AT NO COST TO THE EMPLOYEE AND SUCH
 ACCESS SHALL BE AS CLOSE TO THE WORKSITE AS POSSIBLE.
   (B) REST. THE EMPLOYER SHALL OFFER PREVENTATIVE BREAKS AT THE DURATION
 AND FREQUENCY OF TEN MINUTES IN THE SHADE FOR EVERY TWO HOURS OF OUTDOOR
 WORK  AND  TEN  MINUTES  IN  A COOLER BREAKROOM FOR INDOOR WORKERS.  THE
 BREAKROOM TEMPERATURE SHALL FALL BETWEEN SEVENTY-FIVE AND  EIGHTY  POINT
 FIVE  DEGREES WHEN THE OUTDOOR TEMPERATURE IS ABOVE EIGHTY-FIVE DEGREES.
 PREVENTATIVE BREAKS SHALL BE PAID.
   (C) MEDICAL MONITORING.  EMPLOYERS SHALL CLOSELY MONITOR  TEMPERATURES
 AND  IMPLEMENT THEIR WORKPLACE HEAT STRESS PLAN. IF AN EMPLOYEE EXHIBITS
 SIGNS OR REPORTS SYMPTOMS OF HEAT ILLNESS WHILE  TAKING  A  PREVENTATIVE
 COOL-DOWN  REST,  DURING A PREVENTATIVE COOL-DOWN REST PERIOD, OR AT ANY
 OTHER TIME, THE EMPLOYER SHALL PROVIDE APPROPRIATE FIRST AID OR EMERGEN-
 CY RESPONSE.
   (D) ACCESS TO SHADE. (I)  SHADE  SHALL  BE  MADE  AVAILABLE  WHEN  THE
 TEMPERATURE  EXCEEDS  EIGHTY DEGREES FAHRENHEIT AND SHALL BE AS CLOSE TO
 THE WORKSITE AS POSSIBLE. WHEN THE OUTDOOR TEMPERATURE IN THE WORK  AREA
 EXCEEDS  EIGHTY DEGREES FAHRENHEIT, THE EMPLOYER SHALL HAVE AND MAINTAIN
 ONE OR MORE AREAS WITH SHADE AT ALL TIMES WHILE  EMPLOYEES  ARE  PRESENT
 THAT ARE EITHER OPEN TO THE AIR OR PROVIDED WITH VENTILATION OR COOLING.
 THE  AMOUNT OF SHADE PRESENT SHALL BE AT LEAST ENOUGH TO ACCOMMODATE THE
 NUMBER OF EMPLOYEES ON RECOVERY OR REST PERIODS, SO THAT THEY CAN SIT IN
 A NORMAL POSTURE FULLY IN THE SHADE WITH AT LEAST FOUR SQUARE  FEET  PER
 RESTING EMPLOYEE.  THE SHADE SHALL BE LOCATED AS CLOSE AS PRACTICABLE TO
 THE  AREAS  WHERE  EMPLOYEES ARE WORKING. SUBJECT TO THE SAME SPECIFICA-
 TIONS, THE AMOUNT OF SHADE PRESENT DURING MEAL PERIODS SHALL BE AT LEAST
 ENOUGH TO ACCOMMODATE THE NUMBER OF EMPLOYEES ON  THE  MEAL  PERIOD  WHO
 REMAIN ONSITE.
   (II)  SHADE  SHALL  BE  AVAILABLE WHEN THE TEMPERATURE DOES NOT EXCEED
 EIGHTY DEGREES FAHRENHEIT. WHEN THE OUTDOOR TEMPERATURE IN THE WORK AREA
 DOES NOT EXCEED EIGHTY DEGREES FAHRENHEIT EMPLOYERS SHALL EITHER PROVIDE
 SHADE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH OR  PROVIDE  TIMELY
 ACCESS TO SHADE UPON AN EMPLOYEE'S REQUEST.
   (III) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED TO TAKE A PREVENTATIVE
 COOL-DOWN  REST IN THE SHADE WHEN THEY FEEL THE NEED TO DO SO TO PROTECT
 THEMSELVES FROM OVERHEATING. SUCH ACCESS TO SHADE SHALL BE PERMITTED  AT
 ALL  TIMES.  AN  INDIVIDUAL  EMPLOYEE WHO TAKES A PREVENTATIVE COOL-DOWN
 REST:
   (1) SHALL BE MONITORED AND ASKED IF HE OR SHE IS EXPERIENCING SYMPTOMS
 OF HEAT ILLNESS;
   (2) SHALL BE ENCOURAGED TO REMAIN IN THE SHADE; AND
   (3) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR  SYMPTOMS  OF
 HEAT  ILLNESS  HAVE  ABATED,  BUT IN NO EVENT, LESS THAN FIVE MINUTES IN
 ADDITION TO THE TIME NEEDED TO ACCESS THE SHADE.
 A. 3321                             4
 
   (E) PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE  NECES-
 SARY  PROTECTIVE  EQUIPMENT,  GEAR, UNIFORMS, AND CLOTHING, TO WITHSTAND
 TEMPERATURES AT OR  EXCEEDING  THE  HEAT  STRESS  THRESHOLDS.  THIS  MAY
 INCLUDE, BUT IS NOT LIMITED TO:
   (I) CLOTHING WITH COOLING AND/OR WICKING FEATURES;
   (II) ICE VESTS AND COOLING RAGS;
   (III) FANS;
   (IV) AIR-CONDITIONING;
   (V) SUNSCREEN;
   (VI) HATS; AND
   (VII)  ANYTHING  DEEMED  NECESSARY  BY  THE DEPARTMENT OR A REASONABLE
 REQUEST MADE BY EMPLOYEES TO WITHSTAND THE  HEAT  STRESS  THRESHOLD  AND
 ABOVE.
   (F)  VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES IN
 VEHICLES EACH DAY OR WHOSE WORKSITE IS CONSIDERED A VEHICLE  SHALL  HAVE
 ADEQUATE AIR-CONDITIONING AVAILABLE INSIDE SUCH VEHICLE.
   (G)  WORKER ACCLIMATIZATION. EMPLOYERS SHALL PROVIDE TIME FOR ACCLIMA-
 TIZATION OF NEW AND RETURNING EMPLOYEES. WHEN WORKSITE TEMPERATURES  ARE
 ABOVE  EIGHTY DEGREES, EMPLOYEES SHALL ONLY WORK TWENTY PERCENT OF THEIR
 NORMAL DURATION ON THEIR FIRST DAY AND GRADUALLY INCREASE WORK  DURATION
 OVER A TWO-WEEK PERIOD.
   2.  COLD-SPECIFIC  STANDARDS. THE EMPLOYER SHALL FULFILL THE FOLLOWING
 REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR  OR  INDOOR  WORKSITE  AND
 EXPERIENCING  CONDITIONS  AT OR EXCEEDING THE COLD THRESHOLD OF SIXTY OR
 BELOW DEGREES FAHRENHEIT:
   (A) ACCESS TO HYDRATION. THE EMPLOYER  SHALL  PROVIDE  ACCESS  TO  ONE
 QUART OF WATER PER HOUR PER EMPLOYEE AT NO COST TO THE EMPLOYEE.
   (B) REST. THE EMPLOYER SHALL OFFER PREVENTATIVE BREAKS AT THE DURATION
 AND  FREQUENCY  OF  TEN  MINUTES  IN  A WARM AREA FOR EVERY TWO HOURS OF
 OUTDOOR WORK AND TEN MINUTES IN A WARM  BREAKROOM  FOR  INDOOR  WORKERS.
 THE  BREAKROOM TEMPERATURE SHALL FALL BETWEEN SIXTY-EIGHT POINT FIVE AND
 SEVENTY-FIVE  DEGREES  WHEN  THE  OUTDOOR  TEMPERATURE  IS  BELOW  SIXTY
 DEGREES.  PREVENTATIVE BREAKS SHALL BE PAID.
   (C)  MEDICAL MONITORING.  EMPLOYERS SHALL CLOSELY MONITOR TEMPERATURES
 AND IMPLEMENT THEIR WORKPLACE COLD STRESS PLAN. IF AN EMPLOYEE  EXHIBITS
 SIGNS  OR  REPORTS  SYMPTOMS  OF COLD STRESS WHILE TAKING A PREVENTATIVE
 WARM-UP REST, DURING A PREVENTATIVE WARM-UP REST PERIOD, OR AT ANY OTHER
 TIME, THE EMPLOYER SHALL PROVIDE  APPROPRIATE  FIRST  AID  OR  EMERGENCY
 RESPONSE.
   (D)  ACCESS  TO  WARMTH.  (I) A WARM LOCATION FOR BREAKS SHALL BE MADE
 AVAILABLE WHEN THE TEMPERATURE IS BELOW SIXTY DEGREES  FAHRENHEIT.  WHEN
 THE  OUTDOOR TEMPERATURE IN THE WORK AREA IS BELOW SIXTY DEGREES FAHREN-
 HEIT, THE EMPLOYER SHALL HAVE  AND  MAINTAIN  ONE  OR  MORE  AREAS  WITH
 ADEQUATE  WARMTH  AT  ALL  TIMES  WHILE  EMPLOYEES  ARE PRESENT THAT ARE
 PROVIDED WITH VENTILATION AND HEATING. THE SIZE  OF  THE  WARM  LOCATION
 SHALL  BE  AT  LEAST  ENOUGH  TO  ACCOMMODATE THE NUMBER OF EMPLOYEES ON
 RECOVERY OR REST PERIODS, WITH AT LEAST FOUR SQUARE FEET  AVAILABLE  PER
 RESTING  EMPLOYEE.  THE REST LOCATION SHALL BE LOCATED AS CLOSE AS PRAC-
 TICABLE TO THE AREAS WHERE EMPLOYEES ARE WORKING. SUBJECT  TO  THE  SAME
 SPECIFICATIONS,  ACCESS  TO A WARM LOCATION SHALL BE PRESENT DURING MEAL
 PERIODS AND SHALL BE AT  LEAST  ENOUGH  TO  ACCOMMODATE  THE  NUMBER  OF
 EMPLOYEES ON THE MEAL PERIOD WHO REMAIN ONSITE.
   (II)  WARM  LOCATIONS  SHALL  BE AVAILABLE WHEN THE TEMPERATURE IS NOT
 BELOW SIXTY DEGREES FAHRENHEIT. WHEN THE OUTDOOR TEMPERATURE IN THE WORK
 AREA IS NOT  BELOW  SIXTY  DEGREES  FAHRENHEIT  EMPLOYERS  SHALL  EITHER
 A. 3321                             5
 
 PROVIDE WARMTH PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH OR PROVIDE
 TIMELY ACCESS UPON AN EMPLOYEE'S REQUEST.
   (III) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED TO TAKE A PREVENTATIVE
 WARM-UP  REST  IN  THE SHADE WHEN THEY FEEL THE NEED TO DO SO TO PROTECT
 THEMSELVES FROM COLD STRESS. SUCH  ACCESS  SHALL  BE  PERMITTED  AT  ALL
 TIMES. AN INDIVIDUAL EMPLOYEE WHO TAKES A PREVENTATIVE WARM-UP REST:
   (1) SHALL BE MONITORED AND ASKED IF HE OR SHE IS EXPERIENCING SYMPTOMS
 OF COLD STRESS;
   (2) SHALL BE ENCOURAGED TO REMAIN IN THE DESIGNATED WARM AREA; AND
   (3)  SHALL  NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
 COLD STRESS HAVE ABATED, BUT IN NO EVENT,  LESS  THAN  FIVE  MINUTES  IN
 ADDITION TO THE TIME NEEDED TO ACCESS WARMTH.
   (E)  PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
 SARY PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND  CLOTHING,  TO  WITHSTAND
 TEMPERATURES  AT  OR  EXCEEDING  THE  COLD  STRESS  THRESHOLDS. THIS MAY
 INCLUDE, BUT IS NOT LIMITED TO:
   (I) CLOTHING WITH HEATING FEATURES;
   (II) GLOVES, HATS, WINTER COATS;
   (III) HEATING; AND
   (IV) ANYTHING DEEMED NECESSARY BY THE DEPARTMENT OR REASONABLE REQUEST
 MADE BY EMPLOYEES TO WITHSTAND THE COLD STRESS THRESHOLD AND BELOW.
   (F) VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES  IN
 VEHICLES  EACH  DAY OR WHOSE WORKSITE IS CONSIDERED A VEHICLE SHALL HAVE
 ADEQUATE HEATING AVAILABLE INSIDE THE VEHICLE.
   (G) WORKER ACCLIMATIZATION. EMPLOYERS SHALL PROVIDE TIME FOR  ACCLIMA-
 TIZATION  OF NEW AND RETURNING EMPLOYEES. WHEN WORKSITE TEMPERATURES ARE
 BELOW SIXTY DEGREES, EMPLOYEES SHALL ONLY WORK TWENTY PERCENT  OF  THEIR
 NORMAL  DURATION  ON  THEIR FIRST DAY OF EMPLOYMENT IN WHICH THE TEMPER-
 ATURE IS BELOW SIXTY DEGREES AND GRADUALLY INCREASE WORK DURATION OVER A
 TWO-WEEK PERIOD.
   § 745. EDUCATION AND  TRAINING.  1.  TRAINING.  THE  DEPARTMENT  SHALL
 CREATE A TRAINING CURRICULUM OUTLINING THE SIGNS OF COLD STRESS AND HEAT
 ILLNESS  AND  THE  NECESSARY  MEDICAL  RESPONSES. SUCH TRAINING SHALL BE
 ADMINISTERED BY THE EMPLOYER AT TIME OF HIRING.
   2. MANDATED SIGNAGE AND MATERIALS.  THE  DEPARTMENT  SHALL  PROMULGATE
 SIGNAGE AND EDUCATIONAL MATERIALS THAT ARE REQUIRED TO BE MADE AVAILABLE
 TO  EMPLOYEES  BY THEIR EMPLOYER IN ALL LANGUAGES IN THE STATE REGARDING
 THE FOLLOWING:
   (A) SIGNS OF HEAT ILLNESS AND COLD STRESS;
   (B) INDOOR AND OUTDOOR TEMPERATURE STRESS THRESHOLDS;
   (C) EMPLOYER-MANDATED PROTECTIONS FROM TEMPERATURE STRESS THRESHOLDS;
   (D) EXAMPLES OF NECESSARY PPE;
   (E) WHERE EMPLOYEES CAN REPORT AN EMPLOYER'S  LACK  OF  ACCOMMODATION;
 AND
   (F) ANYTHING ELSE DEEMED NECESSARY BY THE DEPARTMENT.
   3. WHISTLEBLOWER PROTECTION. A EMPLOYER SHALL PROVIDE TO EVERY EMPLOY-
 EE  WRITTEN  MATERIALS DESCRIBING THE PROTECTION FROM RETALIATORY ACTION
 FOR REPORTING A VIOLATION OF THIS ARTICLE PROVIDED PURSUANT  TO  ARTICLE
 TWENTY-C  OF  THIS CHAPTER.  ANY EMPLOYEE WHO PARTICIPATES IN THE ACTIV-
 ITIES ESTABLISHED FOR WORKER PROTECTIONS AND SAFETY SHALL NOT BE SUBJECT
 TO RETALIATION FOR ANY ACTIONS TAKEN PURSUANT TO THEIR PARTICIPATION.
   4. THE DEPARTMENT SHALL ESTABLISH A  STATEWIDE  OUTREACH  CAMPAIGN  TO
 EDUCATE EMPLOYEES ON THE HEAT AND COLD ILLNESS STANDARDS ESTABLISHED AND
 ENSURE THAT EMPLOYERS ARE PROVIDING ACCESS TO PROPER SIGNAGE AND MATERI-
 ALS.
 A. 3321                             6
 
   §  746.  ENFORCEMENT.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGU-
 LATIONS TO REQUIRE THE FOLLOWING:
   1.  EVERY  EMPLOYER  SHALL  COLLECT  AND  MAINTAIN DATA AND RECORDS AS
 REQUIRED BY THE DEPARTMENT  ON  ALL  TEMPERATURE-RELATED  ILLNESSES  AND
 FATALITIES WHICH OCCUR AT AN OUTDOOR OR INDOOR WORKSITE.
   2.  EVERY EMPLOYER SHALL SUBMIT REPORTS OF THE DATA COLLECTED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION QUARTERLY TO THE DEPARTMENT AND  SUCH
 REPORTS  SHALL  BE PUBLISHED BY THE DEPARTMENT ON A SEARCHABLE DATABASE.
 EMPLOYERS SHALL ADDITIONALLY MAKE SUCH REPORTS AVAILABLE TO ANY EMPLOYEE
 OR APPLICABLE UNION UPON REQUEST WITHIN FIVE BUSINESS DAYS.  A  TEMPERA-
 TURE-RELATED  FATALITY ON A CONSTRUCTION SITE SHALL BE DEEMED A WORK-RE-
 LATED INJURY FOR THE PURPOSES OF REPORTING PURSUANT  TO  SECTION  FORTY-
 FOUR OF THIS CHAPTER.
   3.  EVERY  EMPLOYER  SHALL  SUBMIT  FOR APPROVAL A WRITTEN PLAN ON HOW
 TEMPERATURE-RELATED STRESS WILL BE  MITIGATED  TO  THE  DEPARTMENT  EACH
 QUARTER. ONCE APPROVED BY THE DEPARTMENT, AN EMPLOYER SHALL PROVIDE SUCH
 PLAN TO ALL EMPLOYEES AND APPLICABLE UNIONS.
   4.  EVERY  EMPLOYER  SHALL BE SUBJECT TO FINES FOR NOT ADHERING TO THE
 MANDATORY  REPORTING  AND  ENFORCEMENT  PROTOCOLS.  EMPLOYERS  SHALL  BE
 REQUIRED  TO  PAY  PENALTIES  OF  NO LESS THAN FIFTY DOLLARS PER DAY FOR
 FAILING TO CREATE A PLAN AND UP TO TEN THOUSAND DOLLARS FOR NOT  FOLLOW-
 ING AN ADOPTED PLAN.  THE DEPARTMENT SHALL ADMINISTER NOTICE AND COLLECT
 ALL  FINES.  ALL  FINES COLLECTED SHALL BE ALLOCATED TO THE DEPARTMENT'S
 TEMPERATURE STANDARDS BUREAU.
   5. THE DEPARTMENT SHALL ESTABLISH A WORKER HOTLINE AND AN ONLINE  FORM
 WHERE  EMPLOYEES  CAN  FILE  COMPLAINTS  WITH  THE  DEPARTMENT REGARDING
 TEMPERATURE STANDARDS.
   6. ANY OTHER REPORTING OR ENFORCEMENT PROTOCOLS  NECESSARY  TO  ENSURE
 THE PROTECTION OF WORKERS.
   7.  EVERY  EMPLOYER  SHALL  DISPLAY  A THERMOMETER FOR EMPLOYEE USE AT
 INDOOR AND OUTDOOR WORKPLACES TO MONITOR THE TEMPERATURE.
   § 4. This act shall take effect immediately.

co-Sponsors

2023-A3321A - Details

See Senate Version of this Bill:: S1604
Law Section:: Labor Law
Laws Affected:: Add Art 20-D §§742 - 746, Lab L

2023-A3321A - Summary

2023-A3321A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3321--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on  Labor  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to regulating the temperature
   of all indoor and outdoor worksites

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "temper-
 ature extreme mitigation program (TEMP) act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that New Yorkers, working both in outdoor and indoor sites, are
 exposed to extreme temperatures due to  climate  change.  This  involves
 both  skyrocketing  heat  in the summer and freezing cold in the winter.
 Every year, New York city has high  numbers  of  heat-related  emergency
 department visits, hospital admissions, and deaths. According to the New
 York  City  Office  of  the  Mayor, each year there are an estimated 450
 heat-related ED visits, 150 heat-related hospital admissions,  10  heat-
 stroke deaths, and 350 heat-exacerbated deaths, caused by heat worsening
 existing chronic conditions.
   Further,  cold  stress  injuries  have  proven to be a concern for New
 York's workers. In 2018 in the United States, there were 2,890 cases  of
 ice,  sleet,  and  snow  injuries; 14% of those were in the state of New
 York (BLS). In 2018 in New York state, 50 injuries were related to expo-
 sure to environmental cold. All 50 of those injuries were cases  involv-
 ing 31 or more days of missed work (BLS).
   The legislature hereby finds and declares that the government is obli-
 gated to ensure that employers provide safe conditions for their employ-
 ees.
   §  3. The labor law is amended by adding a new article 20-D to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04582-06-3
 A. 3321--A                          2

 
                               ARTICLE 20-D
                    TEMPERATURE REGULATION BY EMPLOYERS
 SECTION 742. SCOPE.
         743. DEFINITIONS.
         744. TEMPERATURE PROTECTION STANDARDS.
         745. EDUCATION AND TRAINING.
         746. ENFORCEMENT.
   §  742.  SCOPE. THE FOLLOWING INDUSTRIES WILL BE HELD TO THE STANDARDS
 IN THIS ARTICLE:
   1. AGRICULTURE;
   2. CONSTRUCTION;
   3. LANDSCAPING;
   4. COMMERCIAL SHIPPING;
   5. FOOD SERVICE; AND
   6. WAREHOUSING.
   § 743. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EMPLOYEE" MEANS ANY PERSON PROVIDING LABOR OR SERVICES WITHIN THE
 SCOPE OF THIS ARTICLE FOR REMUNERATION FOR A PRIVATE ENTITY OR  BUSINESS
 WITHIN THE STATE,  WITHOUT REGARD TO AN INDIVIDUAL'S IMMIGRATION STATUS,
 AND  SHALL  INCLUDE, BUT NOT BE  LIMITED TO,  PART-TIME  WORKERS,  INDE-
 PENDENT CONTRACTORS, DAY LABORERS,   FARMWORKERS AND    OTHER  TEMPORARY
 AND  SEASONAL  WORKERS.  THE TERM SHALL ALSO INCLUDE INDIVIDUALS WORKING
 FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS ON  BEHALF  OF  THE
 EMPLOYER AT ANY INDIVIDUAL WORKSITE, AS  WELL  AS  ANY INDIVIDUAL DELIV-
 ERING    GOODS    OR  TRANSPORTING PEOPLE AT, TO OR FROM THE WORKSITE ON
 BEHALF OF THE EMPLOYER, REGARDLESS OF WHETHER   DELIVERY   OR  TRANSPORT
 IS  CONDUCTED  BY AN INDIVIDUAL OR ENTITY THAT WOULD OTHERWISE BE DEEMED
 AN EMPLOYER UNDER THIS ARTICLE, OR ANY  PERSON  HOLDING  A  POSITION  BY
 APPOINTMENT OR EMPLOYMENT IN THE SERVICE OF A PUBLIC EMPLOYER WITHIN THE
 SCOPE OF THIS ARTICLE.
   2.  "EMPLOYER"  MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPO-
 RATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, LEGAL REPRESENTATIVE,
 PUBLIC ENTITY, OR ANY ORGANIZED GROUP  ACTING  AS  EMPLOYER  WITHIN  THE
 SCOPE OF THIS ARTICLE.
   3.  "INDOOR  WORKSITE"  MEANS ANY ENCLOSED WORK VEHICLES AND ANY SPACE
 BETWEEN A FLOOR AND A CEILING BOUND  ON  ALL  SIDES  BY  WALLS.  A  WALL
 INCLUDES  ANY  DOOR,  WINDOW, RETRACTABLE DIVIDER, GARAGE DOOR, OR OTHER
 PHYSICAL BARRIERS THAT  IS  TEMPORARY  OR  PERMANENT,  WHETHER  OPEN  OR
 CLOSED.
   4.  "OUTDOOR  WORKSITE"  MEANS ALL EMPLOYERS WITH EMPLOYEES PERFORMING
 WORK IN AN OUTDOOR ENVIRONMENT. THE TERM OUTDOOR WORKSITE DOES NOT APPLY
 TO INCIDENTAL EXPOSURE, WHICH EXISTS WHEN AN  EMPLOYEE  IS  REQUIRED  TO
 PERFORM  A WORK ACTIVITY OUTDOORS FOR NOT LONGER THAN FIFTEEN MINUTES IN
 ANY SIXTY-MINUTE PERIOD.
   5. "OUTDOOR TEMPERATURE STRESS THRESHOLD" MEANS A HEAT STRESS  THRESH-
 OLD  OF  EIGHTY OR MORE DEGREES FAHRENHEIT AND A COLD THRESHOLD OF SIXTY
 OR BELOW DEGREES FAHRENHEIT.
   6. "INDOOR TEMPERATURE STRESS THRESHOLD" MEANS A HEAT STRESS THRESHOLD
 OF EIGHTY OR MORE DEGREES FAHRENHEIT AND A COLD THRESHOLD  OF  SIXTY  OR
 BELOW DEGREES FAHRENHEIT.  IN CASES OF OFFICES, SCHOOLS, OR OTHER INDOOR
 TEMPERATURE  REGULATED  ENVIRONMENTS,  THE INDOOR TEMPERATURE SHALL FALL
 BETWEEN SIXTY-EIGHT POINT FIVE AND SEVENTY-FIVE DEGREES WHEN THE OUTDOOR
 TEMPERATURE IS BELOW FIFTY-FIVE DEGREES, AND WHEN  THE  OUTDOOR  TEMPER-
 ATURE  IS  ABOVE  EIGHTY-FIVE DEGREES, THE INDOOR TEMPERATURE SHALL FALL
 BETWEEN SEVENTY-FIVE AND EIGHTY POINT FIVE DEGREES.
 A. 3321--A                          3

   7. "HEAT ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
 BODY'S INABILITY TO COPE WITH A PARTICULAR HEAT LOAD, AND INCLUDES,  BUT
 IS  NOT LIMITED TO, HEAT CRAMPS, HEAT EXHAUSTION, HEAT SYNCOPE, AND HEAT
 STROKE.
   8. "COLD ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
 BODY'S INABILITY TO COPE WITH COLD TEMPERATURES.
   9.  "PERSONAL  PROTECTIVE  EQUIPMENT"  OR  "PPE"  MEANS  THE NECESSARY
 PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND CLOTHING, TO WITHSTAND TEMPER-
 ATURES AT OR EXCEEDING THE STRESS THRESHOLDS.
   § 744. TEMPERATURE PROTECTION STANDARDS. 1.  HEAT-SPECIFIC  STANDARDS.
 THE EMPLOYER SHALL FULFILL THE FOLLOWING REQUIREMENTS WHEN EMPLOYEES ARE
 IN  AN  OUTDOOR  OR  INDOOR  WORKSITE  AND EXPERIENCING CONDITIONS AT OR
 EXCEEDING A HEAT STRESS THRESHOLD OF EIGHTY OR MORE DEGREES FAHRENHEIT:
   (A) ACCESS TO HYDRATION. THE EMPLOYER  SHALL  PROVIDE  ACCESS  TO  ONE
 QUART OF WATER PER HOUR PER EMPLOYEE AT NO COST TO THE EMPLOYEE AND SUCH
 ACCESS SHALL BE AS CLOSE TO THE WORKSITE AS POSSIBLE.
   (B) REST. THE EMPLOYER SHALL OFFER PREVENTATIVE BREAKS AT THE DURATION
 AND FREQUENCY OF TEN MINUTES IN THE SHADE FOR EVERY TWO HOURS OF OUTDOOR
 WORK  AND  TEN  MINUTES  IN  A COOLER BREAKROOM FOR INDOOR WORKERS.  THE
 BREAKROOM TEMPERATURE SHALL FALL BETWEEN SEVENTY-FIVE AND  EIGHTY  POINT
 FIVE  DEGREES WHEN THE OUTDOOR TEMPERATURE IS ABOVE EIGHTY-FIVE DEGREES.
 PREVENTATIVE BREAKS SHALL BE PAID.
   (C) MEDICAL MONITORING.  EMPLOYERS SHALL CLOSELY MONITOR  TEMPERATURES
 AND  IMPLEMENT THEIR WORKPLACE HEAT STRESS PLAN. IF AN EMPLOYEE EXHIBITS
 SIGNS OR REPORTS SYMPTOMS OF HEAT ILLNESS WHILE  TAKING  A  PREVENTATIVE
 COOL-DOWN  REST,  DURING A PREVENTATIVE COOL-DOWN REST PERIOD, OR AT ANY
 OTHER TIME, THE EMPLOYER SHALL PROVIDE APPROPRIATE FIRST AID OR EMERGEN-
 CY RESPONSE.
   (D) ACCESS TO SHADE. (I)  SHADE  SHALL  BE  MADE  AVAILABLE  WHEN  THE
 TEMPERATURE  EXCEEDS  EIGHTY DEGREES FAHRENHEIT AND SHALL BE AS CLOSE TO
 THE WORKSITE AS POSSIBLE. WHEN THE OUTDOOR TEMPERATURE IN THE WORK  AREA
 EXCEEDS  EIGHTY DEGREES FAHRENHEIT, THE EMPLOYER SHALL HAVE AND MAINTAIN
 ONE OR MORE AREAS WITH SHADE AT ALL TIMES WHILE  EMPLOYEES  ARE  PRESENT
 THAT ARE EITHER OPEN TO THE AIR OR PROVIDED WITH VENTILATION OR COOLING.
 THE  AMOUNT OF SHADE PRESENT SHALL BE AT LEAST ENOUGH TO ACCOMMODATE THE
 NUMBER OF EMPLOYEES ON RECOVERY OR REST PERIODS, SO THAT THEY CAN SIT IN
 A NORMAL POSTURE FULLY IN THE SHADE WITH AT LEAST FOUR SQUARE  FEET  PER
 RESTING EMPLOYEE.  THE SHADE SHALL BE LOCATED AS CLOSE AS PRACTICABLE TO
 THE  AREAS  WHERE  EMPLOYEES ARE WORKING. SUBJECT TO THE SAME SPECIFICA-
 TIONS, THE AMOUNT OF SHADE PRESENT DURING MEAL PERIODS SHALL BE AT LEAST
 ENOUGH TO ACCOMMODATE THE NUMBER OF EMPLOYEES ON  THE  MEAL  PERIOD  WHO
 REMAIN ONSITE.
   (II)  SHADE  SHALL  BE  AVAILABLE WHEN THE TEMPERATURE DOES NOT EXCEED
 EIGHTY DEGREES FAHRENHEIT. WHEN THE OUTDOOR TEMPERATURE IN THE WORK AREA
 DOES NOT EXCEED EIGHTY DEGREES FAHRENHEIT EMPLOYERS SHALL EITHER PROVIDE
 SHADE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH OR  PROVIDE  TIMELY
 ACCESS TO SHADE UPON AN EMPLOYEE'S REQUEST.
   (III) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED TO TAKE A PREVENTATIVE
 COOL-DOWN  REST IN THE SHADE WHEN THEY FEEL THE NEED TO DO SO TO PROTECT
 THEMSELVES FROM OVERHEATING. SUCH ACCESS TO SHADE SHALL BE PERMITTED  AT
 ALL  TIMES.  AN  INDIVIDUAL  EMPLOYEE WHO TAKES A PREVENTATIVE COOL-DOWN
 REST:
   (1) SHALL BE MONITORED AND ASKED IF HE OR SHE IS EXPERIENCING SYMPTOMS
 OF HEAT ILLNESS;
   (2) SHALL BE ENCOURAGED TO REMAIN IN THE SHADE; AND
 A. 3321--A                          4

   (3) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR  SYMPTOMS  OF
 HEAT  ILLNESS  HAVE  ABATED,  BUT IN NO EVENT, LESS THAN FIVE MINUTES IN
 ADDITION TO THE TIME NEEDED TO ACCESS THE SHADE.
   (E)  PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
 SARY PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND  CLOTHING,  TO  WITHSTAND
 TEMPERATURES  AT  OR  EXCEEDING  THE  HEAT  STRESS  THRESHOLDS. THIS MAY
 INCLUDE, BUT IS NOT LIMITED TO:
   (I) CLOTHING WITH COOLING AND/OR WICKING FEATURES;
   (II) ICE VESTS AND COOLING RAGS;
   (III) FANS;
   (IV) AIR-CONDITIONING, WHICH SHALL BE MANDATED AT ALL INDOOR WORKPLAC-
 ES WITHIN THE SCOPE OF THIS LEGISLATION, INCLUDING BUT  NOT  LIMITED  TO
 DELIVERY VEHICLES AND WAREHOUSES;
   (V) SUNSCREEN;
   (VI) HATS; AND
   (VII)  ANYTHING  DEEMED  NECESSARY  BY  THE DEPARTMENT OR A REASONABLE
 REQUEST MADE BY EMPLOYEES TO WITHSTAND THE  HEAT  STRESS  THRESHOLD  AND
 ABOVE.
   (F)  VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES IN
 VEHICLES EACH DAY OR WHOSE WORKSITE IS CONSIDERED A VEHICLE  SHALL  HAVE
 ADEQUATE AIR-CONDITIONING AVAILABLE INSIDE SUCH VEHICLE.
   (G)  WORKER ACCLIMATIZATION. EMPLOYERS SHALL PROVIDE TIME FOR ACCLIMA-
 TIZATION OF NEW AND RETURNING EMPLOYEES. WHEN WORKSITE TEMPERATURES  ARE
 ABOVE  EIGHTY DEGREES, EMPLOYEES SHALL ONLY WORK TWENTY PERCENT OF THEIR
 NORMAL DURATION ON THEIR FIRST DAY AND GRADUALLY INCREASE WORK  DURATION
 OVER A TWO-WEEK PERIOD.
   2.  COLD-SPECIFIC  STANDARDS. THE EMPLOYER SHALL FULFILL THE FOLLOWING
 REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR  OR  INDOOR  WORKSITE  AND
 EXPERIENCING  CONDITIONS  AT OR EXCEEDING THE COLD THRESHOLD OF SIXTY OR
 BELOW DEGREES FAHRENHEIT:
   (A) ACCESS TO HYDRATION. THE EMPLOYER  SHALL  PROVIDE  ACCESS  TO  ONE
 QUART OF WATER PER HOUR PER EMPLOYEE AT NO COST TO THE EMPLOYEE.
   (B) REST. THE EMPLOYER SHALL OFFER PREVENTATIVE BREAKS AT THE DURATION
 AND  FREQUENCY  OF  TEN  MINUTES  IN  A WARM AREA FOR EVERY TWO HOURS OF
 OUTDOOR WORK AND TEN MINUTES IN A WARM  BREAKROOM  FOR  INDOOR  WORKERS.
 THE  BREAKROOM TEMPERATURE SHALL FALL BETWEEN SIXTY-EIGHT POINT FIVE AND
 SEVENTY-FIVE  DEGREES  WHEN  THE  OUTDOOR  TEMPERATURE  IS  BELOW  SIXTY
 DEGREES.  PREVENTATIVE BREAKS SHALL BE PAID.
   (C)  MEDICAL MONITORING.  EMPLOYERS SHALL CLOSELY MONITOR TEMPERATURES
 AND IMPLEMENT THEIR WORKPLACE COLD STRESS PLAN. IF AN EMPLOYEE  EXHIBITS
 SIGNS  OR  REPORTS  SYMPTOMS  OF COLD STRESS WHILE TAKING A PREVENTATIVE
 WARM-UP REST, DURING A PREVENTATIVE WARM-UP REST PERIOD, OR AT ANY OTHER
 TIME, THE EMPLOYER SHALL PROVIDE  APPROPRIATE  FIRST  AID  OR  EMERGENCY
 RESPONSE.
   (D)  ACCESS  TO  WARMTH.  (I) A WARM LOCATION FOR BREAKS SHALL BE MADE
 AVAILABLE WHEN THE TEMPERATURE IS BELOW SIXTY DEGREES  FAHRENHEIT.  WHEN
 THE  OUTDOOR TEMPERATURE IN THE WORK AREA IS BELOW SIXTY DEGREES FAHREN-
 HEIT, THE EMPLOYER SHALL HAVE  AND  MAINTAIN  ONE  OR  MORE  AREAS  WITH
 ADEQUATE  WARMTH  AT  ALL  TIMES  WHILE  EMPLOYEES  ARE PRESENT THAT ARE
 PROVIDED WITH VENTILATION AND HEATING. THE SIZE  OF  THE  WARM  LOCATION
 SHALL  BE  AT  LEAST  ENOUGH  TO  ACCOMMODATE THE NUMBER OF EMPLOYEES ON
 RECOVERY OR REST PERIODS, WITH AT LEAST FOUR SQUARE FEET  AVAILABLE  PER
 RESTING  EMPLOYEE.  THE REST LOCATION SHALL BE LOCATED AS CLOSE AS PRAC-
 TICABLE TO THE AREAS WHERE EMPLOYEES ARE WORKING. SUBJECT  TO  THE  SAME
 SPECIFICATIONS,  ACCESS  TO A WARM LOCATION SHALL BE PRESENT DURING MEAL
 A. 3321--A                          5

 PERIODS AND SHALL BE AT  LEAST  ENOUGH  TO  ACCOMMODATE  THE  NUMBER  OF
 EMPLOYEES ON THE MEAL PERIOD WHO REMAIN ONSITE.
   (II)  WARM  LOCATIONS  SHALL  BE AVAILABLE WHEN THE TEMPERATURE IS NOT
 BELOW SIXTY DEGREES FAHRENHEIT. WHEN THE OUTDOOR TEMPERATURE IN THE WORK
 AREA IS NOT  BELOW  SIXTY  DEGREES  FAHRENHEIT  EMPLOYERS  SHALL  EITHER
 PROVIDE WARMTH PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH OR PROVIDE
 TIMELY ACCESS UPON AN EMPLOYEE'S REQUEST.
   (III) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED TO TAKE A PREVENTATIVE
 WARM-UP  REST  IN  THE SHADE WHEN THEY FEEL THE NEED TO DO SO TO PROTECT
 THEMSELVES FROM COLD STRESS. SUCH  ACCESS  SHALL  BE  PERMITTED  AT  ALL
 TIMES. AN INDIVIDUAL EMPLOYEE WHO TAKES A PREVENTATIVE WARM-UP REST:
   (1) SHALL BE MONITORED AND ASKED IF HE OR SHE IS EXPERIENCING SYMPTOMS
 OF COLD STRESS;
   (2) SHALL BE ENCOURAGED TO REMAIN IN THE DESIGNATED WARM AREA; AND
   (3)  SHALL  NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
 COLD STRESS HAVE ABATED, BUT IN NO EVENT,  LESS  THAN  FIVE  MINUTES  IN
 ADDITION TO THE TIME NEEDED TO ACCESS WARMTH.
   (E)  PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
 SARY PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND  CLOTHING,  TO  WITHSTAND
 TEMPERATURES  AT  OR  EXCEEDING  THE  COLD  STRESS  THRESHOLDS. THIS MAY
 INCLUDE, BUT IS NOT LIMITED TO:
   (I) CLOTHING WITH HEATING FEATURES;
   (II) GLOVES, HATS, WINTER COATS;
   (III) HEATING; AND
   (IV) ANYTHING DEEMED NECESSARY BY THE DEPARTMENT OR REASONABLE REQUEST
 MADE BY EMPLOYEES TO WITHSTAND THE COLD STRESS THRESHOLD AND BELOW.
   (F) VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES  IN
 VEHICLES  EACH  DAY OR WHOSE WORKSITE IS CONSIDERED A VEHICLE SHALL HAVE
 ADEQUATE HEATING AVAILABLE INSIDE THE VEHICLE.
   (G) WORKER ACCLIMATIZATION. EMPLOYERS SHALL PROVIDE TIME FOR  ACCLIMA-
 TIZATION  OF NEW AND RETURNING EMPLOYEES. WHEN WORKSITE TEMPERATURES ARE
 BELOW SIXTY DEGREES, EMPLOYEES SHALL ONLY WORK TWENTY PERCENT  OF  THEIR
 NORMAL  DURATION  ON  THEIR FIRST DAY OF EMPLOYMENT IN WHICH THE TEMPER-
 ATURE IS BELOW SIXTY DEGREES AND GRADUALLY INCREASE WORK DURATION OVER A
 TWO-WEEK PERIOD.
   § 745. EDUCATION AND  TRAINING.  1.  TRAINING.  THE  DEPARTMENT  SHALL
 CREATE A TRAINING CURRICULUM OUTLINING THE SIGNS OF COLD STRESS AND HEAT
 ILLNESS  AND  THE  NECESSARY  MEDICAL  RESPONSES. SUCH TRAINING SHALL BE
 ADMINISTERED BY THE EMPLOYER AT TIME OF HIRING.
   2. MANDATED SIGNAGE AND MATERIALS.  THE  DEPARTMENT  SHALL  PROMULGATE
 SIGNAGE AND EDUCATIONAL MATERIALS THAT ARE REQUIRED TO BE MADE AVAILABLE
 TO  EMPLOYEES  BY THEIR EMPLOYER IN ALL LANGUAGES IN THE STATE REGARDING
 THE FOLLOWING:
   (A) SIGNS OF HEAT ILLNESS AND COLD STRESS;
   (B) INDOOR AND OUTDOOR TEMPERATURE STRESS THRESHOLDS;
   (C) EMPLOYER-MANDATED PROTECTIONS FROM TEMPERATURE STRESS THRESHOLDS;
   (D) EXAMPLES OF NECESSARY PPE;
   (E) WHERE EMPLOYEES CAN REPORT AN EMPLOYER'S  LACK  OF  ACCOMMODATION;
 AND
   (F) ANYTHING ELSE DEEMED NECESSARY BY THE DEPARTMENT.
   3.  WHISTLEBLOWER  PROTECTION.  AN  EMPLOYER  SHALL  PROVIDE  TO EVERY
 EMPLOYEE WRITTEN MATERIALS DESCRIBING THE  PROTECTION  FROM  RETALIATORY
 ACTION  FOR  REPORTING  A VIOLATION OF THIS ARTICLE PROVIDED PURSUANT TO
 ARTICLE TWENTY-C OF THIS CHAPTER.  ANY EMPLOYEE WHO PARTICIPATES IN  THE
 ACTIVITIES  ESTABLISHED  FOR  WORKER PROTECTIONS AND SAFETY SHALL NOT BE
 A. 3321--A                          6
 
 SUBJECT TO RETALIATION FOR ANY ACTIONS TAKEN PURSUANT TO  THEIR  PARTIC-
 IPATION.
   4.  THE  DEPARTMENT  SHALL  ESTABLISH A STATEWIDE OUTREACH CAMPAIGN TO
 EDUCATE EMPLOYEES ON THE HEAT AND COLD ILLNESS STANDARDS ESTABLISHED AND
 ENSURE THAT EMPLOYERS ARE PROVIDING ACCESS TO PROPER SIGNAGE AND MATERI-
 ALS.
   § 746. ENFORCEMENT. THE DEPARTMENT SHALL PROMULGATE  RULES  AND  REGU-
 LATIONS TO REQUIRE THE FOLLOWING:
   1.  EVERY  EMPLOYER  SHALL  COLLECT  AND  MAINTAIN DATA AND RECORDS AS
 REQUIRED BY THE DEPARTMENT  ON  ALL  TEMPERATURE-RELATED  ILLNESSES  AND
 FATALITIES WHICH OCCUR AT AN OUTDOOR OR INDOOR WORKSITE.
   2.  EVERY EMPLOYER SHALL SUBMIT REPORTS OF THE DATA COLLECTED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION QUARTERLY TO THE DEPARTMENT AND  SUCH
 REPORTS  SHALL  BE PUBLISHED BY THE DEPARTMENT ON A SEARCHABLE DATABASE.
 EMPLOYERS SHALL ADDITIONALLY MAKE SUCH REPORTS AVAILABLE TO ANY EMPLOYEE
 OR APPLICABLE UNION UPON REQUEST WITHIN FIVE BUSINESS DAYS.  A  TEMPERA-
 TURE-RELATED  FATALITY ON A CONSTRUCTION SITE SHALL BE DEEMED A WORK-RE-
 LATED INJURY FOR THE PURPOSES OF REPORTING PURSUANT  TO  SECTION  FORTY-
 FOUR OF THIS CHAPTER.
   3.  EVERY  EMPLOYER  SHALL  SUBMIT  FOR APPROVAL A WRITTEN PLAN ON HOW
 TEMPERATURE-RELATED STRESS WILL BE  MITIGATED  TO  THE  DEPARTMENT  EACH
 QUARTER. ONCE APPROVED BY THE DEPARTMENT, AN EMPLOYER SHALL PROVIDE SUCH
 PLAN TO ALL EMPLOYEES AND APPLICABLE UNIONS.
   4.  EVERY  EMPLOYER  SHALL BE SUBJECT TO FINES FOR NOT ADHERING TO THE
 MANDATORY  REPORTING  AND  ENFORCEMENT  PROTOCOLS.  EMPLOYERS  SHALL  BE
 REQUIRED  TO  PAY  PENALTIES  OF  NO LESS THAN FIFTY DOLLARS PER DAY FOR
 FAILING TO CREATE A PLAN AND UP TO TEN THOUSAND DOLLARS FOR NOT  FOLLOW-
 ING AN ADOPTED PLAN.  THE DEPARTMENT SHALL ADMINISTER NOTICE AND COLLECT
 ALL  FINES.  ALL  FINES COLLECTED SHALL BE ALLOCATED TO THE DEPARTMENT'S
 TEMPERATURE STANDARDS BUREAU.
   5. THE DEPARTMENT SHALL ESTABLISH A WORKER HOTLINE AND AN ONLINE  FORM
 WHERE  EMPLOYEES  CAN  FILE  COMPLAINTS  WITH  THE  DEPARTMENT REGARDING
 TEMPERATURE STANDARDS.
   6. ANY OTHER REPORTING OR ENFORCEMENT PROTOCOLS  NECESSARY  TO  ENSURE
 THE PROTECTION OF WORKERS.
   7.  EVERY  EMPLOYER  SHALL  DISPLAY  A THERMOMETER FOR EMPLOYEE USE AT
 INDOOR AND OUTDOOR WORKPLACES TO MONITOR THE TEMPERATURE.
   § 4. This act shall take effect immediately.

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2023-A3321B - Details

See Senate Version of this Bill:: S1604
Law Section:: Labor Law
Laws Affected:: Add Art 20-D §§742 - 746, Lab L

2023-A3321B - Summary

2023-A3321B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3321--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JOYNER,  LUNSFORD,  MAMDANI -- read once and
   referred to the Committee  on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the labor law, in relation to regulating the temperature
   of all indoor and outdoor worksites
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "temper-
 ature extreme mitigation program (TEMP) act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that New Yorkers, working both in outdoor and indoor sites, are
 exposed  to  extreme  temperatures  due to climate change. This involves
 both skyrocketing heat in the summer and freezing cold  in  the  winter.
 Every  year,  New  York  city has high numbers of heat-related emergency
 department visits, hospital admissions, and deaths. According to the New
 York City Office of the Mayor, each year  there  are  an  estimated  450
 heat-related  ED  visits, 150 heat-related hospital admissions, 10 heat-
 stroke deaths, and 350 heat-exacerbated deaths, caused by heat worsening
 existing chronic conditions.
   Further, cold stress injuries have proven to  be  a  concern  for  New
 York's  workers. In 2018 in the United States, there were 2,890 cases of
 ice, sleet, and snow injuries; 14% of those were in  the  state  of  New
 York (BLS). In 2018 in New York state, 50 injuries were related to expo-
 sure  to environmental cold. All 50 of those injuries were cases involv-
 ing 31 or more days of missed work (BLS).
   The legislature hereby finds and declares that the government is obli-
 gated to ensure that employers provide safe conditions for their employ-
 ees.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04582-08-3
 A. 3321--B                          2

 
   § 3. The labor law is amended by adding a new article 20-D to read  as
 follows:
                               ARTICLE 20-D
                    TEMPERATURE REGULATION BY EMPLOYERS
 SECTION 742. SCOPE.
         743. DEFINITIONS.
         744. TEMPERATURE PROTECTION STANDARDS.
         745. EDUCATION AND TRAINING.
         746. ENFORCEMENT.
   §  742.  SCOPE. THE FOLLOWING INDUSTRIES WILL BE HELD TO THE STANDARDS
 IN THIS ARTICLE:
   1. AGRICULTURE;
   2. CONSTRUCTION;
   3. LANDSCAPING;
   4. COMMERCIAL SHIPPING;
   5. FOOD SERVICE; AND
   6. WAREHOUSING.
   § 743. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EMPLOYEE" MEANS ANY PERSON PROVIDING LABOR OR SERVICES WITHIN THE
 SCOPE OF THIS ARTICLE FOR REMUNERATION FOR A PUBLIC OR PRIVATE ENTITY OR
 BUSINESS WITHIN THE STATE,   WITHOUT REGARD  TO  AN  INDIVIDUAL'S  IMMI-
 GRATION  STATUS,  AND  SHALL INCLUDE, BUT NOT BE  LIMITED TO,  PART-TIME
 WORKERS,  INDEPENDENT CONTRACTORS, DAY LABORERS,  FARMWORKERS AND  OTHER
 TEMPORARY  AND SEASONAL WORKERS. THE TERM SHALL ALSO INCLUDE INDIVIDUALS
 WORKING FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS  ON  BEHALF
 OF THE EMPLOYER AT ANY INDIVIDUAL WORKSITE, AS  WELL  AS  ANY INDIVIDUAL
 DELIVERING  GOODS  OR TRANSPORTING PEOPLE AT, TO OR FROM THE WORKSITE ON
 BEHALF  OF  THE  EMPLOYER, REGARDLESS OF WHETHER  DELIVERY  OR TRANSPORT
 IS CONDUCTED BY AN INDIVIDUAL OR ENTITY THAT WOULD OTHERWISE  BE  DEEMED
 AN  EMPLOYER  UNDER  THIS  ARTICLE,  OR ANY PERSON HOLDING A POSITION BY
 APPOINTMENT OR EMPLOYMENT IN THE SERVICE OF A PUBLIC EMPLOYER WITHIN THE
 SCOPE OF THIS ARTICLE.
   2. "EMPLOYER" MEANS ANY INDIVIDUAL, PARTNERSHIP,  ASSOCIATION,  CORPO-
 RATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, LEGAL REPRESENTATIVE,
 PUBLIC  ENTITY,  OR  ANY  ORGANIZED  GROUP ACTING AS EMPLOYER WITHIN THE
 SCOPE OF THIS ARTICLE.
   3. "INDOOR WORKSITE" MEANS ANY ENCLOSED WORK VEHICLES  AND  ANY  SPACE
 BETWEEN  A  FLOOR  AND  A  CEILING  BOUND  ON ALL SIDES BY WALLS. A WALL
 INCLUDES ANY DOOR, WINDOW, RETRACTABLE DIVIDER, GARAGE  DOOR,  OR  OTHER
 PHYSICAL  BARRIERS  THAT  IS  TEMPORARY  OR  PERMANENT,  WHETHER OPEN OR
 CLOSED.
   4. "OUTDOOR WORKSITE" MEANS ALL EMPLOYERS  WITH  EMPLOYEES  PERFORMING
 WORK IN AN OUTDOOR ENVIRONMENT. THE TERM OUTDOOR WORKSITE DOES NOT APPLY
 TO  INCIDENTAL  EXPOSURE,  WHICH  EXISTS WHEN AN EMPLOYEE IS REQUIRED TO
 PERFORM A WORK ACTIVITY OUTDOORS FOR NOT LONGER THAN FIFTEEN MINUTES  IN
 ANY SIXTY-MINUTE PERIOD.
   5.  "OUTDOOR TEMPERATURE STRESS THRESHOLD" MEANS A HEAT STRESS THRESH-
 OLD OF EIGHTY OR MORE DEGREES FAHRENHEIT AND A COLD THRESHOLD  OF  SIXTY
 OR BELOW DEGREES FAHRENHEIT.
   6. "INDOOR TEMPERATURE STRESS THRESHOLD" MEANS A HEAT STRESS THRESHOLD
 OF  EIGHTY  OR  MORE DEGREES FAHRENHEIT AND A COLD THRESHOLD OF SIXTY OR
 BELOW DEGREES FAHRENHEIT.  IN CASES OF OFFICES, SCHOOLS, OR OTHER INDOOR
 TEMPERATURE REGULATED ENVIRONMENTS, THE INDOOR  TEMPERATURE  SHALL  FALL
 BETWEEN SIXTY-EIGHT POINT FIVE AND SEVENTY-FIVE DEGREES WHEN THE OUTDOOR
 TEMPERATURE  IS  BELOW  FIFTY-FIVE DEGREES, AND WHEN THE OUTDOOR TEMPER-
 A. 3321--B                          3
 
 ATURE IS ABOVE EIGHTY-FIVE DEGREES, THE INDOOR  TEMPERATURE  SHALL  FALL
 BETWEEN SEVENTY-FIVE AND EIGHTY POINT FIVE DEGREES.
   7. "HEAT ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
 BODY'S  INABILITY TO COPE WITH A PARTICULAR HEAT LOAD, AND INCLUDES, BUT
 IS NOT LIMITED TO, HEAT CRAMPS, HEAT EXHAUSTION, HEAT SYNCOPE, AND  HEAT
 STROKE.
   8. "COLD ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
 BODY'S INABILITY TO COPE WITH COLD TEMPERATURES.
   9.  "PERSONAL  PROTECTIVE  EQUIPMENT"  OR  "PPE"  MEANS  THE NECESSARY
 PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND CLOTHING, TO WITHSTAND TEMPER-
 ATURES AT OR EXCEEDING THE STRESS THRESHOLDS.
   § 744. TEMPERATURE PROTECTION STANDARDS. 1.  HEAT-SPECIFIC  STANDARDS.
 THE EMPLOYER SHALL FULFILL THE FOLLOWING REQUIREMENTS WHEN EMPLOYEES ARE
 IN  AN  OUTDOOR  OR  INDOOR  WORKSITE  AND EXPERIENCING CONDITIONS AT OR
 EXCEEDING A HEAT STRESS THRESHOLD OF EIGHTY OR MORE DEGREES FAHRENHEIT:
   (A) ACCESS TO HYDRATION. THE EMPLOYER  SHALL  PROVIDE  ACCESS  TO  ONE
 QUART OF WATER PER HOUR PER EMPLOYEE AT NO COST TO THE EMPLOYEE AND SUCH
 ACCESS SHALL BE AS CLOSE TO THE WORKSITE AS POSSIBLE.
   (B) REST. THE EMPLOYER SHALL OFFER PREVENTATIVE BREAKS AT THE DURATION
 AND FREQUENCY OF TEN MINUTES IN THE SHADE FOR EVERY TWO HOURS OF OUTDOOR
 WORK  AND  TEN  MINUTES  IN  A COOLER BREAKROOM FOR INDOOR WORKERS.  THE
 BREAKROOM TEMPERATURE SHALL FALL BETWEEN SEVENTY-FIVE AND  EIGHTY  POINT
 FIVE  DEGREES WHEN THE OUTDOOR TEMPERATURE IS ABOVE EIGHTY-FIVE DEGREES.
 PREVENTATIVE BREAKS SHALL BE PAID.
   (C) MEDICAL MONITORING.  EMPLOYERS SHALL CLOSELY MONITOR  TEMPERATURES
 AND  IMPLEMENT THEIR WORKPLACE HEAT STRESS PLAN. IF AN EMPLOYEE EXHIBITS
 SIGNS OR REPORTS SYMPTOMS OF HEAT ILLNESS WHILE  TAKING  A  PREVENTATIVE
 COOL-DOWN  REST,  DURING A PREVENTATIVE COOL-DOWN REST PERIOD, OR AT ANY
 OTHER TIME, THE EMPLOYER SHALL PROVIDE APPROPRIATE FIRST AID OR EMERGEN-
 CY RESPONSE.
   (D) ACCESS TO SHADE. (I)  SHADE  SHALL  BE  MADE  AVAILABLE  WHEN  THE
 TEMPERATURE  EXCEEDS  EIGHTY DEGREES FAHRENHEIT AND SHALL BE AS CLOSE TO
 THE WORKSITE AS POSSIBLE. WHEN THE OUTDOOR TEMPERATURE IN THE WORK  AREA
 EXCEEDS  EIGHTY DEGREES FAHRENHEIT, THE EMPLOYER SHALL HAVE AND MAINTAIN
 ONE OR MORE AREAS WITH SHADE AT ALL TIMES WHILE  EMPLOYEES  ARE  PRESENT
 THAT ARE EITHER OPEN TO THE AIR OR PROVIDED WITH VENTILATION OR COOLING.
 THE  AMOUNT OF SHADE PRESENT SHALL BE AT LEAST ENOUGH TO ACCOMMODATE THE
 NUMBER OF EMPLOYEES ON RECOVERY OR REST PERIODS, SO THAT THEY CAN SIT IN
 A NORMAL POSTURE FULLY IN THE SHADE WITH AT LEAST FOUR SQUARE  FEET  PER
 RESTING EMPLOYEE.  THE SHADE SHALL BE LOCATED AS CLOSE AS PRACTICABLE TO
 THE  AREAS  WHERE  EMPLOYEES ARE WORKING. SUBJECT TO THE SAME SPECIFICA-
 TIONS, THE AMOUNT OF SHADE PRESENT DURING MEAL PERIODS SHALL BE AT LEAST
 ENOUGH TO ACCOMMODATE THE NUMBER OF EMPLOYEES ON  THE  MEAL  PERIOD  WHO
 REMAIN ONSITE.
   (II)  SHADE  SHALL  BE  AVAILABLE WHEN THE TEMPERATURE DOES NOT EXCEED
 EIGHTY DEGREES FAHRENHEIT. WHEN THE OUTDOOR TEMPERATURE IN THE WORK AREA
 DOES NOT EXCEED EIGHTY DEGREES FAHRENHEIT EMPLOYERS SHALL EITHER PROVIDE
 SHADE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH OR  PROVIDE  TIMELY
 ACCESS TO SHADE UPON AN EMPLOYEE'S REQUEST.
   (III) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED TO TAKE A PREVENTATIVE
 COOL-DOWN  REST IN THE SHADE WHEN THEY FEEL THE NEED TO DO SO TO PROTECT
 THEMSELVES FROM OVERHEATING. SUCH ACCESS TO SHADE SHALL BE PERMITTED  AT
 ALL  TIMES.  AN  INDIVIDUAL  EMPLOYEE WHO TAKES A PREVENTATIVE COOL-DOWN
 REST:
   (1) SHALL BE MONITORED AND ASKED IF HE OR SHE IS EXPERIENCING SYMPTOMS
 OF HEAT ILLNESS;
 A. 3321--B                          4
 
   (2) SHALL BE ENCOURAGED TO REMAIN IN THE SHADE; AND
   (3)  SHALL  NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
 HEAT ILLNESS HAVE ABATED, BUT IN NO EVENT, LESS  THAN  FIVE  MINUTES  IN
 ADDITION TO THE TIME NEEDED TO ACCESS THE SHADE.
   (E)  PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
 SARY PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND  CLOTHING,  TO  WITHSTAND
 TEMPERATURES  AT  OR  EXCEEDING  THE  HEAT  STRESS  THRESHOLDS. THIS MAY
 INCLUDE, BUT IS NOT LIMITED TO:
   (I) CLOTHING WITH COOLING AND/OR WICKING FEATURES;
   (II) ICE VESTS AND COOLING RAGS;
   (III) FANS;
   (IV) AIR-CONDITIONING, WHICH SHALL BE MANDATED AT ALL INDOOR WORKPLAC-
 ES WITHIN THE SCOPE OF THIS LEGISLATION, INCLUDING BUT  NOT  LIMITED  TO
 DELIVERY VEHICLES AND WAREHOUSES;
   (V) SUNSCREEN;
   (VI) HATS; AND
   (VII)  ANYTHING  DEEMED  NECESSARY  BY  THE DEPARTMENT OR A REASONABLE
 REQUEST MADE BY EMPLOYEES TO WITHSTAND THE  HEAT  STRESS  THRESHOLD  AND
 ABOVE.
   (F)  VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES IN
 VEHICLES EACH DAY OR WHOSE WORKSITE IS CONSIDERED A VEHICLE  SHALL  HAVE
 ADEQUATE AIR-CONDITIONING AVAILABLE INSIDE SUCH VEHICLE.
   (G)  WORKER ACCLIMATIZATION. EMPLOYERS SHALL PROVIDE TIME FOR ACCLIMA-
 TIZATION OF NEW AND RETURNING EMPLOYEES. WHEN WORKSITE TEMPERATURES  ARE
 ABOVE  EIGHTY DEGREES, EMPLOYEES SHALL ONLY WORK TWENTY PERCENT OF THEIR
 NORMAL DURATION ON THEIR FIRST DAY AND GRADUALLY INCREASE WORK  DURATION
 OVER A TWO-WEEK PERIOD.
   2.  COLD-SPECIFIC  STANDARDS. THE EMPLOYER SHALL FULFILL THE FOLLOWING
 REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR  OR  INDOOR  WORKSITE  AND
 EXPERIENCING  CONDITIONS  AT OR EXCEEDING THE COLD THRESHOLD OF SIXTY OR
 BELOW DEGREES FAHRENHEIT:
   (A) ACCESS TO HYDRATION. THE EMPLOYER  SHALL  PROVIDE  ACCESS  TO  ONE
 QUART OF WATER PER HOUR PER EMPLOYEE AT NO COST TO THE EMPLOYEE.
   (B) REST. THE EMPLOYER SHALL OFFER PREVENTATIVE BREAKS AT THE DURATION
 AND  FREQUENCY  OF  TEN  MINUTES  IN  A WARM AREA FOR EVERY TWO HOURS OF
 OUTDOOR WORK AND TEN MINUTES IN A WARM  BREAKROOM  FOR  INDOOR  WORKERS.
 THE  BREAKROOM TEMPERATURE SHALL FALL BETWEEN SIXTY-EIGHT POINT FIVE AND
 SEVENTY-FIVE  DEGREES  WHEN  THE  OUTDOOR  TEMPERATURE  IS  BELOW  SIXTY
 DEGREES.  PREVENTATIVE BREAKS SHALL BE PAID.
   (C)  MEDICAL MONITORING.  EMPLOYERS SHALL CLOSELY MONITOR TEMPERATURES
 AND IMPLEMENT THEIR WORKPLACE COLD STRESS PLAN. IF AN EMPLOYEE  EXHIBITS
 SIGNS  OR  REPORTS  SYMPTOMS  OF COLD STRESS WHILE TAKING A PREVENTATIVE
 WARM-UP REST, DURING A PREVENTATIVE WARM-UP REST PERIOD, OR AT ANY OTHER
 TIME, THE EMPLOYER SHALL PROVIDE  APPROPRIATE  FIRST  AID  OR  EMERGENCY
 RESPONSE.
   (D)  ACCESS  TO  WARMTH.  (I) A WARM LOCATION FOR BREAKS SHALL BE MADE
 AVAILABLE WHEN THE TEMPERATURE IS BELOW SIXTY DEGREES  FAHRENHEIT.  WHEN
 THE  OUTDOOR TEMPERATURE IN THE WORK AREA IS BELOW SIXTY DEGREES FAHREN-
 HEIT, THE EMPLOYER SHALL HAVE  AND  MAINTAIN  ONE  OR  MORE  AREAS  WITH
 ADEQUATE  WARMTH  AT  ALL  TIMES  WHILE  EMPLOYEES  ARE PRESENT THAT ARE
 PROVIDED WITH VENTILATION AND HEATING. THE SIZE  OF  THE  WARM  LOCATION
 SHALL  BE  AT  LEAST  ENOUGH  TO  ACCOMMODATE THE NUMBER OF EMPLOYEES ON
 RECOVERY OR REST PERIODS, WITH AT LEAST FOUR SQUARE FEET  AVAILABLE  PER
 RESTING  EMPLOYEE.  THE REST LOCATION SHALL BE LOCATED AS CLOSE AS PRAC-
 TICABLE TO THE AREAS WHERE EMPLOYEES ARE WORKING. SUBJECT  TO  THE  SAME
 SPECIFICATIONS,  ACCESS  TO A WARM LOCATION SHALL BE PRESENT DURING MEAL
 A. 3321--B                          5

 PERIODS AND SHALL BE AT  LEAST  ENOUGH  TO  ACCOMMODATE  THE  NUMBER  OF
 EMPLOYEES ON THE MEAL PERIOD WHO REMAIN ONSITE.
   (II)  WARM  LOCATIONS  SHALL  BE AVAILABLE WHEN THE TEMPERATURE IS NOT
 BELOW SIXTY DEGREES FAHRENHEIT. WHEN THE OUTDOOR TEMPERATURE IN THE WORK
 AREA IS NOT  BELOW  SIXTY  DEGREES  FAHRENHEIT  EMPLOYERS  SHALL  EITHER
 PROVIDE WARMTH PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH OR PROVIDE
 TIMELY ACCESS UPON AN EMPLOYEE'S REQUEST.
   (III) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED TO TAKE A PREVENTATIVE
 WARM-UP  REST  IN  THE SHADE WHEN THEY FEEL THE NEED TO DO SO TO PROTECT
 THEMSELVES FROM COLD STRESS. SUCH  ACCESS  SHALL  BE  PERMITTED  AT  ALL
 TIMES. AN INDIVIDUAL EMPLOYEE WHO TAKES A PREVENTATIVE WARM-UP REST:
   (1) SHALL BE MONITORED AND ASKED IF HE OR SHE IS EXPERIENCING SYMPTOMS
 OF COLD STRESS;
   (2) SHALL BE ENCOURAGED TO REMAIN IN THE DESIGNATED WARM AREA; AND
   (3)  SHALL  NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
 COLD STRESS HAVE ABATED, BUT IN NO EVENT,  LESS  THAN  FIVE  MINUTES  IN
 ADDITION TO THE TIME NEEDED TO ACCESS WARMTH.
   (E)  PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
 SARY PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND  CLOTHING,  TO  WITHSTAND
 TEMPERATURES  AT  OR  EXCEEDING  THE  COLD  STRESS  THRESHOLDS. THIS MAY
 INCLUDE, BUT IS NOT LIMITED TO:
   (I) CLOTHING WITH HEATING FEATURES;
   (II) GLOVES, HATS, WINTER COATS;
   (III) HEATING; AND
   (IV) ANYTHING DEEMED NECESSARY BY THE DEPARTMENT OR REASONABLE REQUEST
 MADE BY EMPLOYEES TO WITHSTAND THE COLD STRESS THRESHOLD AND BELOW.
   (F) VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES  IN
 VEHICLES  EACH  DAY OR WHOSE WORKSITE IS CONSIDERED A VEHICLE SHALL HAVE
 ADEQUATE HEATING AVAILABLE INSIDE THE VEHICLE.
   (G) WORKER ACCLIMATIZATION. EMPLOYERS SHALL PROVIDE TIME FOR  ACCLIMA-
 TIZATION  OF NEW AND RETURNING EMPLOYEES. WHEN WORKSITE TEMPERATURES ARE
 BELOW SIXTY DEGREES, EMPLOYEES SHALL ONLY WORK TWENTY PERCENT  OF  THEIR
 NORMAL  DURATION  ON  THEIR FIRST DAY OF EMPLOYMENT IN WHICH THE TEMPER-
 ATURE IS BELOW SIXTY DEGREES AND GRADUALLY INCREASE WORK DURATION OVER A
 TWO-WEEK PERIOD.
   § 745. EDUCATION AND  TRAINING.  1.  TRAINING.  THE  DEPARTMENT  SHALL
 CREATE A TRAINING CURRICULUM OUTLINING THE SIGNS OF COLD STRESS AND HEAT
 ILLNESS  AND  THE  NECESSARY  MEDICAL  RESPONSES. SUCH TRAINING SHALL BE
 ADMINISTERED BY THE EMPLOYER AT TIME OF HIRING.
   2. MANDATED SIGNAGE AND MATERIALS.  THE  DEPARTMENT  SHALL  PROMULGATE
 SIGNAGE AND EDUCATIONAL MATERIALS THAT ARE REQUIRED TO BE MADE AVAILABLE
 TO  EMPLOYEES  BY THEIR EMPLOYER IN ALL LANGUAGES IN THE STATE REGARDING
 THE FOLLOWING:
   (A) SIGNS OF HEAT ILLNESS AND COLD STRESS;
   (B) INDOOR AND OUTDOOR TEMPERATURE STRESS THRESHOLDS;
   (C) EMPLOYER-MANDATED PROTECTIONS FROM TEMPERATURE STRESS THRESHOLDS;
   (D) EXAMPLES OF NECESSARY PPE;
   (E) WHERE EMPLOYEES CAN REPORT AN EMPLOYER'S  LACK  OF  ACCOMMODATION;
 AND
   (F) ANYTHING ELSE DEEMED NECESSARY BY THE DEPARTMENT.
   3.  WHISTLEBLOWER  PROTECTION.  AN  EMPLOYER  SHALL  PROVIDE  TO EVERY
 EMPLOYEE WRITTEN MATERIALS DESCRIBING THE  PROTECTION  FROM  RETALIATORY
 ACTION  FOR  REPORTING  A VIOLATION OF THIS ARTICLE PROVIDED PURSUANT TO
 ARTICLE TWENTY-C OF THIS CHAPTER.  ANY EMPLOYEE WHO PARTICIPATES IN  THE
 ACTIVITIES  ESTABLISHED  FOR  WORKER PROTECTIONS AND SAFETY SHALL NOT BE
 A. 3321--B                          6
 
 SUBJECT TO RETALIATION FOR ANY ACTIONS TAKEN PURSUANT TO  THEIR  PARTIC-
 IPATION.
   4.  THE  DEPARTMENT  SHALL  ESTABLISH A STATEWIDE OUTREACH CAMPAIGN TO
 EDUCATE EMPLOYEES ON THE HEAT AND COLD ILLNESS STANDARDS ESTABLISHED AND
 ENSURE THAT EMPLOYERS ARE PROVIDING ACCESS TO PROPER SIGNAGE AND MATERI-
 ALS.
   § 746. ENFORCEMENT. THE DEPARTMENT SHALL PROMULGATE  RULES  AND  REGU-
 LATIONS TO REQUIRE THE FOLLOWING:
   1.  EVERY  EMPLOYER  SHALL  COLLECT  AND  MAINTAIN DATA AND RECORDS AS
 REQUIRED BY THE DEPARTMENT  ON  ALL  TEMPERATURE-RELATED  ILLNESSES  AND
 FATALITIES WHICH OCCUR AT AN OUTDOOR OR INDOOR WORKSITE.
   2.  EVERY EMPLOYER SHALL SUBMIT REPORTS OF THE DATA COLLECTED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION QUARTERLY TO THE DEPARTMENT AND  SUCH
 REPORTS  SHALL  BE PUBLISHED BY THE DEPARTMENT ON A SEARCHABLE DATABASE.
 EMPLOYERS SHALL ADDITIONALLY MAKE SUCH REPORTS AVAILABLE TO ANY EMPLOYEE
 OR APPLICABLE UNION UPON REQUEST WITHIN FIVE BUSINESS DAYS.  A  TEMPERA-
 TURE-RELATED  FATALITY ON A CONSTRUCTION SITE SHALL BE DEEMED A WORK-RE-
 LATED INJURY FOR THE PURPOSES OF REPORTING PURSUANT  TO  SECTION  FORTY-
 FOUR OF THIS CHAPTER.
   3.  EVERY  EMPLOYER  SHALL  SUBMIT  FOR APPROVAL A WRITTEN PLAN ON HOW
 TEMPERATURE-RELATED STRESS WILL BE  MITIGATED  TO  THE  DEPARTMENT  EACH
 QUARTER. ONCE APPROVED BY THE DEPARTMENT, AN EMPLOYER SHALL PROVIDE SUCH
 PLAN TO ALL EMPLOYEES AND APPLICABLE UNIONS.
   4.  EVERY  EMPLOYER  SHALL BE SUBJECT TO FINES FOR NOT ADHERING TO THE
 MANDATORY  REPORTING  AND  ENFORCEMENT  PROTOCOLS.  EMPLOYERS  SHALL  BE
 REQUIRED  TO  PAY  PENALTIES  OF  NO LESS THAN FIFTY DOLLARS PER DAY FOR
 FAILING TO CREATE A PLAN AND UP TO TEN THOUSAND DOLLARS FOR NOT  FOLLOW-
 ING AN ADOPTED PLAN.  THE DEPARTMENT SHALL ADMINISTER NOTICE AND COLLECT
 ALL  FINES.  ALL  FINES COLLECTED SHALL BE ALLOCATED TO THE DEPARTMENT'S
 TEMPERATURE STANDARDS BUREAU.
   5. THE DEPARTMENT SHALL ESTABLISH A WORKER HOTLINE AND AN ONLINE  FORM
 WHERE  EMPLOYEES  CAN  FILE  COMPLAINTS  WITH  THE  DEPARTMENT REGARDING
 TEMPERATURE STANDARDS.
   6. ANY OTHER REPORTING OR ENFORCEMENT PROTOCOLS  NECESSARY  TO  ENSURE
 THE PROTECTION OF WORKERS.
   7.  EVERY  EMPLOYER  SHALL  DISPLAY  A THERMOMETER FOR EMPLOYEE USE AT
 INDOOR AND OUTDOOR WORKPLACES TO MONITOR THE TEMPERATURE.
   § 4. This act shall take effect immediately.

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2023-A3321C (ACTIVE) - Details

See Senate Version of this Bill:: S1604
Law Section:: Labor Law
Laws Affected:: Add Art 20-D §§742 - 746, Lab L

2023-A3321C (ACTIVE) - Summary

2023-A3321C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3321--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JOYNER,  LUNSFORD, MAMDANI, SHRESTHA, GLICK,
   REYES, DeSTEFANO -- read once and referred to the Committee  on  Labor
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- again reported from said  commit-
   tee  with  amendments, ordered reprinted as amended and recommitted to
   said committee -- again reported from said committee with  amendments,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to regulating the temperature
   of all indoor and outdoor worksites
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "temper-
 ature extreme mitigation program (TEMP) act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that New Yorkers, working both in outdoor and indoor sites, are
 exposed  to  extreme  temperatures  due to climate change. This involves
 skyrocketing heat in the summer.   Every year, New York  city  has  high
 numbers  of  heat-related  emergency  department visits, hospital admis-
 sions, and deaths. According to the New York City Office of  the  Mayor,
 each  year  there are an estimated 450 heat-related ED visits, 150 heat-
 related hospital admissions, 10 heat-stroke deaths, and 350 heat-exacer-
 bated deaths, caused by heat worsening existing chronic conditions.
   The legislature hereby finds and declares that the government is obli-
 gated to ensure that employers provide safe conditions for their employ-
 ees.
   § 3. The labor law is amended by adding a new article 20-D to read  as
 follows:
                               ARTICLE 20-D
                    TEMPERATURE REGULATION BY EMPLOYERS
 SECTION 742. SCOPE.
         743. DEFINITIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04582-14-3

 A. 3321--C                          2
 
         744. HEAT PROTECTION STANDARDS.
         745. EDUCATION AND TRAINING.
         746. ENFORCEMENT.
   §  742. SCOPE. 1. THE FOLLOWING COVERED INDUSTRIES WILL BE HELD TO THE
 STANDARDS IN THIS ARTICLE:
   (A) AGRICULTURE;
   (B) CONSTRUCTION, UNLESS THE EMPLOYER IS PARTY TO  A:  (I)  COLLECTIVE
 BARGAINING  AGREEMENT  OR  (II) PROJECT LABOR AGREEMENT WITH A BONA FIDE
 BUILDING AND CONSTRUCTION TRADES COUNCIL;
   (C) LANDSCAPING;
   (D) COMMERCIAL SHIPPING;
   (E) FOOD SERVICE; AND
   (F) WAREHOUSING.
   2. FOR THE PURPOSES OF THIS ARTICLE, OUTDOOR WORKSITES OF THE  COVERED
 INDUSTRIES  IN  PARAGRAPHS  (A), (B), AND (C) OF SUBDIVISION ONE OF THIS
 SECTION SHALL BE SUBJECT TO THE PROVISIONS HEREIN. FOR THE  PURPOSES  OF
 THIS  ARTICLE,  INDOOR WORKSITES OF THE COVERED INDUSTRIES IN PARAGRAPHS
 (D), (E), AND (F) OF SUBDIVISION ONE OF THIS SECTION SHALL BE SUBJECT TO
 THE PROVISIONS HEREIN.
   § 743. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EMPLOYEE"  MEANS  ANY  PERSON WITHIN A COVERED INDUSTRY PROVIDING
 LABOR OR SERVICES WITHIN THE SCOPE OF THIS ARTICLE FOR REMUNERATION  FOR
 A PUBLIC OR PRIVATE ENTITY OR BUSINESS WITHIN THE STATE,  WITHOUT REGARD
 TO  AN  INDIVIDUAL'S  IMMIGRATION  STATUS, AND SHALL INCLUDE, BUT NOT BE
 LIMITED TO,  PART-TIME  WORKERS,  INDEPENDENT CONTRACTORS, DAY LABORERS,
 FARMWORKERS AND  OTHER TEMPORARY   AND SEASONAL WORKERS  WORKING  IN  AN
 INDUSTRY  IDENTIFIED  IN THIS ARTICLE. THE TERM SHALL ALSO INCLUDE INDI-
 VIDUALS WORKING FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS  ON
 BEHALF  OF  THE  EMPLOYER  AT ANY INDIVIDUAL WORKSITE, AS  WELL  AS  ANY
 INDIVIDUAL DELIVERING  GOODS  OR TRANSPORTING PEOPLE AT, TO OR FROM  THE
 WORKSITE  ON BEHALF OF THE EMPLOYER, REGARDLESS OF WHETHER  DELIVERY  OR
 TRANSPORT  IS CONDUCTED BY AN INDIVIDUAL OR ENTITY THAT WOULD  OTHERWISE
 BE  DEEMED AN EMPLOYER UNDER THIS ARTICLE, OR ANY PERSON HOLDING A POSI-
 TION BY APPOINTMENT OR EMPLOYMENT IN THE SERVICE OF  A  PUBLIC  EMPLOYER
 WITHIN THE SCOPE OF THIS ARTICLE.
   2.  "EMPLOYER"  MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPO-
 RATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, LEGAL REPRESENTATIVE,
 PUBLIC ENTITY, OR ANY  ORGANIZED  GROUP  ACTING  AS  EMPLOYER  WITHIN  A
 COVERED INDUSTRY IDENTIFIED IN THIS ARTICLE.
   3.  "INDOOR  WORKSITE"  MEANS ANY ENCLOSED WORK VEHICLES AND ANY SPACE
 BETWEEN A FLOOR AND A CEILING BOUND  ON  ALL  SIDES  BY  WALLS.  A  WALL
 INCLUDES  ANY  DOOR,  WINDOW, RETRACTABLE DIVIDER, GARAGE DOOR, OR OTHER
 PHYSICAL BARRIERS THAT  IS  TEMPORARY  OR  PERMANENT,  WHETHER  OPEN  OR
 CLOSED.
   4.  "OUTDOOR  WORKSITE"  MEANS ALL EMPLOYERS WITH EMPLOYEES PERFORMING
 WORK IN AN OUTDOOR ENVIRONMENT. THE TERM OUTDOOR WORKSITE DOES NOT APPLY
 TO INCIDENTAL EXPOSURE, WHICH EXISTS WHEN AN  EMPLOYEE  IS  REQUIRED  TO
 PERFORM  A WORK ACTIVITY OUTDOORS FOR NOT LONGER THAN FIFTEEN MINUTES IN
 ANY SIXTY-MINUTE PERIOD.
   5. "HEAT STRESS THRESHOLD" MEANS A HEAT STRESS THRESHOLD OF EIGHTY  OR
 MORE  DEGREES FAHRENHEIT.   FOR THE PURPOSES OF INDOOR TEMPERATURE REGU-
 LATED ENVIRONMENTS, THE INDOOR TEMPERATURE  SHALL  FALL  BETWEEN  SIXTY-
 EIGHT AND SEVENTY-FIVE DEGREES FAHRENHEIT, TO THE EXTENT PRACTICABLE.
   6.    "HEAT  ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM
 THE BODY'S INABILITY TO COPE WITH EXTREME TEMPERATURE STRESS THRESHOLDS,
 A. 3321--C                          3
 
 AND INCLUDES, BUT IS NOT LIMITED TO, HEAT CRAMPS, HEAT EXHAUSTION,  HEAT
 SYNCOPE, AND HEAT STROKE.
   7.  "PERSONAL  PROTECTIVE  EQUIPMENT"  OR  "PPE"  MEANS  THE NECESSARY
 PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND EXTREME HEAT AT OR
 EXCEEDING THE HEAT STRESS THRESHOLDS.
   § 744. HEAT PROTECTION STANDARDS.   THE  EMPLOYER  SHALL  FULFILL  THE
 FOLLOWING  REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR OR INDOOR WORK-
 SITE AND EXPERIENCING CONDITIONS AT OR EXCEEDING A HEAT  STRESS  THRESH-
 OLD:
   1.  ACCESS  TO HYDRATION. THE EMPLOYER SHALL PROVIDE ACCESS TO POTABLE
 DRINKING WATER AT NO COST TO THE EMPLOYEE.  THE WATER SHALL  BE  LOCATED
 AS  CLOSE AS PRACTICABLE TO THE AREAS WHERE EMPLOYEES ARE WORKING. WATER
 SHALL BE PROVIDED AT THE BEGINNING OF THE  WORK  SHIFT  TO  PROVIDE  ONE
 QUART  PER  EMPLOYEE PER HOUR FOR DRINKING FOR THE ENTIRE SHIFT PROVIDED
 HOWEVER THAT AN EMPLOYER MAY BEGIN THE SHIFT WITH SMALLER QUANTITIES  OF
 WATER  WHERE  SUCH  EMPLOYER  HAS EFFECTIVE PROCEDURES FOR REPLENISHMENT
 DURING THE SHIFT AS NEEDED TO ALLOW EMPLOYEES TO DRINK ONE QUART OR MORE
 PER HOUR.
   2. MEDICAL MONITORING.  EMPLOYERS SHALL CLOSELY  MONITOR  TEMPERATURES
 AND  IMPLEMENT THEIR WORKPLACE HEAT STRESS PLAN. IF AN EMPLOYEE EXHIBITS
 SIGNS OR REPORTS SYMPTOMS OF HEAT ILLNESS WHILE  TAKING  A  PREVENTATIVE
 BREAK  PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION, OR AT ANY OTHER
 TIME, THE EMPLOYER SHALL MAKE A REASONABLE EFFORT TO PROVIDE THE  WORKER
 WITH ACCESS TO FIRST AID OR OTHER TREATMENT.
   3. ACCESS TO SHADE.  (A) WITH RESPECT TO OUTDOOR SITES, SHADE SHALL BE
 MADE  AVAILABLE WHILE EMPLOYEES ARE PRESENT WHEN THE TEMPERATURE EXCEEDS
 EIGHTY DEGREES FAHRENHEIT AND SHALL BE  AS  CLOSE  TO  THE  WORKSITE  AS
 REASONABLY  POSSIBLE.  WHEN  THE  OUTDOOR  TEMPERATURE  IN THE WORK AREA
 EXCEEDS EIGHTY DEGREES FAHRENHEIT, THE EMPLOYER SHALL HAVE AND  MAINTAIN
 ONE  OR  MORE  AREAS WITH SHADE AT ALL TIMES WHILE EMPLOYEES ARE PRESENT
 THAT ARE EITHER OPEN TO THE AIR OR PROVIDED WITH VENTILATION OR COOLING.
 THE AMOUNT OF SHADE PRESENT SHALL BE AT LEAST ENOUGH TO ACCOMMODATE  THE
 NUMBER  OF  EMPLOYEES  ON PREVENTATIVE BREAKS, SO THAT THEY CAN SIT IN A
 NORMAL POSTURE FULLY IN THE SHADE WITH AT LEAST  FOUR  SQUARE  FEET  PER
 RESTING EMPLOYEE.
   (B) WHERE THE EMPLOYER CAN DEMONSTRATE THAT IT IS INFEASIBLE OR UNSAFE
 TO  HAVE  A  SHADE  STRUCTURE,  OR  OTHERWISE TO HAVE SHADE PRESENT ON A
 CONTINUOUS BASIS, THE EMPLOYER MAY UTILIZE  ALTERNATIVE  PROCEDURES  FOR
 PROVIDING  ACCESS  TO SHADE IF THE ALTERNATIVE PROCEDURES PROVIDE EQUIV-
 ALENT PROTECTION.
   4. PREVENTATIVE BREAKS. (A) EMPLOYEES SHALL BE ALLOWED AND  ENCOURAGED
 TO  TAKE  PREVENTATIVE  BREAKS WHEN THEY FEEL THE ONSET OF HEAT ILLNESS.
 EMPLOYEES SHALL NOTIFY THEIR EMPLOYER AS SOON  AS  POSSIBLE  ABOUT  SUCH
 ONSET  AND A PREVENTATIVE BREAK SHALL BE OFFERED TO SUCH EMPLOYEES. SUCH
 PREVENTATIVE BREAK MAY INCLUDE ACCESS TO SHADE.  AN INDIVIDUAL  EMPLOYEE
 WHO TAKES A PREVENTATIVE BREAK:
   (I) SHALL BE MONITORED AND ASKED IF HE OR SHE IS EXPERIENCING SYMPTOMS
 OF HEAT ILLNESS;
   (II)  SHALL  BE  ENCOURAGED  TO  REMAIN IN THE SHADE, WHERE APPLICABLE
 UNDER SUBDIVISION THREE OF THIS SECTION; AND
   (III) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
 HEAT ILLNESS HAVE ABATED, BUT IN NO EVENT, LESS  THAN  FIVE  MINUTES  IN
 ADDITION TO THE TIME NEEDED TO ACCESS SHADE WHERE APPLICABLE.
   (B)  WITH  RESPECT  TO OUTDOOR SITES, WHERE THE TEMPERATURE REACHES OR
 EXCEEDS NINETY-FIVE DEGREES FAHRENHEIT, THE  EMPLOYER  SHALL  ALLOW  AND
 A. 3321--C                          4
 
 ENCOURAGE  EMPLOYEES TO TAKE A MINIMUM TEN MINUTE PREVENTATIVE COOL-DOWN
 REST PERIOD EVERY TWO HOURS.
   5.  PERSONAL  PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
 SARY PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND  TEMPERATURES
 AT  OR  EXCEEDING  THE HEAT STRESS THRESHOLDS TO THE EXTENT PRACTICABLE.
 THIS MAY INCLUDE, BUT IS NOT LIMITED TO:
   (A) FANS, IF POSSIBLE;
   (B) AIR-CONDITIONING, WHICH SHALL BE MANDATED IN ALL DELIVERY VEHICLES
 AND WAREHOUSES IN AN INDUSTRY IDENTIFIED IN THIS ARTICLE; AND
   (C) ANYTHING ADDITIONAL DEEMED NECESSARY BY THE DEPARTMENT  TO  COMBAT
 EXTREME HEAT.
   6.  VEHICLE  STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES IN
 WORKPLACE OR EMPLOYER PROVIDED VEHICLES EACH DAY OR  WHOSE  WORKSITE  IS
 CONSIDERED  AN  EMPLOYER PROVIDED VEHICLE SHALL HAVE ADEQUATE AIR-CONDI-
 TIONING AVAILABLE INSIDE SUCH VEHICLE.
   § 745. EDUCATION AND  TRAINING.  1.  TRAINING.  THE  DEPARTMENT  SHALL
 CREATE A TRAINING CURRICULUM OUTLINING THE SIGNS OF HEAT ILLNESS AND THE
 AVAILABLE  MEDICAL RESPONSES. SUCH TRAINING SHALL BE ADMINISTERED BY THE
 EMPLOYER AT TIME OF HIRING OR THE EMPLOYEE'S TRAINING FUND IF  A  MEMBER
 OF ORGANIZED LABOR.
   2.  MANDATED  SIGNAGE  AND  MATERIALS. THE DEPARTMENT SHALL PROMULGATE
 SIGNAGE AND EDUCATIONAL MATERIALS THAT ARE REQUIRED TO BE MADE AVAILABLE
 TO EMPLOYEES BY THEIR EMPLOYER  IN  THE  TWELVE  MOST  COMMON  LANGUAGES
 SPOKEN IN THE STATE REGARDING THE FOLLOWING:
   (A) SIGNS OF HEAT ILLNESS;
   (B) HEAT STRESS THRESHOLDS;
   (C) EMPLOYER REQUIRED PROTECTIONS FROM HEAT STRESS THRESHOLDS;
   (D)  WHERE  EMPLOYEES  CAN REPORT AN EMPLOYER'S LACK OF ACCOMMODATION;
 AND
   (E) ANYTHING ELSE DEEMED NECESSARY BY THE DEPARTMENT.
   3. UNLAWFUL RETALIATION.   FOR THE PURPOSES  OF  THIS  ARTICLE,  THERE
 SHALL BE A REBUTTABLE PRESUMPTION OF UNLAWFUL RETALIATION IF AN EMPLOYER
 IN ANY MANNER DISCRIMINATES, RETALIATES, OR  TAKES  ANY  ADVERSE  ACTION
 AGAINST  ANY  EMPLOYEE  WITHIN  NINETY DAYS OF THE EMPLOYEE INITIATING A
 COMPLAINT PURSUANT TO THIS ARTICLE.
   4. OUTREACH CAMPAIGN.   THE DEPARTMENT  SHALL  ESTABLISH  A  STATEWIDE
 OUTREACH  CAMPAIGN  TO  EDUCATE  EMPLOYEES ON THE HEAT ILLNESS STANDARDS
 ESTABLISHED AND ENSURE THAT EMPLOYERS ARE  PROVIDING  ACCESS  TO  PROPER
 SIGNAGE AND MATERIALS.
   §  746.  ENFORCEMENT.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGU-
 LATIONS TO REQUIRE THE FOLLOWING:
   1. EVERY EMPLOYER IN A COVERED INDUSTRY  SHALL  COLLECT  AND  MAINTAIN
 DATA  AND  RECORDS  AS  REQUIRED  BY  THE DEPARTMENT ON ALL HEAT-RELATED
 ILLNESSES AND FATALITIES WHICH OCCUR AT AN OUTDOOR OR INDOOR WORKSITE.
   2. EVERY EMPLOYER IN A COVERED INDUSTRY SHALL SUBMIT  REPORTS  OF  THE
 DATA  COLLECTED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANNUALLY TO
 THE DEPARTMENT AND SUCH REPORTS SHALL BE PUBLISHED BY THE DEPARTMENT  ON
 A  SEARCHABLE  DATABASE.  EMPLOYERS SHALL MAKE SUCH REPORTS AVAILABLE TO
 ANY EMPLOYEE OR APPLICABLE LABOR ORGANIZATION UPON  REQUEST  WITHIN  TEN
 BUSINESS  DAYS.  AN EXTREME HEAT-RELATED FATALITY ON A CONSTRUCTION SITE
 SHALL BE DEEMED A WORK-RELATED INJURY  FOR  THE  PURPOSES  OF  REPORTING
 PURSUANT TO SECTION FORTY-FOUR OF THIS CHAPTER.
   3.  EVERY  EMPLOYER  IN A COVERED INDUSTRY SHALL SUBMIT FOR APPROVAL A
 WRITTEN PLAN ON HOW HEAT-RELATED STRESS WILL BE MITIGATED TO THE DEPART-
 MENT. ONCE APPROVED BY THE DEPARTMENT, AN EMPLOYER  SHALL  PROVIDE  SUCH
 A. 3321--C                          5

 PLAN  TO  ALL  EMPLOYEES AND APPLICABLE LABOR ORGANIZATIONS ON AN ANNUAL
 BASIS.
   4.  EVERY EMPLOYER IN A COVERED INDUSTRY SHALL BE SUBJECT TO FINES FOR
 NOT ADHERING TO  THE  MANDATORY  REPORTING  AND  ENFORCEMENT  PROTOCOLS.
 EMPLOYERS  SHALL  BE  REQUIRED  TO  PAY  PENALTIES OF NO LESS THAN FIFTY
 DOLLARS PER DAY FOR FAILING TO IMPLEMENT HEAT  PROTECTION  STANDARDS  AS
 SET  FORTH  IN THIS ARTICLE.  THE DEPARTMENT SHALL ADMINISTER NOTICE AND
 COLLECT ALL FINES.
   5. THE DEPARTMENT SHALL ESTABLISH A WORKER HOTLINE AND AN ONLINE  FORM
 WHERE  EMPLOYEES  CAN FILE COMPLAINTS WITH THE DEPARTMENT REGARDING HEAT
 PROTECTION STANDARDS.
   6. ANY OTHER REPORTING OR ENFORCEMENT PROTOCOLS  NECESSARY  TO  ENSURE
 THE PROTECTION OF WORKERS.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation   necessary for the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Assembly Bill A3321C

Sponsored By

Current Bill Status - Stricken

Bill Amendments

2023-A3321 - Details

2023-A3321 - Summary

2023-A3321 - Bill Text download pdf

co-Sponsors

2023-A3321A - Details

2023-A3321A - Summary

2023-A3321A - Bill Text download pdf

co-Sponsors

2023-A3321B - Details

2023-A3321B - Summary

2023-A3321B - Bill Text download pdf

co-Sponsors

2023-A3321C (ACTIVE) - Details

2023-A3321C (ACTIVE) - Summary

2023-A3321C (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A3321C

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Sponsored By

JOYNER

Current Bill Status - Stricken

Bill Amendments

2023-A3321 - Details

2023-A3321 - Summary

2023-A3321 - Bill Text download pdf

co-Sponsors

Jen Lunsford

Zohran Mamdani

2023-A3321A - Details

2023-A3321A - Summary

2023-A3321A - Bill Text download pdf

co-Sponsors

Jen Lunsford

Zohran Mamdani

Sarahana Shrestha

Deborah Glick

2023-A3321B - Details

2023-A3321B - Summary

2023-A3321B - Bill Text download pdf

co-Sponsors

Jen Lunsford

Zohran Mamdani

Sarahana Shrestha

Deborah Glick

2023-A3321C (ACTIVE) - Details

2023-A3321C (ACTIVE) - Summary

2023-A3321C (ACTIVE) - Bill Text download pdf

Comments