STATE OF NEW YORK ________________________________________________________________________ 8935--A IN ASSEMBLY January 30, 2024 ___________ Introduced by M. of A. BRONSON, ZINERMAN, OTIS, SHIMSKY, LUNSFORD, RAGA, STECK, GIBBS, BURDICK, ARDILA, GONZALEZ-ROJAS, GLICK -- read once and referred to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- 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: 1 Section 1. This act shall be known and may be cited as the "temper- 2 ature extreme mitigation program (TEMP) act". 3 § 2. Legislative findings and intent. The legislature hereby finds and 4 declares that New Yorkers, working both in outdoor and indoor sites, are 5 exposed to extreme temperatures due to climate change. This involves 6 skyrocketing heat in the summer. Every year, New York city has high 7 numbers of heat-related emergency department visits, hospital admis- 8 sions, and deaths. According to the New York City Office of the Mayor, 9 each year there are an estimated 450 heat-related ED visits, 150 heat- 10 related hospital admissions, 10 heat-stroke deaths, and 350 heat-exacer- 11 bated deaths, caused by heat worsening existing chronic conditions. 12 The legislature hereby finds and declares that the government is obli- 13 gated to ensure that employers provide safe conditions for their employ- 14 ees. 15 § 3. The labor law is amended by adding a new article 20-D to read as 16 follows: 17 ARTICLE 20-D 18 TEMPERATURE REGULATION BY EMPLOYERS 19 Section 742. Scope. 20 743. Definitions. 21 744. Heat protection standards. 22 745. Cold protection standards. 23 746. Education and training. 24 747. Enforcement. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04582-18-4A. 8935--A 2 1 § 742. Scope. 1. The following covered industries will be held to the 2 standards in this article: 3 (a) Agriculture; 4 (b) Construction, unless the employer is party to a: (i) collective 5 bargaining agreement or (ii) project labor agreement with a bona fide 6 building and construction trades council; 7 (c) Landscaping; 8 (d) Car wash service; 9 (e) Commercial shipping; 10 (f) Food service; and 11 (g) Warehousing. 12 2. For the purposes of this article, outdoor worksites of the covered 13 industries in paragraphs (a), (b), (c), and (d) of subdivision one of 14 this section shall be subject to the provisions herein. For the purposes 15 of this article, indoor worksites of the covered industries in para- 16 graphs (e), (f), and (g) of subdivision one of this section shall be 17 subject to the provisions herein. 18 § 743. Definitions. For the purposes of this article, the following 19 terms shall have the following meanings: 20 1. "Employee" means any person within a covered industry providing 21 labor or services within the scope of this article for remuneration for 22 a public or private entity or business within the state, without regard 23 to an individual's immigration status, and shall include, but not be 24 limited to, part-time workers, independent contractors, day laborers, 25 farmworkers and other temporary and seasonal workers working in an 26 industry identified in this article. The term shall also include indi- 27 viduals working for staffing agencies, contractors or subcontractors on 28 behalf of the employer at any individual worksite, as well as any 29 individual delivering goods or transporting people at, to or from the 30 worksite on behalf of the employer, regardless of whether delivery or 31 transport is conducted by an individual or entity that would otherwise 32 be deemed an employer under this article, or any person holding a posi- 33 tion by appointment or employment in the service of a public employer 34 within the scope of this article. 35 2. "Employer" means any individual, partnership, association, corpo- 36 ration, limited liability company, business trust, legal representative, 37 public entity, or any organized group acting as employer within a 38 covered industry identified in this article. 39 3. "Indoor worksite" means any enclosed work vehicles and any space 40 between a floor and a ceiling bound on all sides by walls. A wall 41 includes any door, window, retractable divider, garage door, or other 42 physical barriers that is temporary or permanent, whether open or 43 closed. 44 4. "Outdoor worksite" means all employers with employees performing 45 work in an outdoor environment. The term outdoor worksite does not apply 46 to incidental exposure, which exists when an employee is required to 47 perform a work activity outdoors for not longer than fifteen minutes in 48 any sixty-minute period. 49 5. "Heat stress threshold" means a heat stress threshold of eighty or 50 more degrees Fahrenheit. For the purposes of indoor temperature regu- 51 lated environments, the indoor temperature shall fall between sixty- 52 eight and seventy-five degrees Fahrenheit, to the extent practicable. 53 6. "Heat illness" means a serious medical condition resulting from the 54 body's inability to cope with extreme heat temperature stress thresh- 55 olds, and includes, but is not limited to, heat cramps, heat exhaustion, 56 heat syncope, and heat stroke.A. 8935--A 3 1 7. "Cold stress threshold" means a threshold temperature of sixty 2 degrees Fahrenheit or below. For the purposes of indoor temperature 3 regulated environments, the indoor temperature shall fall between 4 sixty-eight and seventy-five degrees Fahrenheit, to the extent practica- 5 ble. 6 8. "Cold illness" means a serious medical condition resulting from the 7 body's inability to cope with extreme cold stress thresholds. 8 9. "Personal protective equipment" or "PPE" means the necessary 9 protective equipment, gear, and uniforms to withstand extreme heat at or 10 exceeding the heat stress thresholds. 11 § 744. Heat protection standards. The employer shall fulfill the 12 following requirements when employees are in an outdoor or indoor work- 13 site and experiencing conditions at or exceeding a heat stress thresh- 14 old: 15 1. Access to hydration. The employer shall provide access to potable 16 drinking water from a sanitary source and kept at sixty degrees or cool- 17 er at no cost to the employee. The water shall be located as close as 18 practicable to, but no more than a quarter mile from, the areas where 19 employees are working. Water shall be provided at the beginning of the 20 work shift to provide one quart per employee per hour for drinking for 21 the entire shift; provided, however, that an employer may begin the 22 shift with smaller quantities of water where such employer has effective 23 procedures for replenishment during the shift as needed to allow employ- 24 ees to drink one quart or more per hour. 25 2. Medical monitoring. Employers shall closely monitor temperatures 26 and implement their workplace heat stress plan. If an employee exhibits 27 signs or reports symptoms of heat illness while taking a preventative 28 break pursuant to subdivision four of this section, or at any other 29 time, the employer shall make a reasonable effort to provide the worker 30 with access to first aid or other treatment. 31 3. Access to shade. (a) With respect to outdoor sites, shade shall be 32 made available while employees are present when the temperature exceeds 33 eighty degrees Fahrenheit and shall be as close to the worksite as 34 reasonably possible. When the outdoor temperature in the work area 35 exceeds eighty degrees Fahrenheit, the employer shall have and maintain 36 one or more areas with shade at all times while employees are present 37 that are either open to the air or provided with ventilation or cooling. 38 The amount of shade present shall be at least enough to accommodate the 39 number of employees on preventative breaks, so that they can sit in a 40 normal posture fully in the shade with at least four square feet per 41 resting employee. 42 (b) Where the employer can demonstrate that it is infeasible or unsafe 43 to have a shade structure, or otherwise to have shade present on a 44 continuous basis, the employer may utilize alternative procedures for 45 providing access to shade if the alternative procedures provide equiv- 46 alent protection. 47 4. Preventative breaks. (a) Employees shall be allowed and encouraged 48 to take paid preventative breaks when they feel the onset of heat 49 illness. Employees shall notify their employer as soon as possible about 50 such onset and a preventative break shall be offered to such employees. 51 Such preventative break may include access to shade. An individual 52 employee who takes a preventative break: 53 (i) Shall be monitored and asked if they are experiencing symptoms of 54 heat illness; 55 (ii) Shall be encouraged to remain in the shade, where applicable 56 under subdivision three of this section; andA. 8935--A 4 1 (iii) Shall not be ordered back to work until any signs or symptoms of 2 heat illness have abated, but in no event, less than five minutes in 3 addition to the time needed to access shade where applicable. 4 (b) With respect to outdoor sites, where the temperature reaches or 5 exceeds ninety-five degrees Fahrenheit, the employer shall allow and 6 encourage employees to take a minimum ten minute preventative cool-down 7 rest period every two hours. 8 (c) Preventative breaks shall not affect any job quota set by employ- 9 ers; such quotas shall be adjusted to accommodate for preventative 10 breaks and no employee shall be faced with unlawful retaliation, pursu- 11 ant to section seven hundred forty-seven of this article, as a result of 12 diminished job quotas. 13 5. Personal protective equipment. Employers shall provide the neces- 14 sary protective equipment, gear, and uniforms to withstand temperatures 15 at or exceeding the heat stress thresholds to the extent practicable. 16 This may include, but is not limited to: 17 (a) Fans, if possible; 18 (b) Air-conditioning, which shall be mandated in all delivery vehicles 19 and warehouses in an industry identified in this article; and 20 (c) Anything additional deemed necessary by the department to combat 21 extreme heat. 22 6. Vehicle standards. Employees who spend more than sixty minutes in 23 workplace or employer provided vehicles each day or whose worksite is 24 considered an employer provided vehicle shall have adequate air-condi- 25 tioning available inside such vehicle. 26 § 745. Cold protection standards. The employer shall fulfill the 27 following requirements when employees are in an outdoor or indoor work- 28 site and experiencing conditions at or exceeding a cold stress thresh- 29 old: 30 1. Access to hydration. The employer shall provide access to potable 31 drinking water from a sanitary source and kept at sixty degrees or cool- 32 er at no cost to the employee. The water shall be located as close as 33 practicable to, but no more than a quarter mile from, the areas where 34 employees are working. Water shall be provided at the beginning of the 35 work shift to provide one quart per employee per hour for drinking for 36 the entire shift; provided, however, that an employer may begin the 37 shift with smaller quantities of water where such employer has effective 38 procedures for replenishment during the shift as needed to allow employ- 39 ees to drink one quart or more per hour. 40 2. Medical monitoring. Employers shall closely monitor temperatures 41 and implement their workplace cold stress plan. If an employee exhibits 42 signs or reports symptoms of cold illness while taking a preventative 43 break pursuant to subdivision four of this section, or at any other 44 time, the employer shall make a reasonable effort to provide the worker 45 with access to first aid or other treatment. 46 3. Access to warmth. (a) With respect to outdoor sites, a heated 47 indoor area shall be made available while employees are present when the 48 temperature is sixty degrees Fahrenheit or below. The temperature of 49 such heated indoor area shall fall between sixty-eight and seventy-five 50 degrees Fahrenheit and shall be as close to the worksite as reasonably 51 possible. The heated indoor area shall be at least large enough to 52 accommodate the number of employees on preventative breaks, so that they 53 can sit in a normal posture fully in the heated indoor area with at 54 least four square feet per resting employee. 55 (b) Where the employer can demonstrate that it is infeasible or unsafe 56 to have a heated indoor area, or otherwise to have a heated area avail-A. 8935--A 5 1 able on a continuous basis, the employer may utilize alternative proce- 2 dures for providing access to warmth if the alternative procedures 3 provide equivalent protection. 4 4. Preventative breaks. (a) Employees shall be allowed and encouraged 5 to take paid preventative breaks when they feel the onset of cold 6 illness. Employees shall notify their employer as soon as possible about 7 such onset and a preventative break shall be offered to such employees. 8 Such preventative break may include access to warmth. An individual 9 employee who takes a preventative break: 10 (i) Shall be monitored and asked if they are experiencing symptoms of 11 cold illness; 12 (ii) Shall be encouraged to remain in the warmth, where applicable 13 under subdivision three of this section; and 14 (iii) Shall not be ordered back to work until any signs or symptoms of 15 cold illness have abated, but in no event, less than five minutes in 16 addition to the time needed to access warmth where applicable. 17 (b) With respect to outdoor sites, where the temperature reaches below 18 twenty degrees Fahrenheit, the employer shall allow and encourage 19 employees to take a minimum ten minute preventative rest period every 20 two hours. 21 (c) Preventative breaks shall not affect any job quota set by employ- 22 ers; such quotas shall be adjusted to accommodate for preventative 23 breaks and no employee shall be faced with unlawful retaliation, pursu- 24 ant to section seven hundred forty-seven of this article, as a result of 25 diminished job quotas. 26 5. Personal protective equipment. Employers shall provide the neces- 27 sary protective equipment, gear, and uniforms to withstand temperatures 28 at or below the cold stress thresholds to the extent practicable. This 29 may include, but is not limited to: 30 (a) Heating systems, which shall be mandated in all delivery vehicles 31 and warehouses in an industry identified in this article; and 32 (b) Anything additional deemed necessary by the department to combat 33 extreme cold. 34 6. Vehicle standards. Employees who spend more than sixty minutes in 35 workplace or employer provided vehicles each day or whose worksite is 36 considered an employer provided vehicle shall have an adequate heating 37 system available inside such vehicle. 38 § 746. Education and training. 1. Training. The department shall 39 create a training curriculum outlining the signs of heat illness and the 40 available medical responses. Such training shall be administered by the 41 employer at time of hiring or the employee's training fund if a member 42 of organized labor. 43 2. Mandated signage and materials. The department shall promulgate 44 signage and educational materials that are required to be made available 45 to employees by their employer in the twelve most common languages 46 spoken in the state regarding the following: 47 (a) Signs of heat illness; 48 (b) Heat stress thresholds; 49 (c) Employer required protections from heat stress thresholds; 50 (d) Where employees can report an employer's lack of accommodation; 51 and 52 (e) Anything else deemed necessary by the department. 53 3. Unlawful retaliation. For the purposes of this article, there 54 shall be a rebuttable presumption of unlawful retaliation if an employer 55 in any manner discriminates, retaliates, or takes any adverse actionA. 8935--A 6 1 against any employee within ninety days of the employee initiating a 2 complaint pursuant to this article. 3 4. Outreach campaign. The department shall establish a statewide 4 outreach campaign to educate employees on the heat illness standards 5 established and ensure that employers are providing access to proper 6 signage and materials. 7 § 747. Enforcement. The department shall promulgate rules and regu- 8 lations to require the following: 9 1. Every employer in a covered industry shall collect and maintain 10 data and records as required by the department on all heat-related 11 illnesses and fatalities which occur at an outdoor or indoor worksite. 12 2. Every employer in a covered industry shall submit reports of the 13 data collected pursuant to subdivision one of this section annually to 14 the department and such reports shall be published by the department on 15 a searchable database. Employers shall make such reports available to 16 any employee or applicable labor organization upon request within ten 17 business days. An extreme heat-related fatality on a construction site 18 shall be deemed a work-related injury for the purposes of reporting 19 pursuant to section forty-four of this chapter. 20 3. Every employer in a covered industry shall submit for approval a 21 written plan on how heat-related stress will be mitigated to the depart- 22 ment. Once approved by the department, an employer shall provide such 23 plan to all employees and applicable labor organizations on an annual 24 basis. 25 4. Every employer in a covered industry shall be subject to fines for 26 not adhering to the mandatory reporting and enforcement protocols. 27 Employers shall be required to pay penalties of no less than fifty 28 dollars per day for failing to implement heat protection standards as 29 set forth in this article. The department shall administer notice and 30 collect all fines. 31 5. The department shall establish a worker hotline and an online form 32 where employees can file complaints with the department regarding heat 33 protection standards. 34 6. Any other reporting or enforcement protocols necessary to ensure 35 the protection of workers. 36 § 4. This act shall take effect on the ninetieth day after it shall 37 have become a law. Effective immediately, the addition, amendment and/or 38 repeal of any rule or regulation necessary for the implementation of 39 this act on its effective date are authorized to be made and completed 40 on or before such effective date.