Bill Text: VA HB805 | 2021 | Regular Session | Prefiled
Bill Title: Employment health and safety standards; heat illness prevention.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-12-04 - Left in Labor and Commerce [HB805 Detail]
Download: Virginia-2021-HB805-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 40.1-44.2 as follows:
§40.1-44.2. Standards for heat illness prevention.
A. As used in this section:
"Acclimatization" means the gradual, temporary adaptation of the body to work in the heat when a person is exposed to heat.
"Environmental risk factors for heat illness" means working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing, and personal protective equipment worn by employees.
"Heat illness" means a serious medical condition resulting from the body's inability to cope with a particular heat load and includes heat cramps, heat exhaustion, heat syncope, and heat stroke.
"Heat wave" means any day in which the predicted high temperature for the day will be at least 80 degrees Fahrenheit and at least 10 degrees Fahrenheit higher than the average high daily temperature in the preceding five days.
"Landscaping" means providing landscape care and maintenance services or installing trees, shrubs, plants, lawns, or gardens, or providing these services in conjunction with the design of landscape plans. "Landscaping" includes the construction, installation, or maintenance of walkways, retaining walls, decks, fences, ponds, and similar structures.
"Oil and gas extraction" means operating or developing oil and gas field properties, exploring for crude petroleum or natural gas, mining or extracting of oil or gas, or recovering liquid hydrocarbons from oil or gas field gases.
"Personal risk factors for heat illness" means factors such as an individual's age, degree of acclimatization, health, water consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat.
"Potable water" means water that is suitable for drinking purposes found in Occupational Safety and Health Administration (OSHA) standard 29 C.F.R. 1910.141(a)(2).
"Rest period" means a cool-down period made available to an employee to prevent heat illness.
"Shade" means the complete blockage of direct sunlight that allows the body to cool. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and does not deter or discourage access or use.
B. The Safety and Health Codes Board shall adopt regulations establishing reasonable standards as provided in this section that are designed to protect employees from heat illness while engaged in outdoor work. This section applies to the control of risk of occurrence of heat illness. These standards shall apply to all indoor and outdoor places of employment, and to all employers that come within the auspices of the Virginia Occupational Safety and Health (VOSH) Program, except that only employers engaged in the following industries shall be required to comply with the standards established pursuant to subsection E:
1. Agriculture;
2. Construction;
3. Landscaping;
4. Oil and gas extraction; or
5. Transportation or delivery of agricultural products, construction materials, or other heavy materials, including furniture, lumber, freight, cargo, cabinets, and industrial or commercial materials, except for employment that consists of operating an air-conditioned vehicle and does not include loading or unloading.
C. Such standards shall require each employer to provide water as follows:
1. Employees shall be given access, at no cost to themselves, to drinking water in quantities sufficient to maintain adequate levels of hydration at varying levels of heat, using a baseline of one cup of cool water per 15 to 20 minutes, as well as electrolytes if employees are sweating for more than two hours.
2. The water shall be located as close as practicable to the areas where employees are working.
3. Employers may begin the shift with smaller quantities of water if effective procedures are established for replenishment during the shift as needed.
4. The water provided shall be filtered, fresh, pure, suitably cool, and shall be provided to employees free of charge.
5. The frequent drinking of water, as described in subdivision I 1 c (3), shall be encouraged.
6. The water shall be located as close as practicable to the areas where employees are working and shall not in any event be farther than 400 feet walking distance from an employee's work area.
D. Such standards shall require each employer to provide access to shade or climate controlled environment as follows:
1. When the temperature in the work area exceeds 80 degrees Fahrenheit, the employer shall ensure there are one or more areas with shade or climate-controlled environment provided and maintained at all times while employees are present that are either open to the air or provided with ventilation or cooling. The amount of shade or climate-controlled environment provided shall be at least enough to accommodate the number of employees on rest periods so that they can sit in a normal posture fully in the shade or climate-controlled environment without having to be in physical contact with each other. The shade or climate-controlled environment shall be located as close as practicable to the areas where employees are working. Subject to the same specifications, the amount of shade or climate-controlled environment present during meal periods shall be at least enough to accommodate the number of employees on the meal period who remain onsite.
2. When the temperature in the work area does not exceed 80 degrees Fahrenheit, employers shall either provide shade or a climate-controlled environment in accordance with subdivision 1 or provide timely access to shade or a climate-controlled environment upon an employee's request.
3. Employees shall always be allowed and encouraged to take a cool-down rest period in the shade or climate-controlled environment for preventative measures, including but not limited to protecting themselves from overheating. An individual employee who takes a preventative cool-down rest (i) shall be asked if he or she is experiencing symptoms of heat illness; (ii) shall be encouraged to remain in the shade or climate-controlled environment; 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 the shade or climate-controlled environment.
4. Notwithstanding the provisions of subdivisions 1 and 2, except for employers in the agricultural industry, cooling measures other than shade or climate-controlled environment, including the use of misting machines, may be provided in lieu of shade if the employer is able to demonstrate that these measures are at least as effective as shade in allowing employees to be cooled.
E. Such standards shall require each employer, when the temperature equals or exceeds 90 degrees Fahrenheit, to implement high-heat procedures that:
1. Ensure that employees are able to contact their supervisor by any effective communication vehicle when necessary.
2. Require effectively observing and monitoring employees for signs or symptoms of heat illness by implementing two or more of the following:
a. Supervisor or designee observation of 20 or fewer employees;
b. Mandatory buddy system;
c. Regular communication with sole employee such as by radio or cellphone; or
d. Other effective means of observation.
3. Designate one or more employees on each worksite as authorized to call for emergency medical services, and if no designated employees are available, allowing other employees to call on their behalf.
4. Require reminding employees throughout the work shift to stay properly hydrated.
5. For employees employed in agriculture, conduct pre-shift meetings before the commencement of work to review the high heat procedures, encourage employees to drink plenty of water, and remind employees of their right to take a cool-down rest when necessary.
F. Such standards shall require each employer to provide rest periods as follows:
1. An employer shall provide rest periods away from the hot environment that should range in duration from 15 to 45 minutes per hour, depending on the workplace temperature and worker activity level. At certain wet bulb globe temperatures, work must be stopped entirely.
2. If an employer fails to provide a rest period in accordance with this subsection, the employer shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that a required rest period is not provided.
G. Such standards shall require each employer to implement effective emergency response procedures pursuant to which the employer shall:
1. Ensure that effective communication by voice, observation, or electronic means is maintained so that employees at the worksite can contact a supervisor or emergency medical services when necessary. An electronic device, such as a cellphone or text messaging device, may be used for this purpose only if reception in the area is reliable.
2. Respond to signs and symptoms of possible heat illness if a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee. The supervisor shall take immediate action commensurate with the severity of the illness, including but not limited to first aid measures and how emergency medical services will be provided. If they are the employee is exhibiting signs of symptoms severe enough to indicate heat illness, the employee shall not be sent home without being offered onsite first aid or provided with emergency medical services.
H. Such standards shall require that all employees who commence employment in high-heat environments, or who will be working in hotter conditions than usual such as during a heat wave, be gradually acclimatized to the work over a period of between seven and 14 days.
I. Such standards shall require each employer to provide effective training that is:
1. For employees:
a. In a language the supervisor or employee understands;
b. Provided to each supervisor and non-supervisory employee before the employee begins work that may reasonably result in exposure to the risk of heat illness; and
c. On the following topics:
(1) The environmental and personal risk factors that contribute to or may increase the susceptibility to heat-related illness, including, but not limited to, medical conditions, water consumption, alcohol use, use of medications that affect the body's response to the heat, and burden caused by personal protective equipment;
(2) The employer's procedures for complying with the requirements of this standard, including the employer's responsibility to provide water, shade or climate controlled environment, cool-down rests, and access to first aid as well as the employees' right to exercise their rights under this standard without retaliation;
(3) The importance of frequent consumption of water, up to four cups per hour, when the work environment is above 80 degrees and employees are likely sweating more than usual;
(4) The importance of acclimatization;
(5) The different types of heat illness, the common signs and symptoms of heat illness, and appropriate first aid and emergency responses to the different types of heat illness;
(6) The importance of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves, or in coworkers; and
(7) The employer's procedures for responding to signs or symptoms of possible heat illness, including how emergency medical services will be contacted and provided should they become necessary; and
2. For supervisors:
a. Provided to supervisors prior to supervising employees performing work that may reasonably result in exposure to the risk of heat illness; and
b. On the following topics:
(1) The topics required to be provided to employees listed in subdivision 1 c;
(2) The procedures the supervisor is required to follow to implement the applicable provisions in this section;
(3) The procedures the supervisor is require to follow when an employee exhibits signs or reports symptoms consistent with possible heat illness, including emergency response procedures; and
(4) The procedures for moving or transporting an employee to a place where the employee can be reached by an emergency medical service provider, if necessary.
J. The standards established pursuant to this section shall take into consideration the NIOSH Criteria for a Recommended Standard: Occupational Exposure to Heat and Hot Environments published by the National Institute for Occupational Safety and Health in 2016.
K. The rules and regulations adopted by the Safety and Health Codes Board pursuant to this section shall be enforced as specified in §§40.1-49.3 through 40.1-49.7.
L. It is a violation of §40.1-51.2:1 to discharge or discriminate in any other manner against employees for exercising their rights under this or any other provision offering occupational safety and health protection to employees.
M. A person may bring in an appropriate court of the Commonwealth (i) an action based on a violation of this section or the regulations hereunder to enjoin such a violation, (ii) an action to recover actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or (iii) both such actions.
