Bill Text: NY S01604 | 2023-2024 | General Assembly | Amended
Bill Title: Provides for the regulation of indoor and outdoor worksites with temperature protection standards and education, training and reporting requirements to ensure that employers provide safe conditions for their employees.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced) 2024-01-30 - PRINT NUMBER 1604D [S01604 Detail]
Download: New_York-2023-S01604-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1604--D 2023-2024 Regular Sessions IN SENATE January 13, 2023 ___________ Introduced by Sens. RAMOS, BROUK, CHU, CLEARE, COMRIE, FERNANDEZ, GONZA- LEZ, HARCKHAM, MAY, MAYER, PARKER, SALAZAR, SCARCELLA-SPANTON, STAVI- SKY, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04582-17-4S. 1604--D 2 1 ARTICLE 20-D 2 TEMPERATURE REGULATION BY EMPLOYERS 3 Section 742. Scope. 4 743. Definitions. 5 744. Heat protection standards. 6 745. Cold protection standards. 7 746. Education and training. 8 747. Enforcement. 9 § 742. Scope. 1. The following covered industries will be held to the 10 standards in this article: 11 (a) Agriculture; 12 (b) Construction, unless the employer is party to a: (i) collective 13 bargaining agreement or (ii) project labor agreement with a bona fide 14 building and construction trades council; 15 (c) Landscaping; 16 (d) Car wash service; 17 (e) Commercial shipping; 18 (f) Food service; and 19 (g) Warehousing. 20 2. For the purposes of this article, outdoor worksites of the covered 21 industries in paragraphs (a), (b), (c), and (d) of subdivision one of 22 this section shall be subject to the provisions herein. For the purposes 23 of this article, indoor worksites of the covered industries in para- 24 graphs (e), (f), and (g) of subdivision one of this section shall be 25 subject to the provisions herein. 26 § 743. Definitions. For the purposes of this article, the following 27 terms shall have the following meanings: 28 1. "Employee" means any person within a covered industry providing 29 labor or services within the scope of this article for remuneration for 30 a public or private entity or business within the state, without regard 31 to an individual's immigration status, and shall include, but not be 32 limited to, part-time workers, independent contractors, day laborers, 33 farmworkers and other temporary and seasonal workers working in an 34 industry identified in this article. The term shall also include indi- 35 viduals working for staffing agencies, contractors or subcontractors on 36 behalf of the employer at any individual worksite, as well as any 37 individual delivering goods or transporting people at, to or from the 38 worksite on behalf of the employer, regardless of whether delivery or 39 transport is conducted by an individual or entity that would otherwise 40 be deemed an employer under this article, or any person holding a posi- 41 tion by appointment or employment in the service of a public employer 42 within the scope of this article. 43 2. "Employer" means any individual, partnership, association, corpo- 44 ration, limited liability company, business trust, legal representative, 45 public entity, or any organized group acting as employer within a 46 covered industry identified in this article. 47 3. "Indoor worksite" means any enclosed work vehicles and any space 48 between a floor and a ceiling bound on all sides by walls. A wall 49 includes any door, window, retractable divider, garage door, or other 50 physical barriers that is temporary or permanent, whether open or 51 closed. 52 4. "Outdoor worksite" means all employers with employees performing 53 work in an outdoor environment. The term outdoor worksite does not apply 54 to incidental exposure, which exists when an employee is required to 55 perform a work activity outdoors for not longer than fifteen minutes in 56 any sixty-minute period.S. 1604--D 3 1 5. "Heat stress threshold" means a heat stress threshold of eighty or 2 more degrees Fahrenheit. For the purposes of indoor temperature regu- 3 lated environments, the indoor temperature shall fall between sixty- 4 eight and seventy-five degrees Fahrenheit, to the extent practicable. 5 6. "Heat illness" means a serious medical condition resulting from the 6 body's inability to cope with extreme heat temperature stress thresh- 7 olds, and includes, but is not limited to, heat cramps, heat exhaustion, 8 heat syncope, and heat stroke. 9 7. "Cold stress threshold" means a threshold temperature of sixty 10 degrees Fahrenheit or below. For the purposes of indoor temperature 11 regulated environments, the indoor temperature shall fall between 12 sixty-eight and seventy-five degrees Fahrenheit, to the extent practica- 13 ble. 14 8. "Cold illness" means a serious medical condition resulting from the 15 body's inability to cope with extreme cold stress thresholds. 16 9. "Personal protective equipment" or "PPE" means the necessary 17 protective equipment, gear, and uniforms to withstand extreme heat at or 18 exceeding the heat stress thresholds. 19 § 744. Heat protection standards. The employer shall fulfill the 20 following requirements when employees are in an outdoor or indoor work- 21 site and experiencing conditions at or exceeding a heat stress thresh- 22 old: 23 1. Access to hydration. The employer shall provide access to potable 24 drinking water from a sanitary source and kept at sixty degrees or cool- 25 er at no cost to the employee. The water shall be located as close as 26 practicable to, but no more than a quarter mile from, the areas where 27 employees are working. Water shall be provided at the beginning of the 28 work shift to provide one quart per employee per hour for drinking for 29 the entire shift; provided, however, that an employer may begin the 30 shift with smaller quantities of water where such employer has effective 31 procedures for replenishment during the shift as needed to allow employ- 32 ees to drink one quart or more per hour. 33 2. Medical monitoring. Employers shall closely monitor temperatures 34 and implement their workplace heat stress plan. If an employee exhibits 35 signs or reports symptoms of heat illness while taking a preventative 36 break pursuant to subdivision four of this section, or at any other 37 time, the employer shall make a reasonable effort to provide the worker 38 with access to first aid or other treatment. 39 3. Access to shade. (a) With respect to outdoor sites, shade shall be 40 made available while employees are present when the temperature exceeds 41 eighty degrees Fahrenheit and shall be as close to the worksite as 42 reasonably possible. When the outdoor temperature in the work area 43 exceeds eighty degrees Fahrenheit, the employer shall have and maintain 44 one or more areas with shade at all times while employees are present 45 that are either open to the air or provided with ventilation or cooling. 46 The amount of shade present shall be at least enough to accommodate the 47 number of employees on preventative breaks, so that they can sit in a 48 normal posture fully in the shade with at least four square feet per 49 resting employee. 50 (b) Where the employer can demonstrate that it is infeasible or unsafe 51 to have a shade structure, or otherwise to have shade present on a 52 continuous basis, the employer may utilize alternative procedures for 53 providing access to shade if the alternative procedures provide equiv- 54 alent protection. 55 4. Preventative breaks. (a) Employees shall be allowed and encouraged 56 to take paid preventative breaks when they feel the onset of heatS. 1604--D 4 1 illness. Employees shall notify their employer as soon as possible about 2 such onset and a preventative break shall be offered to such employees. 3 Such preventative break may include access to shade. An individual 4 employee who takes a preventative break: 5 (i) Shall be monitored and asked if they are experiencing symptoms of 6 heat illness; 7 (ii) Shall be encouraged to remain in the shade, where applicable 8 under subdivision three of this section; and 9 (iii) Shall not be ordered back to work until any signs or symptoms of 10 heat illness have abated, but in no event, less than five minutes in 11 addition to the time needed to access shade where applicable. 12 (b) With respect to outdoor sites, where the temperature reaches or 13 exceeds ninety-five degrees Fahrenheit, the employer shall allow and 14 encourage employees to take a minimum ten minute preventative cool-down 15 rest period every two hours. 16 (c) Preventative breaks shall not affect any job quota set by employ- 17 ers; such quotas shall be adjusted to accommodate for preventative 18 breaks and no employee shall be faced with unlawful retaliation, pursu- 19 ant to section seven hundred forty-seven of this article, as a result of 20 diminished job quotas. 21 5. Personal protective equipment. Employers shall provide the neces- 22 sary protective equipment, gear, and uniforms to withstand temperatures 23 at or exceeding the heat stress thresholds to the extent practicable. 24 This may include, but is not limited to: 25 (a) Fans, if possible; 26 (b) Air-conditioning, which shall be mandated in all delivery vehicles 27 and warehouses in an industry identified in this article; and 28 (c) Anything additional deemed necessary by the department to combat 29 extreme heat. 30 6. Vehicle standards. Employees who spend more than sixty minutes in 31 workplace or employer provided vehicles each day or whose worksite is 32 considered an employer provided vehicle shall have adequate air-condi- 33 tioning available inside such vehicle. 34 § 745. Cold protection standards. The employer shall fulfill the 35 following requirements when employees are in an outdoor or indoor work- 36 site and experiencing conditions at or exceeding a cold stress thresh- 37 old: 38 1. Access to hydration. The employer shall provide access to potable 39 drinking water from a sanitary source and kept at sixty degrees or cool- 40 er at no cost to the employee. The water shall be located as close as 41 practicable to, but no more than a quarter mile from, the areas where 42 employees are working. Water shall be provided at the beginning of the 43 work shift to provide one quart per employee per hour for drinking for 44 the entire shift; provided, however, that an employer may begin the 45 shift with smaller quantities of water where such employer has effective 46 procedures for replenishment during the shift as needed to allow employ- 47 ees to drink one quart or more per hour. 48 2. Medical monitoring. Employers shall closely monitor temperatures 49 and implement their workplace cold stress plan. If an employee exhibits 50 signs or reports symptoms of cold illness while taking a preventative 51 break pursuant to subdivision four of this section, or at any other 52 time, the employer shall make a reasonable effort to provide the worker 53 with access to first aid or other treatment. 54 3. Access to warmth. (a) With respect to outdoor sites, a heated 55 indoor area shall be made available while employees are present when the 56 temperature is sixty degrees Fahrenheit or below. The temperature ofS. 1604--D 5 1 such heated indoor area shall fall between sixty-eight and seventy-five 2 degrees Fahrenheit and shall be as close to the worksite as reasonably 3 possible. The heated indoor area shall be at least large enough to 4 accommodate the number of employees on preventative breaks, so that they 5 can sit in a normal posture fully in the heated indoor area with at 6 least four square feet per resting employee. 7 (b) Where the employer can demonstrate that it is infeasible or unsafe 8 to have a heated indoor area, or otherwise to have a heated area avail- 9 able on a continuous basis, the employer may utilize alternative proce- 10 dures for providing access to warmth if the alternative procedures 11 provide equivalent protection. 12 4. Preventative breaks. (a) Employees shall be allowed and encouraged 13 to take paid preventative breaks when they feel the onset of cold 14 illness. Employees shall notify their employer as soon as possible about 15 such onset and a preventative break shall be offered to such employees. 16 Such preventative break may include access to warmth. An individual 17 employee who takes a preventative break: 18 (i) Shall be monitored and asked if they are experiencing symptoms of 19 cold illness; 20 (ii) Shall be encouraged to remain in the warmth, where applicable 21 under subdivision three of this section; and 22 (iii) Shall not be ordered back to work until any signs or symptoms of 23 cold illness have abated, but in no event, less than five minutes in 24 addition to the time needed to access warmth where applicable. 25 (b) With respect to outdoor sites, where the temperature reaches below 26 twenty degrees Fahrenheit, the employer shall allow and encourage 27 employees to take a minimum ten minute preventative rest period every 28 two hours. 29 (c) Preventative breaks shall not affect any job quota set by employ- 30 ers; such quotas shall be adjusted to accommodate for preventative 31 breaks and no employee shall be faced with unlawful retaliation, pursu- 32 ant to section seven hundred forty-seven of this article, as a result of 33 diminished job quotas. 34 5. Personal protective equipment. Employers shall provide the neces- 35 sary protective equipment, gear, and uniforms to withstand temperatures 36 at or below the cold stress thresholds to the extent practicable. This 37 may include, but is not limited to: 38 (a) Heating systems, which shall be mandated in all delivery vehicles 39 and warehouses in an industry identified in this article; and 40 (b) Anything additional deemed necessary by the department to combat 41 extreme cold. 42 6. Vehicle standards. Employees who spend more than sixty minutes in 43 workplace or employer provided vehicles each day or whose worksite is 44 considered an employer provided vehicle shall have an adequate heating 45 system available inside such vehicle. 46 § 746. Education and training. 1. Training. The department shall 47 create a training curriculum outlining the signs of heat illness and the 48 available medical responses. Such training shall be administered by the 49 employer at time of hiring or the employee's training fund if a member 50 of organized labor. 51 2. Mandated signage and materials. The department shall promulgate 52 signage and educational materials that are required to be made available 53 to employees by their employer in the twelve most common languages 54 spoken in the state regarding the following: 55 (a) Signs of heat illness; 56 (b) Heat stress thresholds;S. 1604--D 6 1 (c) Employer required protections from heat stress thresholds; 2 (d) Where employees can report an employer's lack of accommodation; 3 and 4 (e) Anything else deemed necessary by the department. 5 3. Unlawful retaliation. For the purposes of this article, there 6 shall be a rebuttable presumption of unlawful retaliation if an employer 7 in any manner discriminates, retaliates, or takes any adverse action 8 against any employee within ninety days of the employee initiating a 9 complaint pursuant to this article. 10 4. Outreach campaign. The department shall establish a statewide 11 outreach campaign to educate employees on the heat illness standards 12 established and ensure that employers are providing access to proper 13 signage and materials. 14 § 747. Enforcement. The department shall promulgate rules and regu- 15 lations to require the following: 16 1. Every employer in a covered industry shall collect and maintain 17 data and records as required by the department on all heat-related 18 illnesses and fatalities which occur at an outdoor or indoor worksite. 19 2. Every employer in a covered industry shall submit reports of the 20 data collected pursuant to subdivision one of this section annually to 21 the department and such reports shall be published by the department on 22 a searchable database. Employers shall make such reports available to 23 any employee or applicable labor organization upon request within ten 24 business days. An extreme heat-related fatality on a construction site 25 shall be deemed a work-related injury for the purposes of reporting 26 pursuant to section forty-four of this chapter. 27 3. Every employer in a covered industry shall submit for approval a 28 written plan on how heat-related stress will be mitigated to the depart- 29 ment. Once approved by the department, an employer shall provide such 30 plan to all employees and applicable labor organizations on an annual 31 basis. 32 4. Every employer in a covered industry shall be subject to fines for 33 not adhering to the mandatory reporting and enforcement protocols. 34 Employers shall be required to pay penalties of no less than fifty 35 dollars per day for failing to implement heat protection standards as 36 set forth in this article. The department shall administer notice and 37 collect all fines. 38 5. The department shall establish a worker hotline and an online form 39 where employees can file complaints with the department regarding heat 40 protection standards. 41 6. Any other reporting or enforcement protocols necessary to ensure 42 the protection of workers. 43 § 4. This act shall take effect on the ninetieth day after it shall 44 have become a law. Effective immediately, the addition, amendment and/or 45 repeal of any rule or regulation necessary for the implementation of 46 this act on its effective date are authorized to be made and completed 47 on or before such effective date.
