working conditions; temperatures; employers; definitions

HB2684 - 572R - I Ver

REFERENCE TITLE:
working conditions; temperatures; employers; definitions

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2684

Introduced by

Representatives
Hernandez A: Aguilar, Austin, Cavero, Contreras L, Contreras P, Gutierrez,
Hernandez C, Hernandez L, Liguori, Luna-N�jera, Travers;� Senator Gonzales

AN
ACT

amending title 23, chapter 2, article 1,
Arizona Revised Statutes, by adding section 23-207; relating to
employment practices.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 23, chapter 2, article 1,
Arizona Revised Statutes, is amended by adding section 23-207, to read:

START_STATUTE
23-207.

Employer requirements; heat-related illnesses; cold-related
illnesses; employer procedures; education and training; communication;
definitions

A. When an employee is in an indoor
worksite or an outdoor worksite and the employee experiences conditions at or
exceeding a heat stress threshold of eighty degrees fahrenheit or more, the
employer shall develop a written program to mitigate heat-related
illnesses and injuries that may be experienced by an employee, which shall
comply with all of the following:

1. Provide information on external
factors that increase the likelihood of a heat-related illness, including
increased metabolic workloads, radiant and conductive heat sources, increased
humidity, decreased air movement and wearing of personal protective equipment.

2. include work processes that
decrease the likelihood of a heat-related illness.

3. Include education and training
information as prescribed in subsection W of this section.

4. Include information on how to read
a thermometer.� An employer shall display a working thermometer for every
indoor worksite, outdoor worksite and vehicle worksite.

5. Include Information on how to use
and where to locate personal protective equipment. An employer shall
identify and implement engineering controls and administrative controls before
relying on personal protective EQUIPMENT.

6. Include any Emergency response
plan, procedure and relevant worksite contacts in case of an emergency.

7. Be updated at least annually, when
working conditions change or when a heat-related illness occurs.

B. An
employer shall provide access to free drinking water that is located as close
as practicable to an employee's worksite.� If drinking water is not plumbed or
otherwise continuously supplied, the drinking water shall be provided in
sufficient quantity at the beginning of a shift, which is a minimum of one
quart of drinking water per hour, per employee.� An employer shall encourage
frequent drinking of water.

C. An
employer shall require and encourage preventative cool-down rests of not less
than ten minutes, in addition to the time that is needed to access a cool-down
area. A cool-down area may be in the shade for an outdoor worksite or in an
indoor breakroom for an indoor worksite.� An employer shall comply with all of
the following:

1. Ask an
employee about signs or symptoms of a heat-related illness and encourage
the employee to remain in a cool-down area until any signs of symptoms of a
heat-related illness have been abated.

2. Not order
the employee back to work if the employee displays signs or symptoms of a heat-related
illness.

3. As
applicable, provide a preventative cool-down rest period concurrently with any
other meal or rest period that is required by policy, rule or law.� If the
preventative cool-down rest period coincides with an existing unpaid meal
break, the preventative cool-down rest period is a work assignment and shall be
compensated.

D.
An
employer shall closely monitor temperatures by using a globe thermometer and
shall implement a workplace heat stress plan when temperatures are more than
eighty degrees Fahrenheit.� The globe thermometer may not be shielded from
direct exposure to radiant heat while the globe thermometer is being measured.
If an employee shows signs or reports symptoms of a heat-related illness,
the employer shall immediately provide appropriate first aid or emergency
response.

E. An
employer shall allow an employee to work in the shade, as applicable, and shall
provide an employee with access to shade:

1. As close to the worksite as
possible while employees are present:

(
a
) If the
temperature is more than eighty degrees Fahrenheit.

(
b
) On request
of an employee when the temperature is not more than eighty degrees Fahrenheit.

2. To accommodate the number of
employees on recovery or rest periods with at least four square feet per
resting employee.

3. That is not more than the
temperature of the worksite.

F. An employer shall provide
necessary personal protective EQUIPMENT at no cost to an employee.� If
engineering controls and administrative controls are not sufficient to reduce
and maintain the temperature and heat index to below eighty-seven degrees
fahrenheit, an employee shall use personal protective equipment unless the
employer demonstrates that the use of personal protective equipment is not
feasible.

G. An employee who spends more than
sixty minutes in vehicles each day or whose worksite is considered a vehicle
shall have adequate air conditioning that is available inside the vehicle and
that is MAINTAINED according to the manufacturer's instructions to keep
temperatures less than eighty degrees Fahrenheit.

H. An employer shall provide time for
new and returning employees to acclimatize to a heat temperature, as follows:

1. An employee may not be exposed to
more than twenty percent of the usual duration of work in a hot ENVIRONMENT on
day one and not more than a twenty percent increase each day for seven to
fourteen consecutive days If an employee is newly assigned to a heat worksite.

2. If an employee has been absent
from a heat worksite for more than seven days, the employee may only work
twenty percent of the employee's normal duration on the first day and gradually
increase work duration over a two-week period.

I. An employer shall implement high
heat procedures when the temperature is ninety degrees fahrenheit or more or
when a heat wave is experienced.� During a heat wave:

1. An employer shall ensure that the
employee takes a minimum ten-minute net preventative cool-down rest
period every two hours.� If the preventative cool-down rest period coincides
with an existing unpaid meal break, the preventative cool-down rest period is a
work assignment and shall be compensated.

2. WHEN the temperature equals or
exceeds one hundred degrees Fahrenheit, an employer shall ensure that an
employee takes a minimum ten-minute net preventative cool-down rest
period every hour.�
If the preventative cool-down rest
period coincides with an existing unpaid meal break, the preventative cool-down
rest period is a work assignment and shall be compensated.

3. An employer shall ensure that an
employee is closely monitored during the heat wave by either personally
observing the employee or through a designee.

J. An employer shall develop a
written program for WHEN an employee is in an indoor worksite or an outdoor
worksite and the employee experiences conditions of sixty degrees fahrenheit or
less.� The written program must be updated at least annually, mitigate cold-related
illnesses and injuries experienced by an employee and include all of the
following:

1. How to identify and incorporate
work processes and external factors that would decrease the likelihood of a
cold-related illness.

2. Information on cold-related
illness prevention and how to recognize and report cold-related
illnesses.

3. The location of warm liquids and
warm areas for use during break periods.

4. Information to Ensure access to
wind personal protective equipment based on the wind speed.

5. Education and training on how to
prevent a cold-related illness or injury.

6. Information on any emergency
response plan, procedure and relevant worksite contact information in case of
an emergency.

7. Information on how to access
prompt medical attention for an employee who shows signs of a cold-related
illness or injury.

8. Schedules that are designed to
reduce the time an employee will spend in a cold ENVIRONMENT and to reduce the
physical demands during cold exposure.

9. Information on medical monitoring
to ensure an employee's health and protection.

K. An employer shall provide and
display a thermometer for employee use at all worksites to monitor the
temperature indoors, outdoors and in vehicles.

L. An employer shall identify and
implement engineering controls and administrative controls before relying on
personal protective equipment.

M. An employer shall provide access
to free drinking water that is located as close as practicable to an employee's
worksite.� If drinking water is not plumbed or otherwise continuously supplied,
the drinking water shall be provided in sufficient quantity at the beginning of
a shift, which is a minimum of one quart of drinking water per hour, per
employee.� An employer shall encourage frequent drinking of water.

N. An employer shall require and
encourage preventative breaks at the duration of not less than ten minutes, in
addition to the time needed to access the warm-up area for an outdoor worksite
or a warm breakroom for an indoor worksite.� An employer shall comply with all
of the following:

1. Ask an employee about signs or
symptoms of a cold-related illness and encourage the employee to remain
in a warm-up area until any signs of symptoms of a cold-related illness
has been abated.

2. Not order the employee back to
work if the employee displays signs or symptoms of a cold-related
illness.

3. As applicable, provide a
preventative warm-up rest concurrently with any other meal or rest period
required by policy, rule or law.� If the warm-up rest period coincides with an
existing unpaid meal break, the warm-up rest period is a work assignment and
shall be compensated.

O. An employer shall closely monitor
temperatures and implement a workplace cold stress plan when temperatures are
below sixty degrees Fahrenheit. If an employee shows signs or
reports symptoms of a cold-related illness, the employer shall
immediately provide appropriate first aid or emergency response.

P. An employer shall provide a warm
location for breaks that shall be made available when the temperature is below
sixty degrees Fahrenheit.� When the outdoor temperature in the worksite is
below sixty degrees Fahrenheit, the employer shall have and maintain one or
more areas with adequate warmth at all times while employees are present.� 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 each resting employee.� The rest location shall be located as close as
practicable to the areas where employees are working.

Q. When the outdoor temperature in
the worksite is below sixty degrees Fahrenheit, an employer shall provide
warmth pursuant to subsection P of this section or provide timely access on an
employee's request. An employee shall be allowed and encouraged to
take a preventative warm-up rest break when the employee feels the need to do
so to protect against cold stress.

R. An employer shall provide
necessary personal protective EQUIPMENT at no cost to an employee that includes
clothing to ensure the ears, face, hands and feet are protected during a cold
wave.� An employer shall take into account any risk factors related to
increased heat due to wearing personal protective equipment even in cold
temperatures.

S. An employee who spends more than
sixty minutes in vehicles each day or whose worksite is considered a vehicle
shall have adequate heating that is available inside the vehicle and that is
maintained according to the manufacturer's instructions to keep temperatures
above sixty degrees fahrenheit.

T. An employer shall ensure that if
an employee's skin, clothing or personal protective equipment gets wet, the
employee is immediately removed form the worksite and taken to a warm-up area
to have the wet clothing or personal protective equipment removed and may not
return to work until the wet items have been replaced.

U. An employer shall communicate with
an employee in the following manner:

1. By voice, observation or
electronic means.� A cell phone or text messaging device may be used only if
reception in the area is reliable.

2. By Observing an employee for
alertness and signs or symptoms of a cold-related illness.� An employer
shall effectively observe and monitor an employee by implementing one or more
of the following:

(
a
) A mandatory
buddy system.

(
b
) Direct
observation by a supervisor or designee of twenty or fewer employees.

(
c
) Regular
communication with an employee by radio, cell phone or other equally effective
means.

V. An employer shall implement
effective emergency response procedures when an employee experiences any stage
of a heat-related illness or a cold-related illness that includes
all of the following:

1. clear and precise directions to
worksite locations for transient, field and solo employees.

2. Current on-site emergency contact
information for employees and supervisors with directions on how to EFFECTIVELY
communicate with off-site supervisors and emergency medical personnel.

3. Clear directions for supervisor to
take immediate action if a supervisor observes or an employee reports any signs
or symptoms of a heat-related illness or cold-related illness.

4. Current contact information for
emergency medical services.

5. Clear direction on how to
transport an employee to a place where the employee can be reached by emergency
medical PERSONNEL.

6. Clear direction on how to
administer FIRST AID at the worksite and how to safely remove an employee from
a worksite due to a heat-related illness or a cold-related
illness. If the employee experiences a heat-related illness or
a cold-related illness while at the worksite, the employee is on duty and
shall be fully compensated.

W. An employer shall provide a free,
effective training program to an employee that shall be administered by the
employer at the time of hire for new employees and every year for current
employees and supervisors.� The training materials shall include appropriate
content and vocabulary to communicate effectively with the educational level,
literacy and LANGUAGE of an employee.� The training must provide an opportunity
for interactive questions and answers with a person who is knowledgeable in the
subject matter as it relates to the workplace that the training addresses and
who is also knowledgeable in the employer's procedures.� A refresher training
shall be provided as needed.� To increase the effectiveness of the trainings,
an employer may repeat the training or hold short meetings before each workday,
as necessary.� Retraining sessions are required when a cold wave or heat wave
occurs or if there is an anticipated cold wave or heat wave.� An employer shall
make copies of the training materials and make the materials available to
employees, government officials and representatives of the an employee within
one business day on request at no cost.� An employer shall provide a free,
effective training program to an employee during working hours that includes at
a minimum:

1. Information on the risk factors,
signs and symptoms of cold stress, heat stress, heat-related illnesses
and cold-related illnesses that includes necessary medical responses.

2. Information on indoor temperature stress
thresholds and outdoor temperature stress thresholds, including that In indoor
temperature-regulated ENVIRONMENTS that include offices and schools, the
indoor temperature must fall between sixty-eight and one-half to
seventy degrees fahrenheit when the outdoor temperature is less than fifty-five
degrees fahrenheit.� If the outdoor temperature is greater than eighty-five
degrees fahrenheit, the indoor temperature must fall between seventy-five
and eighty and one-half degrees fahrenheit.

3. Information on how to monitor the
temperature and humidity conditions and how workers can participate in the
monitoring process that includes procedures and appropriate contact information
for when temperature conditions change.

4. Appropriate engineering control
measures and administrative control measures for temperatures and humidity,
including the importance of rest breaks.

5. The purpose, importance and
methods of acclimatization pursuant to the employer's procedures.

6. Instruction on the types of
personal protective equipment, including hats, gloves, winter coats, cooling
rags, ice vest, sunscreen and other similar products.

7. Information on the additional
physiological burden that is caused by using personal protective EQUIPMENT and
how an employer will factor this additional burden into a worker heat load that
includes methods for proper donning and doffing personal protective equipment.

8. Information for medical monitoring
provisions and employee access to records.

9. Information on Emergency response
procedures, including communication procedures and appropriate contacts for
employees and supervisors during each step of a response.

10. Procedures for employees and
supervisors to report acute and delayed onset symptoms of a heat-related
illness or a cold-related illness and that any reporting is free from
retaliation.

X. An employer shall:

1. Collect and maintain data and
records as required on all temperature-related illnesses and fatalities
that occur at an outdoor worksite or an indoor worksite.

2. Make reports available for free to
any employee, GOVERNMENT office or representative of an employee within one
business day on request.

3. Be subject to fines for not
adhering to the mandatory recordkeeping and written program protocols.

Y. An employer shall develop a clear
system and appropriate points of contact for workers to report hazardous
working conditions and heat-related illnesses or cold-related
illnesses. An employer is considered in violation of this section if an
employee is retaliated or discriminated against for raising concerns and
reporting incidents of illness or injury.

Z. This section applies to an
employee regardless of the employee's immigration status.

AA. For the purposes of this section:

1. "Acclimatization",
"acclimatizing" or "acclimatize" means the temporary
physiological adaptation of the body to work in hot environments that occurs
gradually.

2. "Administrative
control":

(
a
) Means a
method to limit exposure to a hazard by adjustment of work procedures,
practices or schedules.

(
b
) Includes
any of the following:

(
i
) Acclimatizing
employees.

(
ii
) Rotating
employees.

(
iii
) Scheduling
work earlier or later in the day.

(
iv
) ORGANIZING
work locations and tasks at certain times of the day to avoid direct sunlight.

(
v
) Using work
and rest schedules.

(
vi
) Reducing
work intensity or speed.

(
vii
) Reducing
work hours.

(
viii
) Changing
required work clothing.

3. "Cold-related
illness":

(
a
) Means a
serious medical condition resulting from the body's inability to cope with cold
temperatures.

(
b
) Includes
any of the following:

(
i
) Trench
foot.

(
ii
) Frostbite.

(
iii
) Hypothermia.

(
iv
) Chilblains.

4. "Cold wave" means any
day in which there is a rapid fall in temperature within a twenty-four-hour
period that requires substantially increased protection to agriculture,
industry, commerce and social activities.

5. "Cool-down area":

(
a
) Means an
indoor or outdoor area that is blocked from direct sunlight and shielded from
other high radiant heat sources and is either open to the air or provided with
ventilation or cooling.� For the purposes of this subdivision, block from direct
sunlight occurs when objects do not cast a shadow in the area of blocked
sunlight.

(
b
) Does not
include a location where:

(
i
) ENVIRONMENTAL
risk factors defeat the purpose of allowing the body to cool.

(
ii
) Employees
are exposed to unsafe or unhealthy conditions.

(
iii
) Employees
are deterred or discouraged from accessing or using the cool-down area.

6. "Drinking water":

(
a
) Means
fresh, pure, cool, potable water that is provided free of charge to employees.

(
b
) Includes
electrolyte replenishing beverages that do not contain caffeine.

7. "Employee":

(
a
) Means An
individual who provided labor or services within the scope of this article for
payment from a private entity or business that is located in this state.

(
b
) Includes:

(
i
) private
sector workers.

(
ii
) Public
sector workers.

(
iii
) part-time
workers.

(
iv
) independent
contractors.

(
v
) Day
laborers.

(
vi
) Farmworkers.

(
vii
) Any other
temporary and seasonal worker.

(
viii
) Staffing
agency employees.

(
ix
) Contractors
or subcontractors that are employed on behalf of an employer at any worksite.

(
x
) Individuals
who deliver goods or transport employees at, to or from a worksite on behalf of
an employer, regardless of whether delivery or transport is conducted by an
individual or entity that would otherwise be deemed an employer under this
article.

8. "Employer" means any of
the following:

(
a
) An
individual.

(
b
) A
partnership.

(
c
) An
association.

(
d
) A
corporation.

(
e
) A limited
liability company.

(
f
) A business
trust.

(
g
) A legal
representative.

(
h
) A public
entity.

(
i
) Any
organized group that acts as an employer within the scope of this section.

9. "Engineering controls":

(
a
) Means the
use of substitution, isolation, ventilation and equipment modification to
reduce exposure to a heat-related illness that is related to workplace
hazards and job tasks.

(
b
) Includes
any of the following:

(
i
) Isolation
from hot processes.

(
ii
) Isolation
of employees from sources of heat.

(
iii
) Air
conditioning.

(
iv
) Cooling
fans.

(
v
) Cooling
mist fans.

(
vi
) Evaporative
coolers or swamp coolers.

(
vii
) Natural
ventilation where the outdoor temperature and heat index is lower than the
indoor temperature and heat index.

(
viii
) Local
exhaust ventilation.

(
ix
) Shield
from radiant heat source.

(
x
) insulation
from hot surfaces.

10. "Heat-related
illness":

(
a
) Means a
serious medical condition that results from the body's inability to cope with a
particular heat load.

(
b
) Includes
any of the following:

(
i
) Heat
cramps.

(
ii
) Heat
exhaustion.

(
iii
) Heat
syncope.

(
iv
) Heat
stroke.

11. "Heat wave" means any
day in which the predicted high temperature for the day will be at least ten degrees
Fahrenheit higher than the average high daily temperature in the preceding five
days.

12. "Indoor temperature stress
threshold" means a temperature of more than eighty degrees fahrenheit or
less than sixty degrees fahrenheit.

13. "Indoor worksite":

(
a
) Means any
enclosed work vehicles and any space between a floor and a ceiling that is
bound on all sides.

(
b
) Does not
include an outdoor worksite as defined in paragraph 4 of this section.

14. "Outdoor Temperature Stress
Threshold" means a temperature of more than eighty degrees fahrenheit or
less than sixty degrees fahrenheit.

15. "Outdoor worksite":

(
a
) Means an
employer that employes employees to perform work in an outdoor ENVIRONMENT.

(
b
) Includes
any of the following locations:

(
i
) Sheds.

(
ii
) Tents.

(
iii
) Greenhouses.

(
iv
) Other
structures where work activities are conducted inside and the temperature is
not managed by devices that reduce heat or cold exposure or aid in heating or
cooling, such as an air conditioning system, heaters, fans or humidifiers.

(
c
) Does not
include incidental exposure when an employee is required to perform a work
activity outdoors for not more than fifteen minutes within a sixty-minute
period.

16. "personal protective
equipment" means the protective gear, uniforms and clothing to withstand
temperatures at or exceeding the stress thresholds.

17. "Preventative cool-down
rest" means a rest taken in a cool-down area to prevent overheating.

18. "Temperature" means the
temperature that is measured by a globe thermometer, which is a type of
apparent temperature used to estimate the effect of any of the following:

(
a
) The
temperature.

(
b
) the
humidity.

(
c
) The wind
speed.

(
d
) The wind
chill.

(
e
) Any visible
and infrared radiation.
END_STATUTE