working conditions; heat illness; prevention

HB2928 - 572R - I Ver

REFERENCE TITLE:
working conditions; heat illness; prevention

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2928

Introduced by

Representatives
Sandoval: Abeytia, Aguilar, Austin, Cavero, Connolly, Contreras L, Contreras
P, Crews, Garcia, Liguori, Luna-N�jera, M�rquez, Peshlakai, Simacek, Stahl
Hamilton, Tsosie, Villegas;� Senators Epstein, Gabald�n, Gonzales, Hatathlie,
Miranda, Ortiz, Sundareshan

AN
ACT

amending title 23, chapter 2, article 1,
Arizona Revised Statutes, by adding section 23-207; amending section 23-405,
Arizona Revised Statutes; relating to working conditions.

(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.

Heat illness prevention; private right of action; rules;
definitions

A. The industrial commission of
Arizona shall adopt rules establishing standards for every industry that may be
affected by heat illness as provided in this section that are designed to
protect employees from heat illness while engaged in indoor and outdoor
work. These standards apply to all indoor and outdoor places of
employment and to all employers that fall within the jurisdiction of the
division of occupational safety and health.� All temperatures shall be measured
by using a wet globe bulb thermometer.� The commission shall create specific
standards for the following industries:

1. Agriculture.

2. Construction.

3. Landscaping.

4. Oil and gas extraction.

5. Airport workers.

6. Mail and package delivery workers.

7. 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 that does not include loading or unloading.

B. Standards adopted pursuant to this
section must require each employer to provide potable water and access to
facilities as follows:

1. An employer shall provide
employees, at no cost to the employees, access to drinking water with ice in
quantities sufficient to maintain adequate levels of hydration at varying
levels of heat, using a baseline of one cup of cool water per fifteen to twenty
minutes, as well as electrolytes if employees Have been working for over an
hour in conditions at or above eighty degrees fahrenheit. If
employees are working in conditions at or above ninety-five degrees
Fahrenheit, extra water breaks and rest breaks shall be provided as needed.

2. The
water with ice and access to a restroom must be located as close as practicable
to the areas where employees are working and may not be farther than four
hundred feet walking distance from an employee's work area.

3. Employers may begin the shift with
smaller quantities of water with ice that are replenished during the shift as
needed.

4. The employer shall provide water
with ice that is suitably cool and potable and shall provide the water with ice
to employees free of charge.

5. The employer shall encourage the
frequent drinking of water as described in subsection H, paragraph 3,
subdivision (
c
).

C. Standards adopted pursuant to this
section shall require each employer to provide access to shade or a climate-controlled
environment as follows:

1. When the temperature in the work
area is more than eighty degrees Fahrenheit, the employer shall provide and
maintain at all times while employees are present one or more areas with shade
or a climate-controlled environment 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 paid 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 on-site.

2. When the temperature in the work
area is not more than eighty degrees Fahrenheit during daylight hours,
employers shall provide either shade or a climate-controlled environment
in accordance with paragraph 1 of this subsection or provide access to shade or
a climate-controlled environment on an employee's request.

3. An employer shall allow and
encourage employees to take a paid cool-down rest period in the shade or
climate-controlled environment for preventative measures.� An employer shall
comply with all of the following when an employee takes a preventative, paid
cool-down rest period pursuant to this paragraph:

(
a
) The
employer shall ask if the employee is experiencing symptoms of heat illness.

(
b
) The
employer shall encourage the employee to remain in the shade or
climate-controlled environment.

(
c
) The
employer may not order the employee back to work until any signs or symptoms of
heat illness have abated, but not less than five minutes in addition to the
time needed to access the shade or climate-controlled environment.

4. When the temperature is more than
eighty degrees Fahrenheit in a vehicle that is idle or not producing air
conditioning.

5. When the employee is working in an
attic, the employee must have access to cool air and sufficient breaks.

D. Standards adopted pursuant to this
section shall require each employer to implement high-heat procedures
that do all of the following when the temperature equals or exceeds eighty
degrees Fahrenheit:

1. Ensure that employees are able to
contact their supervisor by any method of effective communication when
necessary.

2. Require an employer to effectively
observe and monitor employees for signs or symptoms of heat illness by
implementing two or more of the following policies:

(
a
) A
requirement that there be at least one supervisor or supervisor's designee
responsible for observing and monitoring each group of twenty or fewer
employees.

(
b
) A mandatory
buddy system.

(
c
) Communication
with an employee, such as by radio or cellphone, multiple times per shift.

(
d
) Other
effective means of observation.

3. Designate one or more employees on
each worksite who are authorized to call for emergency medical services, and if
no designated employees are available, allow 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, require preshift meetings before the beginning of each work shift
to review the high-heat procedures, encourage employees to drink plenty
of water and remind employees of their right to take a paid cool-down rest
period when necessary.

E. Standards adopted pursuant to this
section shall require each employer to provide paid rest periods that range in
duration from fifteen to forty-five minutes per hour, depending on the
workplace temperature and worker activity level.

F. Standards adopted pursuant to this
section shall require each employer to implement effective emergency response
procedures pursuant to which the employer shall both:

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 first
aid measures and contacting emergency medical services. If the
employee exhibits signs or symptoms severe enough to indicate heat illness, the
employee may not be sent home without being offered on-site first aid or
provided with emergency medical services.

G. Standards
adopted pursuant to this section shall require that all employees who begin
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 fourteen days.

H. Standards adopted pursuant to this
section shall require each employer to provide effective training to employees
and supervisors that meets all of the following requirements:

1. Is in a language that the employee
or supervisor understands.

2. Is provided to each supervisor
before supervising employees performing work that may reasonably result in
exposure to the risk of heat illness and to each nonsupervisory employee before
the employee begins work that may reasonably result in exposure to the risk of
heat illness.

3. Covers all of the following
topics:

(
a
) The
environmental risk factors for heat illness and personal risk factors for heat
illness, including medical conditions, water consumption, alcohol use, the use
of medications that affect the body's response to the heat and the burden caused
by personal protective equipment.

(
b
) The
employer's procedures for complying with the standards adopted pursuant to this
section, including the employer's responsibility to provide water with ice,
shade or a climate-controlled environment, paid cool-down rest periods
and access to first aid, as well as the employee's right to exercise rights
under these standards without retaliation.

(
c
) The
importance of frequent consumption of water with ice, up to four cups per hour,
when the work environment is above eighty degrees Fahrenheit and employees are
likely sweating more than usual.

(
d
) The
importance of acclimatization.

(
e
) 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.

(
f
) 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.

(
g
) 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.

4. For supervisors, in addition to
the requirements of paragraph 3 of this subsection, covers the procedures the
supervisor is required to follow:

(
a
) To
implement the applicable standards adopted pursuant to this section.

(
b
) When an
employee exhibits signs or reports symptoms consistent with possible heat
illness, including emergency response procedures.

I. In adopting standards pursuant to
this section, the industrial commission of Arizona shall consider criteria
relating to recommended standards for occupational exposure to heat and hot
environments that are at least as effective as the standards established by a
national institute for occupational safety and health.

J. The rules adopted by the
industrial commission of Arizona pursuant to this section shall include the
following:

1. Building requirements for interior
work environments that include air circulation and insulation standards.

2. Educational and training
requirements for employees related to heat illness identification, prevention
and preparation.

3. Personal protective equipment for
employees in temperatures of more than eighty degrees fahrenheit that includes
cooling towels and hats for sun protection.

4. Enforcement provisions.

K. An employer may not discharge or
discriminate in any other manner against employees for exercising their rights
under this section.

L. An employee may bring a private
right of action for a violation of this section in a court of competent
jurisdiction to do either or both of the following:

1. Enjoin the violation.

2. Recover actual monetary losses
from the violation or receive $500 in damages for each violation, whichever is
greater.

M. 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 II 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.

N. An
employer shall provide access to free drinking water with ice 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.

O. An
employer shall require and encourage paid 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.

P.
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.

Q. 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.

R. 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.

S. 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.

T. 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.

U. 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.

V. 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.

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

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

Y. 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.

Z. 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.

AA. 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.

BB. 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.

CC. When the outdoor temperature in
the worksite is below sixty degrees Fahrenheit, an employer shall provide
warmth pursuant to subsection BB 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.

DD. 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.

EE. 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.

FF. 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.

GG. 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.

HH. 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.

II. 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 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.

JJ. 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.

KK. 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 shall be considered in violation of this section if an
employee is retaliated or discriminated against for raising concerns and
reporting incidents of illness or injury.

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

MM. This section does not prevent a
city, town or county from requiring additional heat protective measures and
safety standards that are in addition to this section.

NN. 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 adjusting 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. "Buddy system" means a
procedure in which two individuals, the buddies, operate together as a single
unit so that they are able to monitor and help each other.

4. "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.

5. "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.

6. "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 that 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.

7. "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.

8. "Employee":

(
a
) Means An
individual who provided labor or services within the scope of this section 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
section.

9. "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.

10. "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.

11. "Environmental risk
factors" 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.

12. "Heat-related
illness" or "heat 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.

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

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

15. "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.

16. "Landscaping":

(
a
) Means
providing landscape care and maintenance services, installing tress, shrubs,
plants, lawns or gardens or providing these services in conjunction with the
design of landscape plans.

(
b
) Includes
constructing, installing or maintaining walkways, retaining walls, decks,
fences, ponds and similar structures.

17. "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.

18. "Outdoor temperature stress
threshold" means a temperature of more than eighty degrees Fahrenheit or
less than sixty degrees Fahrenheit.

19. "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.

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

21. "Potable water" has the
same meaning prescribed in 29 Code of Federal Regulations section 1910.141(
a
)(2).

22. "Rest period" means a
cool-down period made available to an employee to prevent heat illness.

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

24. "Shade" means the
complete blockage of direct sunlight that allows the body to cool.� Shade may
be provided by any artificial means that does not expose employees to unsafe or
unhealthy conditions and does not deter or discourage access or use.

25. "Temperature" means the
temperature that is measured by a wet globe bulb 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

Sec. 2. Section 23-405, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-405.

Duties and powers of the industrial commission of Arizona
relative to occupational safety and health; reporting

The commission shall:

1. Administer
the provisions of

this article through the division
of occupational safety and
health
.

2. Appoint the director of the division
of occupational safety and health
.

3. Cooperate with the federal government to
establish and maintain an occupational safety and health program as effective
as the federal occupational safety and health program.

4.
Promulgate

Adopt

standards and regulations as required, pursuant to section 23-410,
and
promulgate

adopt
such other
rules and regulations as are necessary for the efficient functioning of the
division.

5. Have the authority to issue reasonable temporary,
experimental and permanent variances pursuant to sections 23-411 and 23-412.

6. Exercise such other powers as are necessary to
carry out the duties and requirements of this article.

7. Manage a telephone number that
allows employees to report potential violations anonymously in English and
other languages if an employer is not in compliance with the law.

END_STATUTE

Sec. 3.
Industrial
commission of Arizona; rules; report; delayed repeal

A. Within thirty days after
the governor's regulatory review council's approval of the industrial
commission of Arizona's proposed rules, the industrial commission of Arizona
shall provide a copy of the rules to the president of the senate, the speaker
of the house of representatives, the majority caucus of the senate, the
minority caucus of the senate, the majority caucus of the house of
representatives, the minority caucus of the house of representatives and the
governor and submit a copy to the secretary of state.

B. This section is repealed
from and after December 31, 2028.