Establishes occupational heat stress standard and "Occupational Heat-Related Illness and Injury Prevention Program" in DOLWD.

A1973

ASSEMBLY, No. 1973

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

Assemblyman WILLIAM B. SAMPSON, IV

District 31 (Hudson)

Assemblyman GABRIEL RODRIGUEZ

District 33 (Hudson)

Co-Sponsored by:

Assemblywomen Collazos-Gill, Reynolds-Jackson, Speight,
Assemblymen Danielsen, Schaer, Stanley, Venezia and Schnall

SYNOPSIS

���� Establishes occupational heat stress standard and
"Occupational Heat-Related Illness and Injury Prevention Program" in
DOLWD.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the establishment of a heat stress standard
by the Department of Labor and Workforce Development
and
an
occupational heat stress standard and heat-related illness and injury
prevention program and supplementing Title 34 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� The Legislature finds
and declares:

���� a.��� Heat is the leading
weather-related killer, and it is becoming more dangerous as 18 of the last 19
years were the hottest years on record.� Excessive heat can cause heat stroke
and even death if not treated properly.� It also exacerbates existing health problems
like asthma, kidney failure, and heart disease.� Workers in agriculture and
construction are at highest risk, but the problem affects all workers exposed
to heat, including indoor workers without climate-controlled environments.

���� b.��� Heat stress killed 815
United States workers and seriously injured more than 70,000 workers from 1992
through 2017, according to the United States Department of Labor, Bureau of
Labor Statistics.

���� c.��� To date, three states,
California, Oregon, and Washington, have state occupational safety and health
standards that cover outdoor heat exposure.� Minnesota has a state standard
that covers indoor heat exposure.� The United States military has also issued
heat protections.

���� d.��� The Occupational Safety
and Health Administration (OSHA) in the United States Department of Labor has
not adopted a heat stress standard.

���� e.��� In the absence of a heat
stress adopted by OSHA, New Jersey may through legislation and regulation adopt
a heat stress standard for the protection of employees against heat-related
illness and injury that applies to employers and employees in this State both
in private and public employment.

���� 2.��� As used in this act:

���� "Amusement park"
means any permanent outdoor facility or park where amusement rides are
available for use by the general public.

�Commissioner� means the
Commissioner of the Department of Labor and Workforce Development or the
commissioner�s designee.

���� �Department� means the
Department of Labor and Workforce Development.

���� �Employ� means to suffer or to
permit to work.

���� �Employee� means any
individual employed by an employer.

���� �Employer� means any
individual, partnership, association, corporation, and the State and any
county, municipality, or school district in the State, or any agency,
authority, department, bureau, or instrumentality thereof acting directly or
indirectly in the interest of an employer in relation to an employee.

���� �Excessive heat� means levels
of outdoor or indoor exposure to heat that exceed the capacities of the human
body to maintain normal body functions and may cause heat-related injury or
illness, including those that lead to death.

���� �Heat-related illness� means a
medical condition resulting from the inability of the body to rid itself of
excess heat, including heat rash, heat cramps, heat exhaustion, heat syncope,
and heat stroke.

���� �Heat stress� means the net
load to which a worker is exposed from the combined contributions of metabolic
heat, environmental factors, and clothing worn which result in an increase in
heat storage in the body, causing body temperature to rise to sometimes
dangerous levels.

���� �Occupation� means any
occupation, service, trade, business, industry or branch or group of industries
or employment or class of employment in which employees are employed.

���� �Occupational safety and
health standard� means a regulation or rule that requires the following: a
condition that is reasonably appropriate or necessary to make employment and
places of employment safe and healthful; or the adoption or use of a means, method,
operation, practice, or process that is reasonably appropriate or necessary to
make employment and places of employment safe and healthful.

���� �Place of employment� means a
place in or about which an employee is allowed.

���� 3.��� a.� On or before June 1,
2025, the commissioner shall establish by rule a heat stress standard that
contains the following:

���� (1)� A standard that
establishes heat stress levels for employees that, if exceeded, trigger actions
by employers to protect employees from heat-related illness and injury.

���� (2)� A requirement that each
employer develop, implement, and maintain an effective heat-related illness and
injury prevention plan for employees within 30 days of the effective date of
this act.

���� b.��� The heat-related illness
and injury prevention plan referred to in subsection a. of this section shall,
to the extent permitted by federal law, be developed and implemented with the
meaningful participation of employees and employee representatives, including
collective bargaining representatives; shall be tailored and specific to the
hazards in the place of employment; shall be in writing in both English and in
the language understood by a majority of the employer�s employees, if that
language is not English; and shall be made available at a time and in a manner
set forth by the commissioner in rule, to employees, employee representatives,
including collective bargaining representatives, and to the commissioner.

���� c.��� The heat-related illness
and injury prevention plan referred to in subsection a. of this section shall
at a minimum contain procedures and methods for the following:

���� (1)� initial and regular
monitoring for employee exposure to heat to determine whether an employee�s
exposure has been excessive;

���� (2)� providing potable water,
available immediately and in immediate proximity to impacted employees, with a
temperature of less than 15 degrees Celsius or 59 degrees Fahrenheit;

���� (3)� providing paid rest
breaks and access to shade, cool-down areas or climate-controlled spaces;

���� (4)� providing an emergency
response for any employee who has suffered injury as a result of being exposed
to excessive heat;

���� (5)� limiting the length of
time an employee may be exposed to heat during the workday;

���� (6)� for outdoor and indoor
non-climate-controlled environments, implementation of a heat alert program to
provide notification to employees when the National Weather Service forecasts
that a heat wave is likely to occur in the following day or days, and when that
notification occurs, also taking the following actions:

���� (a)�� postponing tasks that
are non-essential until the excessive heat condition subsides;

���� (b)� increasing the total
number of workers to reduce the heat exposure of each worker;

���� (c)�� instituting or
increasing rest allowances;

���� (d)� reminding workers to
drink liquids in small amounts frequently to prevent dehydration; and

���� (e)�� to the extent
practicable, monitoring the environmental heat index at job sites and resting
places;

���� (7)� preventing hazards,
including through the use of:

���� (a)�� engineering controls
that include the isolation of hot processes, the isolation of employees from
sources of heat, local exhaust ventilation, shielding from a radiant heat
source, the insulation of hot surfaces, air conditioning, cooling fans,
evaporative coolers, and natural ventilation;

���� (b)� administrative controls
that limit exposure to a hazard by adjustment of work procedures or work
schedules, including rotating employees, scheduling work earlier or later in
the day, using work-rest schedules, reducing work intensity or speed, changing
required work clothing and using relief workers; and

���� (c)�� personal protective
equipment, including water-cooled garments, air-cooled garments, reflective
clothing, and cooling vests;

���� (8)� coordinating risk
assessment efforts, plan development, and implementation with other employers
who have employees who work at the same work site; and

���� (9)� allowing employees to
contact the employer directly and efficiently to communicate if the employee
feels like the employee is suffering from a heat-related illness.

���� d.� The heat-related illness
and injury prevention plan referred to in subsection a. of this section shall
contain at a minimum annual training and education to employees who may be
exposed to high heat levels, including training and education regarding the
following:

���� (1)� the identification of
heat-related illness risk factors;

���� (2)� personal factors that may
increase susceptibility to heat-related illness;

���� (3)� signs and symptoms of
heat-related illness;

���� (4)� different types of
heat-related illness;

���� (5)� the importance of
consumption of fluids;

���� (6)� available engineering
control measures;

���� (7)� administrative control
measures;

���� (8)� the importance of
reporting heat-related symptoms being experienced by an employee or another
employee;

���� (9)� record-keeping
requirements and reporting procedures;

���� (10)� emergency response
procedures; and

���� (11)� employee rights under
this act and department rules promulgated to implement this act.

���� e.��� The heat-related illness
and injury prevention plan referred to in subsection a. of this section shall
contain at a minimum special training and education to employees who are
supervisors, in addition to the training and education provided to all employees
under subsection d. of this section, which shall include training and education
regarding the following:

���� (1)� proper procedures a
supervisor is required to follow under this section with respect to the
prevention of employee exposure to excessive heat;

���� (2)� how to recognize
high-risk situations, including how to monitor weather reports and weather
advisories and how to avoid assigning an employee to a situation that could
predictably compromise the safety of the employee; and

���� (3)� proper procedures
including emergency response procedures to follow when an employee exhibits
signs or reports symptoms consistent with possible heat-related illness.

���� f.���� The heat-related
illness and injury prevention plan referred to in subsection a. of this section
shall require that the education and training referred to in subsections d. and
e. of this section:

���� (1)� be provided by an
employer for each new employee before starting a job assignment;

���� (2)� provide employees
opportunities to ask questions, provide feedback, and request additional
instruction, clarification, or another follow-up;

���� (3)� be provided by an
individual with knowledge of heat-related illness prevention and of the plan of
the employer required under subsection a. of this section; and

���� (4)� be appropriate in content
and vocabulary commensurate to the language, education level, and literacy of
the employees.

���� g.��� A requirement that each
employer shall maintain the following:

���� (1)� records related to the
heat-related illness and injury prevention plan referred to in subsection a. of
this section, including heat-related illness risk and hazard assessments and
identification, evaluation, correction and training procedures;

���� (2)� data on all heat-related
illnesses, injuries and fatalities that have occurred at the place of
employment, including but not limited to: the type of heat-related illness or
injury experienced and symptoms experienced, the cause of death, the time at
which manifestation of illness, injury, or death occurred, environmental
measures, including temperature and humidity levels, at time of manifestation
of illness, injury or death, a description of the location where the
manifestation of illness, injury or death occurred; and

���� (3)� data on environmental and
physiological measurements related to heat.

���� h.��� A requirement that each
employer make the records and data referred to in subsection g. of this section
available, on request for examination and copying at no cost, to employees,
their authorized representatives, including collective bargaining representatives,
and to the commissioner, as well as to the public.� The employer shall preserve
the records and data for a minimum of six years.

���� i.���� Employers shall be
required to comply immediately upon the effective date of this act with
provisions in section 4 of this act preventing retaliation and, with the
provisions of the heat stress standard promulgated by rule in accordance with
this section 30 days after the rules containing the heat stress standard are
adopted.

���� j.���� Notwithstanding the
provisions of the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), to the contrary, the commissioner may adopt, immediately
upon filing with the Office of Administrative Law, the heat stress standard required
by this section, which shall be effective for a period not to exceed 365 days
from the date of the filing.� Before the expiration of the heat stress
standard, the commissioner shall thereafter amend, adopt, or readopt the rules
in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).

���� k.��� An amusement park, as
defined by section 2 of this act, shall be exempt from the requirements of this
act.

���� 4.��� a.� It shall be a
violation of this act for an employer to retaliate through termination of
employment, discipline, or in any other manner against any employee for
exercising any rights granted by this act.� There shall be a rebuttable
presumption of unlawful retaliation under this section whenever an employer
takes adverse action against an employee within 90 days of when that employee
exercises the employee�s rights protected under this act.

���� b. It is a violation of this
act for an employer to retaliate or take adverse action against an employee if
the employee:

���� (1) makes a complaint to an
employer, to a coworker, to a community organization, before a public hearing,
or to a State or federal agency that rights guaranteed under this act have been
violated;

���� (2) seeks assistance or
intervention with respect to heat-related health symptoms from, the employer,
local emergency services, the federal government, the State, or a local
government;

���� (3)� refuses to work if the
employee reasonably believes:

���� (a)�� that an employer has not
met the minimum requirements under this act to prevent illness and injury; or

���� (b)� that performing the
required work in extreme temperature conditions may result in illness or
injury;

���� (4) institutes any proceeding
under or related to this act; or

���� (5) testifies or prepares to
testify in an investigation or proceeding under this act.

���� c.��� Any employer that
violates the provisions of this section shall be subject to administrative
penalties, which penalties the commissioner shall be authorized to assess and
collect as specified in a schedule of penalties to be promulgated by the
commissioner by regulation to implement the provisions of this section.� Any
penalty imposed pursuant to this section may be recovered with costs in a
summary proceeding commenced by the commissioner pursuant to the "Penalty
Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

���� d.��� (1) Upon a violation of
any of the provisions of this section, an employee or former employee may
institute a civil action in the Superior Court for relief.� All remedies
available in common law tort actions shall be available to a prevailing
plaintiff.� The court may also order any or all of the following relief:

���� (a)�� an assessment of a civil
fine of not more than $500 for the first violation and not more than $1,000 for
each subsequent violation;

���� (b)� an injunction to restrain
the continued violation of any of the provisions of this section;

���� (c)�� reinstatement of the
employee to the same position or to a position equivalent to that which the
employee held prior to unlawful discharge or retaliatory action;

���� (d)� reinstatement of full
fringe benefits and seniority rights;

���� (e)�� compensation for any
lost wages, benefits and other remuneration; and

���� (f)�� payment of reasonable
costs and attorney's fees.

���� (2)� An action brought under
this subsection d. shall be commenced within one year of the date of the
alleged violation.

���� 5.��� None of the provisions
of this act shall be construed to diminish the rights, privileges, or remedies
of any employee under a collective bargaining agreement.

���� 6.��� There shall be
established, within the Department of Labor and Workforce Development, an �Occupational
Heat-related Illness and Injury Prevention Program,� which shall be responsible
for enforcing the provisions of this act, and the heat stress standard
promulgated by rule pursuant to this act, and which shall provide outreach and
education to employers and employees regarding this act and the heat stress standard.

���� 7.��� The commissioner shall
have the authority to:

���� a.��� Investigate and
ascertain compliance with this act in any place of employment in the State;

���� b.��� Enter and inspect the
place of business or employment of any employer in the State for the purpose of
examining and inspecting any or all records of any employer that in any way
relate to or have a bearing upon the question of compliance with this act; copy
any or all of those records as the commissioner may deem necessary or
appropriate; question any workers; and conduct any tests to determine whether
this act has been violated; and

���� c.��� Require from any
employer full and correct statements in writing, including sworn statements,
with respect to compliance with this act as the commissioner may deem necessary
or appropriate.

���� 8.��� Except as provided in
section 4 of this act for penalties concerning adverse action taken by an
employer, when the commissioner finds that an employer has violated this act or
the rules promulgated by the department to implement this act, the commissioner
may assess and collect an administrative penalty, within 365 days following the
establishment of rules by the commissioner, of not less than $500 and not more
than $5,000 per employee employed at or during the time of the violation,
pursuant to a schedule of penalties established by the commissioner through
rules in accordance with the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.).� Penalties shall be adjusted every five years by the
commissioner in direct proportion to the rise or fall of the consumer price
index as reported by the U.S. Bureau of Labor Statistics.� Any administrative
penalty assessed under this section against a corporation, partnership, limited
liability company, or sole proprietorship, shall be effective against any
successor entity that is engaged in the same or equivalent trade or activity,
and has one or more of the same principals or officers, as the corporation,
partnership, limited liability company, or sole proprietorship against which
the administrative penalty was assessed.

����� 9.�� When
determining the amount of the administrative penalty imposed under section 8 of
this act, the commissioner shall consider factors, which shall include the
history of previous violations by the employer, the seriousness of the
violation, the good faith of the employer and the size of the employer's
business.� No administrative penalty shall be levied pursuant to this section
unless the commissioner provides the alleged violator with notification of the
violation and of the amount of the penalty and an opportunity within 15 days
following the receipt of the notice to request a hearing before the
commissioner.

���� If
a hearing is requested, the commissioner shall issue a final order upon the
completion of the hearing.� If no hearing is requested, the notice shall become
a final order upon expiration of the 15-day period.� Payment of the
administrative penalty is due when a final order is issued or when the notice
becomes a final order. Any administrative penalty imposed pursuant to this
section may be recovered with costs in a summary proceeding commenced by the
commissioner pursuant to the �Penalty Enforcement Law of 1999,� P.L.1999, c.274
(C.2A:58-10 et seq.). Any sum collected as a fine or penalty pursuant to this
section shall be applied toward enforcement of this act and administration
costs of the �Occupational Heat-related Illness and Injury Prevention Program�
established within the Department of Labor and Workforce Development.

���� 10.� Any employer who
willfully hinders or delays the commissioner in the performance of the
commissioner�s duties in the enforcement of this act, or fails to make, keep,
and preserve any records as required under the provisions of this act, or
falsifies any record, or refuses to make any record accessible to the
commissioner upon demand, or refuses to furnish a sworn statement of the record
or any other information required for the proper enforcement of this act to the
commissioner or otherwise violates any provision of this act or of any
departmental rule promulgated or order issued under this act shall be guilty of
a disorderly persons offense and shall, upon conviction for a first violation within
365 days following the establishment of rules by the commissioner, be punished
by a fine of not less than $100 nor more than $1,000 or by imprisonment for not
less than 10 nor more than 90 days, or by both the fine and imprisonment and,
upon conviction for a second or subsequent violation, shall be punished by a
fine of not less than $500 nor more than $5,000 or by imprisonment for not less
than 10 nor more than 100 days, or by both the fine and imprisonment.� Penalties
shall be adjusted every five years by the commissioner in direct proportion to
the rise or fall of the consumer price index as reported by the U.S. Bureau of
Labor Statistics.

����� 11.
a.� If the commissioner determines, after either an initial determination as a
result of an audit of a business or an investigation pursuant to this act, that
an employer is in violation of this act, the commissioner may issue a stop-work
order against the employer requiring cessation of all business operations of
the employer at one or more worksites or across all of the employer�s worksites
and places of business.� The stop-work order may be issued only against the
employer found to be in violation or non-compliance.� The commissioner shall
serve a notification of intent to issue a stop-work order on the employer at
the place of business or, for a particular employer worksite, at that worksite,
at least seven days prior to the issuance of a stop-work order.� The stop-work
order shall be effective when served upon the employer at the place of business
or, for a particular employer worksite, when served at that worksite.� The
stop-work order shall remain in effect until the commissioner issues an order
releasing the stop-work order upon finding that the employer has come into
compliance and has paid any administrative penalty deemed to be satisfactory to
the commissioner, or after the commissioner determines, in a hearing held
pursuant to subsection b. of this section, that the employer did not commit the
act on which the order was based.� The stop-work order shall be effective
against any successor entity engaged in the same or equivalent trade or
activity that has one or more of the same principals or officers as the
corporation, partnership, limited liability company, or sole proprietorship
against which the stop-work order was issued.� The commissioner may assess a
civil penalty of $5,000 per day, within 365 days following the establishment of
rules by the commissioner, against an employer for each day that it conducts
business operations that are in violation of the stop-work order.� A request
for hearing shall not automatically stay the effect of the order.� Penalties
shall be adjusted every five years by the commissioner in direct proportion to
the rise or fall of the consumer price index as reported by the U.S. Bureau of
Labor Statistics.

����� b.�� An
employer who is subject to a stop-work order shall, within 72 hours of its
receipt of the notification, have the right to appeal to the commissioner in
writing for an opportunity to be heard and contest the stop-work order.

����� c.�� Within
seven business days of receipt of the notification from the employer, the
commissioner shall hold a hearing to allow the employer to contest the issuance
of a stop-work order.� The department and the employer may present evidence and
make any arguments in support of their respective positions regarding the
findings of the audit or investigation.� The commissioner shall issue a written
decision within five business days of the hearing either upholding or reversing
the employer�s stop-work order.� The decision shall include the grounds for
upholding or reversing the employer�s stop-work order.� If the employer
disagrees with the written decision, the employer may appeal the decision to
the commissioner, in accordance with the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.).

����� d.�� If
the employer does not request an appeal to the commissioner in writing, the
stop-work order shall become a final order after the expiration of the 72-hour
period.

����� e.�� The
commissioner may compromise any civil penalty assessed under this section in an
amount the commissioner determines to be appropriate.

���� f.���� Once
the stop-work order becomes final, any employee affected by a stop-work order
issued pursuant to this section shall be entitled to pay from the employer for
the first ten days of work lost because of the stop-work.� Upon request of any
employee not paid wages, the commissioner can take assignment of the claim and
bring any legal action necessary to collect all that is due.

���� 12.� After each employer has,
under section 3 of this act, implemented a heat-related illness and injury
prevention plan in accordance with the requirements of the department�s heat stress
standard, each employer shall on or before May 1 of each subsequent year, or
the next business day, if May 1 falls on a Saturday, Sunday or holiday, review
and subsequently release and communicate to their employees and any authorized
representatives of their employees, including their collective bargaining
representatives, an updated version of the employer�s heat-related illness and
injury prevention plan.� Employers� heat-related illness and injury prevention
plans may not need revision, but employers shall be required to conduct an
annual review to determine whether revisions are necessary.

���� 13.� The statute of
limitations under this act shall be six years after the alleged cause of action
accrues.

����� 14.
a.� Beginning immediately following enactment of this act, in each instance in
which a place of employment experiences excessive heat, an employer shall:

����� (1)
postpone tasks that are non-essential until the excessive heat condition
subsides;

����� (2)
take all necessary measures to reduce the heat exposure of each worker,
including but not limited to, shortening work shifts by increasing the number
of shifts and the corresponding total number of workers;

����� (3)
increase rest allowances, which shall be paid;

����� (4)
permit workers to drink liquids in small amounts frequently to prevent
dehydration;

����� (5)
monitor the environmental heat at job sites and resting places;

����� (6)
permit employees to contact the employer directly and efficiently to
communicate if they believe they are suffering from a heat-related illness;

����� (7)
conduct initial and regular monitoring for employee exposure to heat to
determine whether an employee�s exposure has been excessive;

����� (8)
provide 32 ounces of

potable water per hour to
each employee,

in immediate proximity of each employee, with a
temperature of less than 59 degrees Fahrenheit;

����� (9)
provide paid rest breaks and access to shade, cool-down areas or
climate-controlled spaces in accordance with heat index levels in the National
Weather Service Heat Index Chart;

����� (10)
provide an emergency response for any employee who has suffered injury as a
result of being exposed to excessive heat; and

����� (11)
limit the length of time an employee may be exposed to heat during the workday.

����� b.�� �Excessive
heat� shall be defined by the commissioner through the rules adopted pursuant
to section 9. of this act; provided, however, until rules are adopted, for the
purposes of this section, �excessive heat� shall mean:

����� (1)
for an outdoor place of employment, a heat index at or above 80 degrees
Fahrenheit according to the National Weather Service Heat Index Chart; and

���� (2)
for an indoor place of employment, the temperature equals or exceeds 80 degrees
Fahrenheit when employees are present; the heat index equals or exceeds 80
degrees Fahrenheit when employees are present; employees wear clothing that
restricts heat removal, and the temperature equals or exceeds 75 degrees
Fahrenheit; or employees work in a high radiant heat area and the temperature
equals or exceeds 75 degrees Fahrenheit.

���� 15. This act shall take effect
immediately, except that the department rules establishing a heat stress standard
shall be issued on or before June 1, 2025.

STATEMENT

����
This bill requires the Commissioner of Labor
and Workforce Development to establish by rule a heat stress standard that
contains the following:

���� 1.��� a standard that
establishes heat stress levels for employers that, if exceeded, trigger actions
by employers to protect employees from heat-related illness and injury.

���� 2.��� a requirement that each
employer develop, implement, and maintain an effective heat-related illness and
injury prevention plan for employees.

���� The heat-related illness and
injury prevention plan referred to above is required, to the extent permitted
by federal law, to be developed and implemented with the meaningful
participation of employees and employee representatives, including collective bargaining
representatives; will be tailored and specific to the hazards in the place of
employment; will be in writing in both English and in the language understood
by a majority of the employer�s employees, if that language is not English; and
will be made available at a time and in a manner set forth by the commissioner
in rule, to employees, employee representatives, including collective
bargaining representatives, and to the commissioner.

���� The bill provides that the
commissioner may issue a stop-work order against the employer requiring
cessation of all business operations of the employer at one or more worksites
or across all of the employer�s worksites and places of business if the commissioner
determines, after either an initial determination as a result of an audit of a
business or an investigation pursuant to the bill, that an employer is in
violation of the bill�s provisions.

���� Under the bill, after
initially creating a heat-related illness and injury prevention plan, employers
will be required to conduct an annual review to determine whether revisions to
their plans are necessary.

���� The bill imposes penalties and
potential imprisonment for violations of its provisions.