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

A1995

ASSEMBLY, No. 1995

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)

Co-Sponsored by:

Assemblywoman Reynolds-Jackson, Assemblyman Egan,
Assemblywoman Tucker and Assemblyman Venezia

SYNOPSIS

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

CURRENT VERSION OF TEXT

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

��

An Act
concerning the establishment of an occupational heat
stress standard 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.� According to NASA, 2024 was the
warmest year 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 the highest risk, but the problem affects all workers
exposed to heat, including indoor workers without climate-controlled
environments.

���� b.��� From 1979 to 2022, more
than 14,000 Americans have died directly from heat-related causes, according to
the United States Environmental Protection Agency.

���� c.��� Four states already have
safety and health standards that cover workplace heat exposure.� Washington has
a state standard that covers outdoor heat exposure.� Minnesota has a state
standard that covers indoor heat exposure.� Oregon and California both have
state standards that cover indoor and outdoor 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 standard 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.

���� �Commercial farm� means:

���� (1) a farm management unit of
no less than five acres producing agricultural or horticultural products worth
$2,500 or more annually, and satisfying the eligibility criteria for
differential property taxation pursuant to the �Farmland Assessment Act of 1964,�
P.L.1964, c.48 (C.54:4-23.1 et seq.);

���� (2) a farm management unit of less
than five acres, producing agricultural or horticultural products worth $50,000
or more annually and otherwise satisfying the eligibility criteria for
differential property taxation pursuant to the �Farmland Assessment Act of
1964,� P.L.1964, c.48 (C.54:4-23.1 et seq.); or

���� (3) a farm management unit
that is a beekeeping operation producing honey or other agricultural or
horticultural apiary-related products, or providing crop pollination services,
worth $10,000 or more annually.

���� �Commissioner� means the
Commissioner 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.

���� 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 that each employee understands, 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.� The
commissioner shall develop a model heat-related illness and injury prevention
plan, consistent with the provisions of this act, that includes, but is not
limited to:

���� (1) �model training for
employees and supervisors; and

���� (2) �sections within the plan
tailored to the specific hazards in places of employment with high risks of
exposure to heat.

���� Employers may adopt the
commissioner�s model heat-related illness and injury prevention plan, modify
that model plan, or develop their own heat-related illness and injury
prevention plan, consistent with the provisions of this act.

���� 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 and safe proximity to impacted employees,
with a temperature that is either cool, meaning 66 degrees to 77 degrees
Fahrenheit, or cold, meaning 35 degrees to 65 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 excessive heat is likely to occur in the following day or days in a
locality where an employer has employees in the State, and when that
notification occurs, also taking the following actions:

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

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

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

���� (d)

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, and
changing required work clothing; 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, how to avoid assigning an employee to a situation that could
predictably compromise the safety of the employee, and how to initially and
regularly monitor for employee exposure to heat to determine whether an
employee�s exposure has been excessive; 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 to 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 administered 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
each employee.

���� g.��� Each employer subject to
the provisions of this act 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.��� Each employer subject to
the provisions of this act shall 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.� The employer
shall preserve the records and data for a minimum of three years.

���� i.���� Employers shall be
required to comply 30 days after 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 60
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.).� In
the event that the heat stress standard is not amended, adopted, or readopted
within 365 days, the existing standard shall remain in effect.

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

���� l.���� A commercial farm, as
defined in section 2 of this act, shall be exempt from the requirements of this
act other than those set forth in section 15 of this act.

���� m.�� All operations that are
directly involved in the protection of life or property, such as evacuation,
rescue, medical, structural firefighting, law enforcement, lifeguarding, or the
emergency restoration of essential services, such as roads, bridges, utilities,
and communications, when employees are engaged in those operations, 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 shall be 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.��� a. �No provision of this
act, or any regulations promulgated to implement or enforce this act, shall be
construed as:

���� (1) requiring an employer to
diminish or reduce protections provided by the employer pursuant to an employer
policy or collective bargaining agreement which are more favorable to employee
safety than those required by this act or which provide rights or benefits to
employees not covered by this act;

���� (2) �preventing or prohibiting
the employer from agreeing, through a collective bargaining agreement or
employer policy, to provide protections which are more favorable to employees
than those required by this act or to provide rights, benefits, or protections�
to employees not covered by this act; or

���� (3) �superseding any law
providing collective bargaining rights for employees, or in any way reducing,
diminishing, or adversely affecting those collective bargaining rights, or in
any way reducing, diminishing, or affecting the obligations of employers under
those laws.

���� b. �An employer signatory to a
collective bargaining agreement with a union shall be exempt from the
requirements of this act where there is a collective bargaining agreement in
effect that establishes any of the protections provided under this act and
includes defined temperature employee protection language if the agreement
concerns any of the following work:

���� (1)� construction;

���� (2)� construction maintenance;

���� (3)� rock, sand, gravel,
cement, and asphalt operations;

���� (4)� heavy-duty mechanics and
surveying;

���� (5)� construction inspection;
and

���� (6)� longshore and related
craft work and port security in the Port of New York and New Jersey.

���� c. Employers and employees
subject to a collective bargaining agreement in effect on the effective date of
this act shall not be subject to the provisions of this act until the stated
expiration date of that collective bargaining agreement, or if a current
collective bargaining agreement expires within 90 days after the effective date
of this act employers shall not be bound by this act until the stated
expiration date of the subsequent collective bargaining agreement, if the
agreement concerns any of the following work:

���� (1)� construction;

���� (2)� construction maintenance;

���� (3)� rock, sand, gravel,
cement, and asphalt operations;

���� (4)� heavy-duty mechanics and
surveying;

���� (5)� construction inspection;
and

���� (6)� longshore and related
craft work and port security in the Port of New York and New Jersey.

���� d.��� To the extent any
federal heat stress standard law, rule, or regulation is more favorable to
employees than any requirement of this act, the commissioner shall update the appropriate
New Jersey heat stress standard rule to align with the federal standard.

���� 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, following the establishment,
amendment, adoption, or readoption of rules by the commissioner, of not less
than $500 and not more than $2,000 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, but
the penalties shall not be set below $500 per employee.� 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 shall be 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, as an
alternative to or in addition to any other penalty imposed by the commissioner
under this act, for a first violation following the establishment, amendment,
adoption, or readoption of rules by the commissioner, be punished by a fine of
not less than $100 nor more than $1,000 and, for a second or subsequent
violation, shall be punished by a fine of not less than $500 nor more than $2,000.�
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 $2,000 per
day, following the establishment, amendment, adoption, or readoption 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 an employer that is
subject to the provisions of this act 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, the 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.� An
employer that is subject to the provisions of this act shall be required to
conduct an annual review to determine whether revisions of its heat-related
illness and injury prevention plan are necessary, and the employer shall revise
the plan consistent with the provisions of this act if it finds that revisions
are necessary.

���� 13.� Except as provided in
subsection d. of section 4 of this act, the statute of limitations under this
act shall be six years after the alleged cause of action accrues.

���� 14.� a.� Beginning 30 days
following the date of 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) �institute or increase
rest allowances, which shall be paid;

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

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

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

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

���� (7) �provide potable water,
available immediately and in immediate and safe proximity to impacted
employees, with a temperature that is either cool, meaning 66 degrees to 77
degrees Fahrenheit, or cold, meaning 35 degrees to 65 degrees Fahrenheit;

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

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

���� (10)� 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 3
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 85 degrees Fahrenheit according to the
National Weather Service Heat Index Chart; and

���� (2) �for an indoor place of
employment, the temperature equals or exceeds 85 degrees Fahrenheit when
employees are present; the heat index equals or exceeds 85 degrees Fahrenheit
when employees are present; employees wear clothing that restricts heat
removal, and the temperature equals or exceeds 80 degrees Fahrenheit; or
employees work in a high radiant heat area and the temperature equals or
exceeds 80 degrees Fahrenheit.

���� 15.� The New Jersey Department
of Agriculture in consultation with the Department of Labor and Workplace
Development and the New Jersey Department of Health, with advice and input from
the New Jersey Agricultural Experiment Station at Rutgers University, shall
adopt a heat-related illness and injury prevention plan for all commercial farm
workers specific to operations conducted on commercial farms.� Any person
responsible for operations conducted on a commercial farm shall comply with
that standard and plan.� The heat-related illness and injury prevention plan
for all commercial farm workers shall include, at a minimum, water and rest
breaks, access to shaded areas or climate controlled spaces, an emergency
response for any employee who has suffered injury as a result of being exposed
to excessive heat, worker and supervisor training, and record-keeping
requirements.� Any violation of this act, or the rules and regulations
promulgated hereunder, by a commercial farm operator shall be a violation of
section 4 of P.L.1971, c.193 (C.34:9A-40).� To the extent that this section may
be contrary to or inconsistent with the provisions of section 4 of P.L.1971,
c.193 (C.34:9A-40), the provisions of this section shall supersede the
provisions of that law.

���� 16.� This act shall take
effect immediately, except that rules establishing a heat standard by the
commissioner and rules promulgated by the Departments of Agriculture and Labor
and Workforce Development 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 employees that, if exceeded, trigger actions by employers to protect
employees from heat-related illness and injury; and

����� (2) a requirement that each employer develop,
implement, and maintain an effective heat-related illness and injury prevention
plan for employees.� The commissioner is required to develop a model
heat-related illness and injury prevention plan, consistent with the provisions
of the bill, that employers may adopt.� Employers may develop their own
heat-related illness and injury prevention plan consistent with the provisions
of the bill.

����� The heat-related illness and injury prevention plan
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 that each employee understands, 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 requires that State law align with federal
law should a federal law or regulation establish a heat stress standard that is
more favorable to employees than State law.

����� The bill exempts amusement parks and certain
operations that are directly involved in the protection of life or property,
such as evacuation, rescue, medical, structural firefighting, law enforcement,
lifeguarding, or the emergency restoration of essential services, such as
roads, bridges, utilities, and communications, when employees are engaged in
those operations, from the bill�s provisions.

����� The bill addresses its application to collective
bargaining agreements, including, but not limited to, circumstances in which
the heat standards do not apply to certain collective bargaining agreements.

����� The bill provides the Department of Agriculture with
the power to develop a heat standard for commercial farm operators in
consultation with the Department of Labor and Workforce Development and
Department of Health and with advice and input from the New Jersey Agricultural
Experiment Station at Rutgers University, and the bill otherwise excludes
commercial farms from its requirements.

����� Finally, the bill imposes monetary and other
penalties for violations of its provisions.