Read the full stored bill text
PRINTER'S NO. 2251
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1580
Session of
2025
INTRODUCED BY FIEDLER, SANCHEZ, HANBIDGE, McNEILL, KRAJEWSKI,
HILL-EVANS, WAXMAN, VENKAT, NEILSON, HADDOCK, MERSKI,
FREEMAN, HARKINS, GUZMAN, PIELLI, CEPEDA-FREYTIZ, INGLIS,
GIRAL, RABB, HOWARD, MAYES AND STEELE, AUGUST 28, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 2, 2025
AN ACT
Providing for regulations for employers to protect employees
from heat-related injury or heat-related illness caused by
heat stress; imposing duties on the Department of Labor and
Industry and the Secretary of Labor and Industry;
establishing the Heat Protection Enforcement Fund; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Workplace
Heat Protection Standards Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Acclimatization." The adaptation of the body to work in
high temperatures as the body is exposed to heat gradually over
time, reducing the strain caused by heat stress and enabling an
individual to work with less chance of developing a heat-related
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
injury or heat-related illness.
"Alternative cooling and control measure." Engineering,
work-practice, administrative or other controls to manage heat,
including job rotation, mechanical ventilation systems, misting
equipment, cooling vests, air-cooled or water-cooled garments
and access to water.
"Authorized employee representative." The following:
(1) an employee authorized by employees or the
designated representative of an employee organization
recognized or certified to represent the employees; or
(2) a person designated by employees for the purpose of
enhancing the effectiveness of an inspection, including
safety and health expertise, language proficiency or cultural
competency.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employ." To engage, suffer or permit to work. A worker is
considered an employee and not an independent contractor, unless
all of the following conditions are met:
(1) the worker is free from the control and direction of
the employer in connection with the performance of the work;
(2) the worker performs work that is outside the usual
course of the employer's business; and
(3) the worker is customarily engaged in an
independently established trade, occupation or business of
the same nature as that involved in the work performed.
"Employee." Any person employed by an employer.
"Employer." The Commonwealth, its political subdivisions and
their instrumentalities or any person, association, entity,
organization, partnership, business trust, limited liability
20250HB1580PN2251 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
company or corporation who directly or indirectly, or through an
agent or any other person, employs or exercises any control over
the wages, hours or working conditions of any employee.
"Heat index." A measurement of heat perception when relative
humidity is taken into account with actual air temperature,
which can be extrapolated from temperature and relative humidity
using the National Weather Service Heat Index.
"Heat stress." The net load to which a worker is exposed
from the combined contributions of metabolic heat, environmental
factors, physical exertion, heat generating processes, machinery
and equipment and clothing worn which results in an increase in
heat storage in the body, causing body temperature to rise to
dangerous levels.
"Heat-related illness." A medical condition resulting from
the inability of the body to rid itself of excess heat,
including heat rash, heat cramps, heat edema, heat exhaustion,
heat syncope, rhabdomyolysis and heat stroke.
"Heat-related injury." An injury that results from impaired
cognitive, perceptual and motor functions caused by a heat-
related illness.
"High-heat condition." For outdoor and indoor places of
employment, a heat index that equals or exceeds 80º Fahrenheit.
"Personal protective equipment." Equipment worn to protect
an employee against heat stress, heat-related injury or heat-
related illness, including water-cooled garments, air-cooled
garments, heat reflective clothing or cooling vests.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth or a designated agent.
"Workplace." A place in or about which an employee is
allowed to perform work-related duties.
20250HB1580PN2251 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 3. Heat protection standards.
No later than one year after the effective date of this
section, the secretary shall promulgate regulations to require
employers to protect employees from heat-related injury or heat-
related illness caused by heat stress. When developing
regulations required under this section, the secretary may
consider the standards and proposed standards created by the
Federal Occupational Safety and Health Administration, National
Institute for Occupational Safety and Health, American
Conference of Governmental Industrial Hygienists, American
National Standards Institute, Maryland Occupational Safety and
Health Division, Oregon Occupational Safety and Health
Administration and California Division of Occupational Safety
and Health.
Section 4. Application.
(a) Applicability and enforcement.--
(1) This act shall apply to all employers.
(2) The secretary shall have authority to enforce the
regulations promulgated in accordance with the provisions of
this act.
(b) Exception.--This act shall not apply to the following
employees or work-related duties, unless work is performed
during nonemergency situations:
(1) Emergency response providers as defined in 42
Pa.C.S. § 8332 (relating to emergency response provider and
bystander good Samaritan civil immunity).
(2) Fire service as defined in 35 Pa.C.S. § 7412
(relating to definitions).
(3) Disaster emergency-related work as defined in 35
Pa.C.S. § 7102 (relating to definitions), except if work-
20250HB1580PN2251 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
related activities are performed for five or more consecutive
days.
(c) Construction.--Nothing in this act shall be construed to
supersede or in any manner affect any workers' compensation law
or to enlarge, diminish or affect in any manner common law or
statutory rights, duties or liabilities of employers or
employees under any law with respect to injuries, disease or
death of employees arising out of an in the course of
employment.
Section 5. Regulations.
(a) Duties of secretary.--The secretary shall incorporate
the requirements provided under this section into the
regulations promulgated under section 3. The secretary may
update or modify the regulations promulgated under section 3 as
deemed necessary to protect employees from heat-related injury
or heat-related illness.
(b) Notice.--In accordance with the secretary's regulations,
an employer shall post a notice in a conspicuous location within
the workplace to ensure employees are informed of their
protections and obligations under this act, including the
provisions and regulations of this act. If at least 5% of the
employer's workforce speaks a language other than English, the
employer shall post the notice in the language spoken by each
language-distinct group of employees that constitutes at least
5% of the total workforce.
(c) Heat-related injury and heat-related illness prevention
plan.--The secretary shall promulgate regulations requiring an
employer to develop, implement and maintain an effective
worksite heat-related injury and heat-related illness prevention
plan. An employer may consider the input of employees or
20250HB1580PN2251 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
authorized employee representatives. The employer shall make the
plan available in writing to all employees, including in the
languages spoken by at least 5% of employees. An employer shall
be required to conduct an annual review of the plan to determine
whether revisions are necessary. The plan shall, at a minimum,
contain procedures and methods, including the following:
(1) Initial and regular heat index monitoring for
employee exposure to heat and determining whether an employee
is exposed to high-heat conditions.
(2) Providing suitably cool potable water and other
hydration as deemed appropriate at no cost to the employee
during high-heat conditions.
(3) Providing paid rest breaks and access to shade,
cool-down areas or climate-controlled spaces at the worksite
during high-heat conditions.
(4) Identifying and responding to suspected symptoms of
heat-related injury or heat-related illness, including heat
exhaustion and heat stroke.
(5) Providing sufficient time and space to rest in
shaded or cool, climate-controlled areas during high-heat
conditions, at no cost to the employee.
(6) Implementing rest break schedules as necessary to
reduce exposure to high-heat conditions.
(7) Precautions for employees who have notified the
employer of the employee's preexisting risk or greater
likelihood of developing a heat-related injury or heat-
related illness.
(8) Consideration of environmental conditions, workload,
indoor radiant heat sources, required clothing, personal
protective equipment and alternative cooling and controlling
20250HB1580PN2251 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
measures when determining rest break schedules.
(9) Providing paid employee training on the hazards of
heat exposure and the necessary steps to prevent heat-related
injury or heat-related illness.
(10) The use of alternative cooling and control measures
to manage heat at a worksite during high-heat conditions.
(11) Providing an acclimatization plan for new employees
in an appropriately hot environment, employees that have not
been in the workplace for an extended period and experienced
employees during a sudden increase in workload or heat index.
The acclimatization plan may be adjusted for specific
worksite conditions or employee needs.
(12) Implementing additional mandatory and paid
preventive heat-related injury and heat-related illness
protocols at a heat index that equals or exceeds 90º
Fahrenheit.
(13) Implementing a heat alert program for outdoor and
indoor non-climate-controlled environments to provide
notification to employees when the National Weather Service
forecasts high-heat conditions. Upon receiving notification,
the employer shall take the following precautions:
(i) Postponing non-essential tasks until the high-
heat condition subsides.
(ii) Instituting paid rest breaks.
(iii) Encouraging employees to drink water and
electrolytes to remain hydrated.
(iv) Instituting supervisor or buddy systems for
observing signs and symptoms of heat-related illness.
(v) Regular monitoring of the heat index at job
sites and resting places to the extent practicable.
20250HB1580PN2251 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(14) Developing a heat emergency response plan that
provides an emergency response for an employee who has
suffered an injury due to exposure to high-heat conditions
and for an employee who is experiencing signs and symptoms of
heat-related illness.
(15) Limiting the length of time an employee may be
exposed to high heat during the work day.
(16) Implementing communications systems so that
employees may contact their employer directly if the employee
is experiencing symptoms of a heat-related illness.
(17) Providing training for employees and supervisors on
an employee's right to make a complaint or seek assistance
under this act.
(d) Model plan.--No later than one year after the effective
date of this section, the department shall develop and publish
on the department's publicly accessible Internet website a model
heat-related injury and heat-related illness prevention plan.
(e) Employee training.--The secretary shall promulgate
regulations requiring an employer to provide annual paid
training and education to all employees who may be exposed to
high-heat conditions and repeat the training and education
within one month of a death or serious injury occurring as a
result of high-heat exposure in the workplace. The employee
training and education courses shall include the following:
(1) The identification of heat-related injury or heat-
related illness factors.
(2) Signs and symptoms of heat-related injury or heat-
related illness.
(3) Different types of heat-related injury or heat-
related illness.
20250HB1580PN2251 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) The importance of acclimatization and hydration.
(5) Available climate control measures.
(6) The need for reporting heat-related injury or heat-
related illness symptoms being experienced by an employee.
(7) Personal risk factors that may contribute to
development of a heat-related illness.
(8) Emergency response procedures and procedures that
follow a "cool first, transport second" approach based on
recommendations by the National Association of EMS Physicians
to perform when an employee exhibits signs or reports
symptoms of possible heat-related injury or heat-related
illness.
(9) Employee rights, including information on health
risks directly associated with the duties of employment under
29 U.S.C. Ch. 15 (relating to occupational safety and health)
and related Federal regulations, a summary of the rights and
requirements under 29 U.S.C. Ch. 15 and related Federal
regulations and the department regulations promulgated to
implement this act.
(f) Supervisor training.--The secretary shall promulgate
regulations requiring an employer to provide annual paid
training and education to supervisors who are tasked with
supervising employees who may be exposed to high-heat
conditions. The supervisor training and education shall include
the following:
(1) Proper procedures a supervisor is required to follow
under this section regarding the protection of employees
exposed to high-heat conditions.
(2) Recognizing high-risk situations, including how to
monitor weather reports and weather advisories, and how to
20250HB1580PN2251 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
avoid assigning an employee to an area or situation that
could predictably risk the safety of the employee.
(3) Proper procedures, including emergency response
procedures and procedures that follow a "cool first,
transport second" approach based on recommendations by the
National Association of EMS Physicians.
(g) Employer duties.--The secretary shall promulgate
regulations requiring an employer to provide training and
education under this section to perform the following:
(1) Provide each new employee with the paid training and
education required under this section at the onset of
employment.
(2) Repeat training and education within one month of a
death or serious injury occurring as a result of high-heat
exposure in the workplace.
(3) Provide employees with opportunities to ask
questions and request additional instruction, clarification,
or follow-up.
(4) Designate an individual with knowledge of heat-
related injury or heat-related illness prevention and the
plan required under subsection (c) to provide the annual
education and training to employees and supervisors.
(h) Record maintenance.--The secretary shall promulgate
regulations requiring an employer to maintain records relating
to the heat-related injury and heat-related illness prevention
plan under subsection (c), the training and education
requirements required under this section, data on the heat index
measurements performed in the workplace and data on all heat-
related injuries, heat-related illnesses and heat-related
fatalities that have occurred in the workplace. Each employer
20250HB1580PN2251 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall make the records available upon request at no cost to
employees or authorized employee representatives and the
secretary.
Section 6. Adverse action prohibited.
(a) Discrimination or retaliation.--An employer may not
discharge, threaten or otherwise retaliate or discriminate in
any manner against an employee for the following:
(1) Making a complaint to an employer, authorized
employee representative, coworker, community organization,
before a public hearing or to a Federal or State agency about
what the employee believes to be a violation of rights
guaranteed under this act.
(2) Seeking assistance or intervention regarding heat-
related injury or heat-related illness symptoms from the
employer, local emergency services or any other Federal or
State agency.
(3) Refusing to work if the employee reasonably believes
the following:
(i) an employer has not met the minimum requirements
under this act to protect employees from heat-related
injury or heat-related illness; or
(ii) performing the required work in high-heat
conditions may result in a heat-related injury or heat-
related illness because sufficient protective measures
have not been provided.
(4) Exercising any other rights afforded under this act.
(b) Action.--An employee who suffers adverse action in
violation of this section may bring a private right of action
under section 7.
Section 7. Private right of action.
20250HB1580PN2251 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Employees.--An employee who has been discharged,
threatened or has otherwise suffered retaliation, discrimination
or other adverse action as result of seeking intervention,
refusing to work in unsafe conditions or reporting a violation
of this act, may bring a private right of action in a court of
common pleas in accordance with established civil procedures of
this Commonwealth.
(b) Time.--An action under this section must be brought
within three years from the date that the employee knew of a
violation, retaliation or discrimination.
(c) Relief.--If an employee prevails in an action commenced
under this section, the employee shall be entitled to the
following relief:
(1) Where the employee has been discharged or demoted,
reinstatement of the employee without a loss in seniority
status, if applicable.
(2) Where the employee has been discharged or demoted,
restitution equal to three times the amount of the employee's
lost wages and fringe benefits calculated from the date of
the violation, retaliation or discrimination.
(3) Compensatory and punitive damages.
(4) Reasonable attorney fees and costs of the action.
(5) Other legal and equitable relief the court deems
appropriate to make the employee whole.
Section 8. Investigative authority.
(a) Secretary.--The secretary shall have the authority to
investigate any workplace in this Commonwealth in order to
ascertain compliance with this act.
(b) Right to inspect.--To carry out the purposes of this
act, the secretary shall, upon presenting appropriate
20250HB1580PN2251 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
credentials to an employer, have the authority to:
(1) Enter and inspect the workplace of the employer,
including any worksite where employees are performing work,
without advance notice, for the purpose of examining and
inspecting any records of the employer relating to the
question of compliance with this act.
(2) Copy any or all records as deemed necessary or
appropriate by the secretary during inspection.
(3) Question employees or authorized employee
representatives, in private, during inspection.
(4) Conduct any tests to determine whether a violation
has occurred.
(5) Require the employer to provide full and correct
statements in writing, including sworn statements, regarding
compliance with this act as the secretary may deem necessary
or appropriate.
(c) Denied inspection.--Whenever the secretary, proceeding
in accordance with this section, is denied admission to a
workplace, the secretary may obtain a warrant to make an
inspection or investigation of the workplace and any related
worksites from a judge of Commonwealth Court.
(d) Persons to accompany secretary.--Subject to the
regulations issued by the secretary, a representative of the
employer and an authorized employee representative shall be
given an opportunity to accompany the secretary during the
physical inspection of a workplace for the purposes of aiding
the inspection. If there is not an authorized employee
representative, the secretary shall consult with a reasonable
number of employees concerning exposure to high-heat conditions
in the workplace. An employee who accompanies the secretary on
20250HB1580PN2251 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
an inspection shall not suffer a reduction in wages as a result
of accompanying the secretary.
(e) Rules and regulations.--The secretary shall promulgate
regulations as the secretary deems necessary to carry out the
secretary's responsibilities under this act, including
regulations regarding the inspection of an employer's workplace,
including any worksite where employees are performing work.
Section 9. Collective bargaining agreements.
Nothing in this act shall be construed to diminish the
rights, privileges or remedies of an employee under a collective
bargaining agreement.
Section 10. Penalties.
(a) Noncompliance.--Upon investigation and a determination
by the department that an employer failed to comply with the
requirements of section 3 or any regulations prescribed under
this act, the department may assess an administrative penalty of
$1,000 per day until the failure is cured. If the employer does
not cure the failure within 10 days, the department may assess
an administrative penalty of not more than $15,000 per day for
every day exceeding 10 days.
(b) Willful or repeated violations.--An employer who
willfully or repeatedly violates the requirements of section 3
or any regulations prescribed under this act may be assessed an
administrative penalty of not more than $160,500 for each
violation.
(c) Violation causing death.--
(1) An employer who violates the heat protection
standards promulgated under section 3 or any regulations
prescribed under this act, which violation caused death to an
employee, commits a misdemeanor and shall, upon conviction,
20250HB1580PN2251 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
be sentenced to pay a fine of not more than $100,000 or to
imprisonment for not more than six months, or both.
(2) If a conviction is for a violation committed after a
first conviction, the person shall be sentenced to pay a fine
of not more than $200,000 or to imprisonment for not more
than one year, or both.
(d) False statements.--A person who knowingly makes a false
statement, representation or certification in a record, report,
plan or other document filed or required to be maintained under
this act commits a misdemeanor and shall, upon conviction, be
sentenced to pay a fine of not more than $10,000.
(e) Posting requirements.--An employer who violates the
posting requirements as prescribed under this act shall be
assessed an administrative penalty of not more than $500 for
each violation.
(f) Refusing entry.--An employer who refuses entry to the
secretary while attempting to conduct an investigation or
inspection under this act or willfully obstructs an authorized
employee representative from carrying out an investigation or
inspection commits a misdemeanor and shall, upon conviction, be
sentenced to pay a fine of not more than $500.
(g) Considerations.--When determining the penalty amount
under this section, the secretary shall consider the history of
previous violations, the severity of the violation, the good
faith of the employer and the size of the employer's business.
Section 11. Heat Protection Enforcement Fund.
The Heat Protection Enforcement Fund is established as a
separate fund in the State Treasury. The following shall apply:
(1) All fines and penalties collected under section 9
shall be deposited into the Heat Protection Enforcement Fund.
20250HB1580PN2251 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) Money in the Heat Protection Enforcement Fund is
appropriated on a continuing basis to the department to be
used for investigations of violations and for the enforcement
of this act.
Section 12. Construction.
Nothing in this act shall be construed to prohibit the
secretary from pursuing Federal or State funding for the
purposes of this act.
Section 13. Effective date.
This act shall take effect in 60 days.
20250HB1580PN2251 - 16 -
1
2
3
4
5
6
7
8
9
10