Bill Text: NJ A5022 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes "Occupational Heat-Related Illness and Injury Prevention Program" and occupational heat stress standard in DOLWD.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-14 - Introduced, Referred to Assembly Labor Committee [A5022 Detail]
Download: New_Jersey-2024-A5022-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
Establishes "Occupational Heat-Related Illness and Injury Prevention Program" and occupational heat stress standard in DOLWD.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning 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. 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 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 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.
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 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 each employee.
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. 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 by 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 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. 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 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 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, 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 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 30 days 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) 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 promulgated by the Departments of Agriculture and 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 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 penalties for violations of its provisions.
