Bill Text: NY S01604 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for the regulation of indoor and outdoor worksites with temperature protection standards and education, training and reporting requirements to ensure that employers provide safe conditions for their employees.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2024-06-02 - PRINT NUMBER 1604F [S01604 Detail]

Download: New_York-2023-S01604-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1604--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 13, 2023
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Labor  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the labor law, in relation to regulating the temperature
          of all indoor and outdoor worksites

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited  as  the  "temper-
     2  ature extreme mitigation program (TEMP) act".
     3    § 2. Legislative findings and intent. The legislature hereby finds and
     4  declares that New Yorkers, working both in outdoor and indoor sites, are
     5  exposed  to  extreme  temperatures  due to climate change. This involves
     6  both skyrocketing heat in the summer and freezing cold  in  the  winter.
     7  Every  year,  New  York  city has high numbers of heat-related emergency
     8  department visits, hospital admissions, and deaths. According to the New
     9  York City Office of the Mayor, each year  there  are  an  estimated  450
    10  heat-related  ED  visits, 150 heat-related hospital admissions, 10 heat-
    11  stroke deaths, and 350 heat-exacerbated deaths, caused by heat worsening
    12  existing chronic conditions.
    13    Further, cold stress injuries have proven to  be  a  concern  for  New
    14  York's  workers. In 2018 in the United States, there were 2,890 cases of
    15  ice, sleet, and snow injuries; 14% of those were in  the  state  of  New
    16  York (BLS). In 2018 in New York state, 50 injuries were related to expo-
    17  sure  to environmental cold. All 50 of those injuries were cases involv-
    18  ing 31 or more days of missed work (BLS).
    19    The legislature hereby finds and declares that the government is obli-
    20  gated to ensure that employers provide safe conditions for their employ-
    21  ees.
    22    § 3. The labor law is amended by adding a new article 20-D to read  as
    23  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04582-05-3
        S. 1604--A                          2

     1                                ARTICLE 20-D
     2                     TEMPERATURE REGULATION BY EMPLOYERS
     3  Section 742. Scope.
     4          743. Definitions.
     5          744. Temperature protection standards.
     6          745. Education and training.
     7          746. Enforcement.
     8    §  742.  Scope. The following industries will be held to the standards
     9  in this article:
    10    1. Agriculture;
    11    2. Construction;
    12    3. Landscaping;
    13    4. Commercial shipping;
    14    5. Food service; and
    15    6. Warehousing.
    16    § 743. Definitions. For the purposes of this  article,  the  following
    17  terms shall have the following meanings:
    18    1.  "Employee" means any person providing labor or services within the
    19  scope of this article for remuneration for a private entity or  business
    20  within the state,  without regard to an individual's immigration status,
    21  and  shall  include, but not be  limited to,  part-time  workers,  inde-
    22  pendent contractors, day laborers,   farmworkers and    other  temporary
    23  and  seasonal  workers.  The term shall also include individuals working
    24  for staffing agencies, contractors or subcontractors on  behalf  of  the
    25  employer at any individual worksite, as  well  as  any individual deliv-
    26  ering    goods    or  transporting people at, to or from the worksite on
    27  behalf of the employer, regardless of whether   delivery   or  transport
    28  is  conducted  by an individual or entity that would otherwise be deemed
    29  an employer under this article, or any  person  holding  a  position  by
    30  appointment or employment in the service of a public employer within the
    31  scope of this article.
    32    2.  "Employer"  means any individual, partnership, association, corpo-
    33  ration, limited liability company, business trust, legal representative,
    34  public entity, or any organized group  acting  as  employer  within  the
    35  scope of this article.
    36    3.  "Indoor  worksite"  means any enclosed work vehicles and any space
    37  between a floor and a ceiling bound  on  all  sides  by  walls.  A  wall
    38  includes  any  door,  window, retractable divider, garage door, or other
    39  physical barriers that  is  temporary  or  permanent,  whether  open  or
    40  closed.
    41    4.  "Outdoor  worksite"  means all employers with employees performing
    42  work in an outdoor environment. The term outdoor worksite does not apply
    43  to incidental exposure, which exists when an  employee  is  required  to
    44  perform  a work activity outdoors for not longer than fifteen minutes in
    45  any sixty-minute period.
    46    5. "Outdoor temperature stress threshold" means a heat stress  thresh-
    47  old  of  eighty or more degrees Fahrenheit and a cold threshold of sixty
    48  or below degrees Fahrenheit.
    49    6. "Indoor temperature stress threshold" means a heat stress threshold
    50  of eighty or more degrees Fahrenheit and a cold threshold  of  sixty  or
    51  below degrees Fahrenheit.  In cases of offices, schools, or other indoor
    52  temperature  regulated  environments,  the indoor temperature shall fall
    53  between sixty-eight point five and seventy-five degrees when the outdoor
    54  temperature is below fifty-five degrees, and when  the  outdoor  temper-
    55  ature  is  above  eighty-five degrees, the indoor temperature shall fall
    56  between seventy-five and eighty point five degrees.
        S. 1604--A                          3

     1    7. "Heat illness" means a serious medical condition resulting from the
     2  body's inability to cope with a particular heat load, and includes,  but
     3  is  not limited to, heat cramps, heat exhaustion, heat syncope, and heat
     4  stroke.
     5    8. "Cold illness" means a serious medical condition resulting from the
     6  body's inability to cope with cold temperatures.
     7    9.  "Personal  protective  equipment"  or  "PPE"  means  the necessary
     8  protective equipment, gear, uniforms, and clothing, to withstand temper-
     9  atures at or exceeding the stress thresholds.
    10    § 744. Temperature protection standards. 1.  Heat-specific  standards.
    11  The employer shall fulfill the following requirements when employees are
    12  in  an  outdoor  or  indoor  worksite  and experiencing conditions at or
    13  exceeding a heat stress threshold of eighty or more degrees Fahrenheit:
    14    (a) Access to hydration. The employer  shall  provide  access  to  one
    15  quart of water per hour per employee at no cost to the employee and such
    16  access shall be as close to the worksite as possible.
    17    (b) Rest. The employer shall offer preventative breaks at the duration
    18  and frequency of ten minutes in the shade for every two hours of outdoor
    19  work  and  ten  minutes  in  a cooler breakroom for indoor workers.  The
    20  breakroom temperature shall fall between seventy-five and  eighty  point
    21  five  degrees when the outdoor temperature is above eighty-five degrees.
    22  Preventative breaks shall be paid.
    23    (c) Medical monitoring.  Employers shall closely monitor  temperatures
    24  and  implement their workplace heat stress plan. If an employee exhibits
    25  signs or reports symptoms of heat illness while  taking  a  preventative
    26  cool-down  rest,  during a preventative cool-down rest period, or at any
    27  other time, the employer shall provide appropriate first aid or emergen-
    28  cy response.
    29    (d) Access to shade. (i)  Shade  shall  be  made  available  when  the
    30  temperature  exceeds  eighty degrees Fahrenheit and shall be as close to
    31  the worksite as possible. When the outdoor temperature in the work  area
    32  exceeds  eighty degrees Fahrenheit, the employer shall have and maintain
    33  one or more areas with shade at all times while  employees  are  present
    34  that are either open to the air or provided with ventilation or cooling.
    35  The  amount of shade present shall be at least enough to accommodate the
    36  number of employees on recovery or rest periods, so that they can sit in
    37  a normal posture fully in the shade with at least four square  feet  per
    38  resting employee.  The shade shall be located as close as practicable to
    39  the  areas  where  employees are working. Subject to the same specifica-
    40  tions, the amount of shade present during meal periods shall be at least
    41  enough to accommodate the number of employees on  the  meal  period  who
    42  remain onsite.
    43    (ii)  Shade  shall  be  available when the temperature does not exceed
    44  eighty degrees Fahrenheit. When the outdoor temperature in the work area
    45  does not exceed eighty degrees Fahrenheit employers shall either provide
    46  shade pursuant to subparagraph (i) of this paragraph or  provide  timely
    47  access to shade upon an employee's request.
    48    (iii) Employees shall be allowed and encouraged to take a preventative
    49  cool-down  rest in the shade when they feel the need to do so to protect
    50  themselves from overheating. Such access to shade shall be permitted  at
    51  all  times.  An  individual  employee who takes a preventative cool-down
    52  rest:
    53    (1) Shall be monitored and asked if he or she is experiencing symptoms
    54  of heat illness;
    55    (2) Shall be encouraged to remain in the shade; and
        S. 1604--A                          4

     1    (3) Shall not be ordered back to work until any signs or  symptoms  of
     2  heat  illness  have  abated,  but in no event, less than five minutes in
     3  addition to the time needed to access the shade.
     4    (e)  Personal protective equipment. Employers shall provide the neces-
     5  sary protective equipment, gear, uniforms, and  clothing,  to  withstand
     6  temperatures  at  or  exceeding  the  heat  stress  thresholds. This may
     7  include, but is not limited to:
     8    (i) Clothing with cooling and/or wicking features;
     9    (ii) Ice vests and cooling rags;
    10    (iii) Fans;
    11    (iv) Air-conditioning, which shall be mandated at all indoor workplac-
    12  es within the scope of this legislation, including but  not  limited  to
    13  delivery vehicles and warehouses;
    14    (v) Sunscreen;
    15    (vi) Hats; and
    16    (vii)  Anything  deemed  necessary  by  the department or a reasonable
    17  request made by employees to withstand the  heat  stress  threshold  and
    18  above.
    19    (f)  Vehicle standards. Employees who spend more than sixty minutes in
    20  vehicles each day or whose worksite is considered a vehicle  shall  have
    21  adequate air-conditioning available inside such vehicle.
    22    (g)  Worker acclimatization. Employers shall provide time for acclima-
    23  tization of new and returning employees. When worksite temperatures  are
    24  above  eighty degrees, employees shall only work twenty percent of their
    25  normal duration on their first day and gradually increase work  duration
    26  over a two-week period.
    27    2.  Cold-specific  standards. The employer shall fulfill the following
    28  requirements when employees are in an outdoor  or  indoor  worksite  and
    29  experiencing  conditions  at or exceeding the cold threshold of sixty or
    30  below degrees Fahrenheit:
    31    (a) Access to hydration. The employer  shall  provide  access  to  one
    32  quart of water per hour per employee at no cost to the employee.
    33    (b) Rest. The employer shall offer preventative breaks at the duration
    34  and  frequency  of  ten  minutes  in  a warm area for every two hours of
    35  outdoor work and ten minutes in a warm  breakroom  for  indoor  workers.
    36  The  breakroom temperature shall fall between sixty-eight point five and
    37  seventy-five  degrees  when  the  outdoor  temperature  is  below  sixty
    38  degrees.  Preventative breaks shall be paid.
    39    (c)  Medical monitoring.  Employers shall closely monitor temperatures
    40  and implement their workplace cold stress plan. If an employee  exhibits
    41  signs  or  reports  symptoms  of cold stress while taking a preventative
    42  warm-up rest, during a preventative warm-up rest period, or at any other
    43  time, the employer shall provide  appropriate  first  aid  or  emergency
    44  response.
    45    (d)  Access  to  warmth.  (i) A warm location for breaks shall be made
    46  available when the temperature is below sixty degrees  Fahrenheit.  When
    47  the  outdoor temperature in the work area is below sixty degrees Fahren-
    48  heit, the employer shall have  and  maintain  one  or  more  areas  with
    49  adequate  warmth  at  all  times  while  employees  are present that are
    50  provided with ventilation and heating. The size  of  the  warm  location
    51  shall  be  at  least  enough  to  accommodate the number of employees on
    52  recovery or rest periods, with at least four square feet  available  per
    53  resting  employee.  The rest location shall be located as close as prac-
    54  ticable to the areas where employees are working. Subject  to  the  same
    55  specifications,  access  to a warm location shall be present during meal
        S. 1604--A                          5

     1  periods and shall be at  least  enough  to  accommodate  the  number  of
     2  employees on the meal period who remain onsite.
     3    (ii)  Warm  locations  shall  be available when the temperature is not
     4  below sixty degrees Fahrenheit. When the outdoor temperature in the work
     5  area is not  below  sixty  degrees  Fahrenheit  employers  shall  either
     6  provide warmth pursuant to subparagraph (i) of this paragraph or provide
     7  timely access upon an employee's request.
     8    (iii) Employees shall be allowed and encouraged to take a preventative
     9  warm-up  rest  in  the shade when they feel the need to do so to protect
    10  themselves from cold stress. Such  access  shall  be  permitted  at  all
    11  times. An individual employee who takes a preventative warm-up rest:
    12    (1) Shall be monitored and asked if he or she is experiencing symptoms
    13  of cold stress;
    14    (2) Shall be encouraged to remain in the designated warm area; and
    15    (3)  Shall  not be ordered back to work until any signs or symptoms of
    16  cold stress have abated, but in no event,  less  than  five  minutes  in
    17  addition to the time needed to access warmth.
    18    (e)  Personal protective equipment. Employers shall provide the neces-
    19  sary protective equipment, gear, uniforms, and  clothing,  to  withstand
    20  temperatures  at  or  exceeding  the  cold  stress  thresholds. This may
    21  include, but is not limited to:
    22    (i) Clothing with heating features;
    23    (ii) Gloves, hats, winter coats;
    24    (iii) Heating; and
    25    (iv) Anything deemed necessary by the department or reasonable request
    26  made by employees to withstand the cold stress threshold and below.
    27    (f) Vehicle standards. Employees who spend more than sixty minutes  in
    28  vehicles  each  day or whose worksite is considered a vehicle shall have
    29  adequate heating available inside the vehicle.
    30    (g) Worker acclimatization. Employers shall provide time for  acclima-
    31  tization  of new and returning employees. When worksite temperatures are
    32  below sixty degrees, employees shall only work twenty percent  of  their
    33  normal  duration  on  their first day of employment in which the temper-
    34  ature is below sixty degrees and gradually increase work duration over a
    35  two-week period.
    36    § 745. Education and  training.  1.  Training.  The  department  shall
    37  create a training curriculum outlining the signs of cold stress and heat
    38  illness  and  the  necessary  medical  responses. Such training shall be
    39  administered by the employer at time of hiring.
    40    2. Mandated signage and materials.  The  department  shall  promulgate
    41  signage and educational materials that are required to be made available
    42  to  employees  by their employer in all languages in the state regarding
    43  the following:
    44    (a) Signs of heat illness and cold stress;
    45    (b) Indoor and outdoor temperature stress thresholds;
    46    (c) Employer-mandated protections from temperature stress thresholds;
    47    (d) Examples of necessary PPE;
    48    (e) Where employees can report an employer's  lack  of  accommodation;
    49  and
    50    (f) Anything else deemed necessary by the department.
    51    3.  Whistleblower  protection.  An  employer  shall  provide  to every
    52  employee written materials describing the  protection  from  retaliatory
    53  action  for  reporting  a violation of this article provided pursuant to
    54  article twenty-C of this chapter.  Any employee who participates in  the
    55  activities  established  for  worker protections and safety shall not be
        S. 1604--A                          6

     1  subject to retaliation for any actions taken pursuant to  their  partic-
     2  ipation.
     3    4.  The  department  shall  establish a statewide outreach campaign to
     4  educate employees on the heat and cold illness standards established and
     5  ensure that employers are providing access to proper signage and materi-
     6  als.
     7    § 746. Enforcement. The department shall promulgate  rules  and  regu-
     8  lations to require the following:
     9    1.  Every  employer  shall  collect  and  maintain data and records as
    10  required by the department  on  all  temperature-related  illnesses  and
    11  fatalities which occur at an outdoor or indoor worksite.
    12    2.  Every employer shall submit reports of the data collected pursuant
    13  to subdivision one of this section quarterly to the department and  such
    14  reports  shall  be published by the department on a searchable database.
    15  Employers shall additionally make such reports available to any employee
    16  or applicable union upon request within five business days.  A  tempera-
    17  ture-related  fatality on a construction site shall be deemed a work-re-
    18  lated injury for the purposes of reporting pursuant  to  section  forty-
    19  four of this chapter.
    20    3.  Every  employer  shall  submit  for approval a written plan on how
    21  temperature-related stress will be  mitigated  to  the  department  each
    22  quarter. Once approved by the department, an employer shall provide such
    23  plan to all employees and applicable unions.
    24    4.  Every  employer  shall be subject to fines for not adhering to the
    25  mandatory  reporting  and  enforcement  protocols.  Employers  shall  be
    26  required  to  pay  penalties  of  no less than fifty dollars per day for
    27  failing to create a plan and up to ten thousand dollars for not  follow-
    28  ing an adopted plan.  The department shall administer notice and collect
    29  all  fines.  All  fines collected shall be allocated to the department's
    30  temperature standards bureau.
    31    5. The department shall establish a worker hotline and an online  form
    32  where  employees  can  file  complaints  with  the  department regarding
    33  temperature standards.
    34    6. Any other reporting or enforcement protocols  necessary  to  ensure
    35  the protection of workers.
    36    7.  Every  employer  shall  display  a thermometer for employee use at
    37  indoor and outdoor workplaces to monitor the temperature.
    38    § 4. This act shall take effect immediately.