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. LBD04582-05-3S. 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; andS. 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 mealS. 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 beS. 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.