Battle Over Hot Workplace Law Ignites In NJ As Sweltering Summer Nears

NEW JERSEY — How hot is too hot to work?

A proposed state law that would create a “heat standard” for workplaces in New Jersey is igniting a battle between worker rights advocates and pro-business groups, with both sides shouting for lawmakers’ attention as a potentially record-breaking summer of sweat approaches.

If it becomes law, S-2422/A-3521 would force employers to obey a state-mandated “heat stress standard” for their workers who are at risk of extreme heat – or face a potential stop-work order.

Advocates say the choice is a no-brainer: lives are at risk. Workers in the agriculture and construction industries are especially vulnerable, but the problem also impacts indoor workplaces without air conditioning.

But pro-business groups warn that the proposed law could lead to unreasonable shutdowns for businesses across New Jersey. And the decision on how to protect workers from heat stress is something best left to federal authorities, who are expected to roll out new regulations in September, they argue.

NEW RULES NOW: NOT LATER

Advocates say that a rule is needed now – not later – as Garden State workers prepare to endure predictions of record-breaking heat.

The 10 hottest years on record in New Jersey have all come since 1998, with eight of the 10 since 2010, and this year is seeing forecasts that it may be the hottest-ever. Meanwhile, data from the U.S. Bureau of Labor Statistics shows that exposure to environmental heat resulted in 479 fatalities of U.S. workers from 2011 to 2022.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) hasn’t adopted a federal heat stress standard – yet. And that’s why New Jersey needs to follow the lead of some other states and the U.S. military and create its own standards, advocates say.

Last week, more than 30 labor unions and worker groups sent a letter to Assembly Speaker Craig Coughlin and Senate President Nicholas Scutari, urging the New Jersey Legislature to put the pedal to the metal for the bill.

Here’s how it would benefit workers, they argued:

“The NJ Heat Standard legislation [would require] employers to create heat-illness and injury-prevention plans for work in extreme heat conditions. These include providing workers with clean [and] potable water, providing rest breaks with access to shade or climate-controlled spaces, limiting the amount of time employees are exposed to extreme heat during the workday, and providing emergency response for employees suffering from a heat illness. It will also require employers to track heat-related deaths and illnesses, protect workers reporting heat related concerns, and give regulators the power to thoroughly investigate complaints and take appropriate action to avoid preventable illness and injury.”

According to nonprofit immigration advocacy group Make the Road New Jersey, the summer is a dangerous time for workers, especially in the package delivery industry:

“In the summer of 2022, Rafael Mota Frias died on the job on Prime Day, one of Amazon’s busiest times of the year, after complaining of chest pains and being sent back to work. Two other New Jersey Amazon workers died on the job within three weeks. At least 270 UPS and United States Postal Service drivers “have been sickened and in many cases hospitalized from heat exposure,” the New York Times reported. Data from OSHA shows at least four heat-related severe injuries of UPS workers since 2020.”

Other workers in the Garden State have it just as bad, Make the Road New Jersey wrote in an email on Thursday.

“Imagine picking blueberries, loading trucks or working on construction sites for a day in extreme 100+ degree weather under the blazing sun, without any shade or water,” the group stated. “This is the harsh reality for thousands of workers in New Jersey who do not have essential protections under the law against extreme heat.

• See Related: Working Outdoors In Hot Weather Can Be Deadly; OSHA Gives Safety Tips
• See Related: Workplace Deaths In NJ Reach Highest Level In Nearly 20 Years
• See Related: Be Patient With Public Workers During Heat Wave, NJ Mayor Pleads

‘A HOST OF UNINTENDED CONSEQUENCES’

Not so fast, a coalition made up of dozens of Garden State business advocacy groups argues.

The New Jersey Business and Industry Association (NJBIA) and 28 other pro-business organizations sent their own letter to lawmakers in Trenton this week, urging them to scrap the bill, which they say is “too broad,” “duplicative” and would make it a major headache for businesses that operate during warm weather.

Working in the summer months isn’t uncharted water for many Garden State business owners, who already have a wide variety of ways to combat the heat, the groups pointed out.

“This bill does not recognize that, however, and places an overwhelming, one size fits all regulatory burden on business in very different industries that present vastly different risks,” the coalition insisted.

The signatories – who represent industries including landscaping, garbage/recycling and craft beer manufacturing – outlined three major concerns in their letter:

UNINTENDED CONSIQUENCES – “First, the bill would force employers to stop work during periods of excessive heat unless a worker’s duties are essential. This excessive requirement would have a host of unintended consequences, including smaller paychecks for employees, disruptions to the normal course of business, and companies rethinking their decision to do business in our state during the summer. While excessive heat presents a hazard that must be addressed, employers have proven that they can provide safe workplaces for employees during these times. Some of the steps that employers are taking are recommended by the Occupational Safety and Health Administration (OSHA), including increased access to shade, water, and rest, misting fans, moisture wicking clothing, and cooling vests. Some states, including those in warmer climates, have implemented heat illness prevention standards but New Jersey would be the only state with a requirement such as this.”

STOP WORK ORDERS – “We have grave concerns with this bill providing the Labor Commissioner the authority to issue a stop-work order across a business’ entire operation. This bill would allow for the smallest of administrative errors to result in a company shuttering its operations across the state, not just the one accused of a violation. Hypothetically, a business with 100 locations across the state may have to close each establishment and send workers home if the Labor Commissioner issues a stop-work order to one site.”

FEDERAL RULES – “Finally, this bill would be duplicative because federal OSHA, which oversees occupational safety for private employers in New Jersey, is developing a heat standard covering indoor and outdoor workplaces. According to Acting Secretary of Labor Julie Su, OSHA and the Department of Labor could release a proposed heat standard by September.1 OSHA is also in the midst of a national emphasis program focused on the hazards posed by heat, which directs enforcement resources to this issue.2 If New Jersey implements a heat standard, employers will be forced to comply with one set of regulations this year and another set when OSHA implements its own. Our Legislature should be focused on making the regulatory environment easier for businesses to comply with, not more difficult.”

“We are committed to fostering safe workplaces, and will do exactly that this summer and every time there is a spike in temperature,” the coalition’s letter concludes. “We respectfully request that lawmakers reject this legislation in favor of the forthcoming OSHA heat standard that will apply uniformly across the U.S.”

But pro-worker advocates have countered that putting the burden in the hands of the feds is a recipe for disaster – an OSHA decision could be “years away,” as New Jersey Attorney General Matt Platkin noted in a recent letter to the Biden Administration.

Just days ago, a report from the New York Times suggested that if we see a change in administration in November, the proposed OSHA heat rule would “very likely be shelved and ignored.”

“Worker illness, injury and death from extreme heat is entirely preventable, and so the Legislature must advance this critical bill to protect workers from extreme heat as quickly as possible, as another scorching summer is predicted for New Jersey,” advocates wrote earlier this week.

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