‘Extreme Heat’ On The Job: Proposed New Jersey Law Sees Cheers, Boos

NEW JERSEY — A tug-of-war over a proposed state law involving “extreme heat” in the workplace continues in New Jersey.

On Thursday, the Assembly Labor Committee voted 8-4 to advance a bill that would beef up protections for New Jersey workers who face potentially dangerous temperatures on the job – whether it’s indoors or outdoors.

The bill, A-5022, faces further review in the Assembly. A companion bill has been introduced in the Senate.

Labor advocates say the bill will be a big win for construction workers, airport employees, hospital and nursing home staff, people who unload trucks, farm workers and warehouse workers, among many other professions.

Critics of the bill argue that it is “vague” and has an “overly broad” enforcement mechanism that will drive up the cost of doing business in New Jersey – and possibly spur lawsuits.

“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,” the bill states. “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.”

If it crosses the finish line, the proposed law would require employers to create heat-illness and injury-prevention plans for work in extreme heat conditions. These include providing workers with clean 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.

The bill would also require employers to track heat-related deaths and illnesses, protect workers reporting heat related concerns, and give regulators the power to investigate complaints and take appropriate action to avoid preventable illness and injury.

The state labor commissioner would be required to adopt regulations on what constitutes “excessive heat.” Until those rules are adopted, the legislation defines excessive workplace heat as 85 degrees Fahrenheit or above. However, at indoor workplaces where “employees wear clothing that restricts heat removal” or work in a “high radiant heat area,” the standard would be 80 degrees.

The bill would force employers to stop work during periods of “excessive heat” unless a worker’s duties are deemed essential.

Businesses that fail to comply could be hit with a fine up to $500 for the first violation and up to $1,000 for each subsequent violation.

Amusement parks and businesses that are “directly involved in the protection of life or property” – such as evacuation, rescue, medical, structural firefighting, law enforcement, lifeguarding or road/utility repair – would be exempt from the regulations.

‘WORKERS CAN DIE, WE CAN’T LET THAT HAPPEN’

Labor unions, community organizations and environmental advocates from across the state applauded the committee’s vote this week, including Make the Road New Jersey, Teamsters Local 177, Teamsters JC 73, NJEA, 32BJ, 1199, LiUNA, HPAE, WarehouseLife, CWA, Make the Road NJ, Blue-Green Alliance, NELP, NJ WEC, CATA Immigrants, and Jersey Renews.

Make The Road New Jersey, an advocacy group that supports worker and immigration rights, said this week’s committee vote comes after “countless testimonies” from workers, Statehouse rallies, public warnings from workers, letters sent to the Legislature, and experts weighing in about the dangers of working in extreme heat.

“New Jersey is now the third-fastest warming state in the country, which leaves our state’s workers particularly vulnerable to the impacts of climbing temperatures,” the group said.

Meanwhile, the chances for a national heat rule from OSHA narrows under the current administration,” advocates added.

Several workers who have faced hot temperatures on the job spoke in support of the proposed heat law in New Jersey.

Extreme heat is not just uncomfortable – it can be deadly, attested Gerry Cortez, a driver with UPS.

“No one should have to choose between their job and their health,” Cortez said.

Rafael Escalante said that working in the service industry has allowed him to gain financial stability – but it has come at a cost.

“I’ve endured challenging conditions with limited protections, including unbearable heat,” Escalante said. “Despite raising concerns with my employers, no action has been taken, leaving me and my coworkers to suffer in dangerous conditions without access to shade, water or rest.”

Michael Marchello, a union leader with Teamsters Local 641, said that he can remember “unloading trucks in the hot sun, feeling the exhaustion set in – and nearly being sent home due to the heat.”

“Extreme heat isn’t a seasonal inconvenience anymore… it’s a life-or-death issue,” Marchello urged.

32BJ SEIU Vice President Ana Maria Hill said that the proposed law would be a huge relief for commercial cleaners, school custodians and handypeople, security officers, residential building workers and airport workers.

“Workers can die from heat exposure,” Hill said. “We can’t let that happen in New Jersey.”

‘IMPRACTICAL, VAGUE AND COSTLY’

The proposed law has also seen stiff criticism from pro-business groups, including the New Jersey Business and Industry Association (NJBIA).

“For our members, the prevention of employee illness through exposure to heat has always been and continues to be a critical part of maintaining an effective workplace safety program,” NJBIA Vice President of Government Affairs Elissa Frank wrote in a memo to the Assembly Labor Committee prior to Thursday’s vote.

“However, our members have found that it would be extraordinarily difficult for them to comply with this legislation given its sheer impracticality, vagueness, costs, and industrial workplace-oriented standards that do not fit the needs of all businesses and clearly makes New Jersey an outlier regarding this new overly burdensome mandate,” Frank said.

Frank noted the bill would force employers to stop work during periods of “excessive heat” unless a worker’s duties are deemed essential.

“An expansive definition of ‘non-essential’ could result in long-term closure of businesses; employers will struggle to determine what is ‘non-essential;’ and disputes over whether tasks are essential will lead to unnecessary litigation,” Frank said.

“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,” Frank added.

Frank also noted that the NJBIA has “grave concerns” with a provision in the bill that would give the state commissioner of labor the authority to issue a stop-work order affecting all operations at company worksites – including facilities where no violations occurred.

“This bill would allow for the smallest of administrative errors to result in a company shuttering its operations across the state, not just its one facility accused of a violation,” Frank wrote.

Frank also argued that state taxpayers would also bear the cost of hiring more employees to enforce the new heat regulations.

“State agencies are preparing to implement substantial budget cuts, which will likely impact public services that businesses rely on, such as permitting, infrastructure maintenance, and workforce development programs,” she said. “Introducing new expenditures and mandates under these conditions risks further burdening the business community and governmental entities and undermining efforts to support economic growth.”

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