NJ Workers May Get Relief Under Proposed Federal ‘Extreme Heat’ Rule

NEW JERSEY — The heat is rising for employers who put their workers at risk of “extreme” temperatures on the job, including in New Jersey.

The U.S. Department of Labor recently proposed a federal regulation that it says would protect nearly 36 million of workers. More information about the proposed changes can be seen online here.

Why is the rule needed? According to the Occupational Safety and Health Administration (OSHA), it’s literally a matter of life and death:

“Heat is the leading cause of death among all hazardous weather conditions in the United States … According to the Bureau of Labor Statistics, 479 workers in the U.S. died from exposure to environmental heat from 2011-2022, an average of 40 fatalities per year in that time period. Additionally, there were 33,890 estimated work-related heat injuries and illnesses that resulted in days away from work from 2011-2020, an average of 3,389 per year in that time period. However, these statistics for occupational heat-related illnesses, injuries, and fatalities are likely vast underestimates.”

The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime and agriculture sectors where OSHA has jurisdiction.

Koshy Koshy, an associate professor at the Rutgers School of Public Health, said the rule changes would force employers to evaluate heat risks and implement requirements for drinking water, rest breaks control of indoor heat when necessary. It would also require supervisors to be trained to recognize heat stress.

The rule changes would also require a plan to protect new or returning workers who are unaccustomed to working in high heat conditions, a significant move since nearly half of all heat-related deaths take place on a worker’s first day on the job, experts say.

Outdoor employees such as construction workers and farm workers are at particular risk when the thermometer starts soaring. Emergency responders are also at risk, as seen in a recent fire that took place in North Jersey, where three local firefighters suffered heat exhaustion while battling the blaze.

You don’t have to work outside to be put in danger, OSHA officials say: others at risk of extreme heat include factory workers who toil near hot ovens and furnaces, pregnant workers, and workers with medical conditions.

“Every worker should come home safe and healthy at the end of the day, which is why the Biden-Harris administration is taking this significant step to protect workers from the dangers posed by extreme heat,” Acting Secretary of Labor Julie Su said.

“Workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them,” agreed Doug Parker, assistant secretary for occupational safety and health.

Some New Jersey labor advocates have insisted that the federal rule isn’t enough, however, claiming that action is needed now – before an already sweltering summer gets any worse.

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.

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 their new regulations in September, they argue.

• See Related: Battle Over Hot Workplace Law Ignites In NJ As Sweltering Summer Heats Up

Despite the objections of critics, supporters of the proposed New Jersey law continue to fight for the bill and the workers that they say it would protect.

Truck drivers for airline caterer Gate Gourmet, who transport and unload catering carts for United Airlines and other airlines operating out of Newark Airport, say the job is grueling in the summer months. And a bill like S-2422/A-3521 would be a welcome relief, they say.

"This is a physically strenuous job that also exposes workers to hot temperatures, especially during the summer months, and workers report that some trucks lack working air conditioning units," spokespeople said.

The union representing the workers, Unite Here Local 100, and advocacy group Make the Road New Jersey plan to hold a news conference in support of the proposed law on Thursday afternoon outside Gate Gourmet's airline catering facility at 855 Woodruff Lane in Elizabeth.

Send news tips and correction requests to eric.kiefer@patch.com. Learn more about advertising on Patch here. Find out how to post announcements or events to your local Patch site.