HB2382 - 571R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-207, to read:

START_STATUTE23-207. Employer requirements; heat-related illnesses; cold-related illnesses; employer procedures; education and training; communication; definitions

A. When an employee is in an indoor worksite or an outdoor worksite and the employee experiences conditions at or exceeding a heat stress threshold of eighty degrees fahrenheit or more, the employer shall develop a written program to mitigate heat-related illnesses and injuries that may be experienced by an employee, which shall comply with all of the following:

1. Provide information on external factors that increase the likelihood of a heat-related illness, including increased metabolic workloads, radiant and conductive heat sources, increased humidity, decreased air movement and wearing of personal protective equipment.

2. include work processes that decrease the likelihood of a heat-related illness.

3. Include education and training information as prescribed in subsection W of this section.

4. Include information on how to read a thermometer. An employer shall display a working thermometer for every indoor worksite, outdoor worksite and vehicle worksite.

5. Include Information on how to use and where to locate personal protective equipment. An employer shall identify and implement engineering controls and administrative controls before relying on personal protective EQUIPMENT.

6. Include any Emergency response plan, procedure and relevant worksite contacts in case of an emergency.

7. Be updated at least annually, when working conditions change or when a heat-related illness occurs.

B. An employer shall provide access to free drinking water that is located as close as practicable to an employee's worksite. If drinking water is not plumbed or otherwise continuously supplied, the drinking water shall be provided in sufficient quantity at the beginning of a shift, which is a minimum of one quart of drinking water per hour, per employee. An employer shall encourage frequent drinking of water.

C. An employer shall require and encourage preventative cool-down rests of not less than ten minutes, in addition to the time that is needed to access a cool-down area. A cool-down area may be in the shade for an outdoor worksite or in an indoor breakroom for an indoor worksite. An employer shall comply with all of the following:

1. Ask an employee about signs or symptoms of a heat-related illness and encourage the employee to remain in a cool-down area until any signs of symptoms of a heat-related illness have been abated.

2. Not order the employee back to work if the employee displays signs or symptoms of a heat-related illness.

3. As applicable, provide a preventative cool-down rest period concurrently with any other meal or rest period that is required by policy, rule or law. If the preventative cool-down rest period coincides with an existing unpaid meal break, the preventative cool-down rest period is a work assignment and shall be compensated.

D. An employer shall closely monitor temperatures by using a globe thermometer and shall implement a workplace heat stress plan when temperatures are more than eighty degrees Fahrenheit. The globe thermometer may not be shielded from direct exposure to radiant heat while the globe thermometer is being measured. If an employee shows signs or reports symptoms of a heat-related illness, the employer shall immediately provide appropriate first aid or emergency response.

E. An employer shall allow an employee to work in the shade, as applicable, and shall provide an employee with access to shade:

1. As close to the worksite as possible while employees are present:

(a) If the temperature is more than eighty degrees Fahrenheit.

(b) On request of an employee when the temperature is not more than eighty degrees Fahrenheit.

2. To accommodate the number of employees on recovery or rest periods with at least four square feet per resting employee.

3. That is not more than the temperature of the worksite.

F. An employer shall provide necessary personal protective EQUIPMENT at no cost to an employee. If engineering controls and administrative controls are not sufficient to reduce and maintain the temperature and heat index to below eighty-seven degrees fahrenheit, an employee shall use personal protective equipment unless the employer demonstrates that the use of personal protective equipment is not feasible.

G. An employee who spends more than sixty minutes in vehicles each day or whose worksite is considered a vehicle shall have adequate air conditioning that is available inside the vehicle and that is MAINTAINED according to the manufacturer's instructions to keep temperatures less than eighty degrees Fahrenheit.

H. An employer shall provide time for new and returning employees to acclimatize to a heat temperature, as follows:

1. An employee may not be exposed to more than twenty percent of the usual duration of work in a hot ENVIRONMENT on day one and not more than a twenty percent increase each day for seven to fourteen consecutive days If an employee is newly assigned to a heat worksite.

2. If an employee has been absent from a heat worksite for more than seven days, the employee may only work twenty percent of the employee's normal duration on the first day and gradually increase work duration over a two-week period.

I. An employer shall implement high heat procedures when the temperature is ninety degrees fahrenheit or more or when a heat wave is experienced. During a heat wave:

1. An employer shall ensure that the employee takes a minimum ten-minute net preventative cool-down rest period every two hours. If the preventative cool-down rest period coincides with an existing unpaid meal break, the preventative cool-down rest period is a work assignment and shall be compensated.

2. WHEN the temperature equals or exceeds one hundred degrees Fahrenheit, an employer shall ensure that an employee takes a minimum ten-minute net preventative cool-down rest period every hour. If the preventative cool-down rest period coincides with an existing unpaid meal break, the preventative cool-down rest period is a work assignment and shall be compensated.

3. An employer shall ensure that an employee is closely monitored during the heat wave by either personally observing the employee or through a designee.

J. An employer shall develop a written program for WHEN an employee is in an indoor worksite or an outdoor worksite and the employee experiences conditions of sixty degrees fahrenheit or less. The written program must be updated at least annually, mitigate cold-related illnesses and injuries experienced by an employee and include all of the following:

1. How to identify and incorporate work processes and external factors that would decrease the likelihood of a cold-related illness.

2. Information on cold-related illness prevention and how to recognize and report cold-related illnesses.

3. The location of warm liquids and warm areas for use during break periods.

4. Information to Ensure access to wind personal protective equipment based on the wind speed.

5. Education and training on how to prevent a cold-related illness or injury.

6. Information on any emergency response plan, procedure and relevant worksite contact information in case of an emergency.

7. Information on how to access prompt medical attention for an employee who shows signs of a cold-related illness or injury.

8. Schedules that are designed to reduce the time an employee will spend in a cold ENVIRONMENT and to reduce the physical demands during cold exposure.

9. Information on medical monitoring to ensure an employee's health and protection.

K. An employer shall provide and display a thermometer for employee use at all worksites to monitor the temperature indoors, outdoors and in vehicles.

L. An employer shall identify and implement engineering controls and administrative controls before relying on personal protective equipment.

M. An employer shall provide access to free drinking water that is located as close as practicable to an employee's worksite. If drinking water is not plumbed or otherwise continuously supplied, the drinking water shall be provided in sufficient quantity at the beginning of a shift, which is a minimum of one quart of drinking water per hour, per employee. An employer shall encourage frequent drinking of water.

N. An employer shall require and encourage preventative breaks at the duration of not less than ten minutes, in addition to the time needed to access the warm-up area for an outdoor worksite or a warm breakroom for an indoor worksite. An employer shall comply with all of the following:

1. Ask an employee about signs or symptoms of a cold-related illness and encourage the employee to remain in a warm-up area until any signs of symptoms of a cold-related illness has been abated.

2. Not order the employee back to work if the employee displays signs or symptoms of a cold-related illness.

3. As applicable, provide a preventative warm-up rest concurrently with any other meal or rest period required by policy, rule or law. If the warm-up rest period coincides with an existing unpaid meal break, the warm-up rest period is a work assignment and shall be compensated.

O. An employer shall closely monitor temperatures and implement a workplace cold stress plan when temperatures are below sixty degrees Fahrenheit. If an employee shows signs or reports symptoms of a cold-related illness, the employer shall immediately provide appropriate first aid or emergency response.

P. An employer shall provide a warm location for breaks that shall be made available when the temperature is below sixty degrees Fahrenheit. When the outdoor temperature in the worksite is below sixty degrees Fahrenheit, the employer shall have and maintain one or more areas with adequate warmth at all times while employees are present. The size of the warm location shall be at least enough to accommodate the number of employees on recovery or rest periods, with at least four square feet available per each resting employee. The rest location shall be located as close as practicable to the areas where employees are working.

Q. When the outdoor temperature in the worksite is below sixty degrees Fahrenheit, an employer shall provide warmth pursuant to subsection N of this section or provide timely access on an employee's request. An employee shall be allowed and encouraged to take a preventative warm-up rest break when the employee feels the need to do so to protect against cold stress.

R. An employer shall provide necessary personal protective EQUIPMENT at no cost to an employee that includes clothing to ensure the ears, face, hands and feet are protected during a cold wave. An employer shall take into account any risk factors related to increased heat due to wearing personal protective equipment even in cold temperatures.

S. An employee who spends more than sixty minutes in vehicles each day or whose worksite is considered a vehicle shall have adequate heating that is available inside the vehicle and that is maintained according to the manufacturer's instructions to keep temperatures above sixty degrees fahrenheit.

T. An employer shall ensure that if an employee's skin, clothing or personal protective equipment gets wet, the employee is immediately removed form the worksite and taken to a warm-up area to have the wet clothing or personal protective equipment removed and may not return to work until the wet items have been replaced.

U. An employer shall communicate with an employee in the following manner:

1. By voice, observation or electronic means. A cell phone or text messaging device may be used only if reception in the area is reliable.

2. By Observing an employee for alertness and signs or symptoms of a cold-related illness. An employer shall effectively observe and monitor an employee by implementing one or more of the following:

(a) A mandatory buddy system.

(b) Direct observation by a supervisor or designee of twenty or fewer employees.

V. An employer shall implement effective emergency response procedures when an employee experiences any stage of a heat-related illness or a cold-related illness that includes all of the following:

1. clear and precise directions to worksite locations for transient, field and solo employees.

2. Current on-site emergency contact information for employees and supervisors with directions on how to EFFECTIVELY communicate with off-site supervisors and emergency medical personnel.

3. Clear directions for supervisor to take immediate action, if a supervisor observes or an employee reports any signs or symptoms of a heat-related illness or cold-related illness.

4. Current contact information for emergency medical services.

5. Clear direction on how to transport an employee to a place where the employee can be reached by emergency medical PERSONNEL.

6. Clear direction on how to administer FIRST AID at the worksite and how to safely remove an employee from a worksite due to a heat-related illness or a cold-related illness. If the employee experiences a heat-related illness or a cold-related illness while at the worksite, the employee is on duty and shall be fully compensated.

W. An employer shall provide a free, effective training program to an employee that shall be administered by the employer at the time of hire for new employees and every year for current employees and supervisors. The training materials shall include appropriate content and vocabulary to communicate effectively with the educational level, literacy and LANGUAGE of an employee. The training must provide an opportunity for interactive questions and answers with a person who is knowledgeable in the subject matter as it relates to the workplace that the training addresses and who is also knowledgeable in the employer's procedures. A refresher training shall be provided as needed. To increase the effectiveness of the trainings, an employer may repeat the training or hold short meetings before each workday, as necessary. Retraining sessions are required when a cold wave or heat wave occurs or if there is an anticipated cold wave or heat wave. An employer shall make copies of the training materials and make the materials available to employees, government officials and representatives of the an employee within one business day on request at no cost. An employer shall provide a free, effective training program to an employee during working hours that includes at a minimum:

1. Information on the risk factors, signs and symptoms of cold stress, heat stress, heat-related illnesses and cold-related illnesses that includes necessary medical responses.

2. Information on indoor temperature stress thresholds and outdoor temperature stress thresholds, including that In indoor temperature-regulated ENVIRONMENTS that include offices and schools, the indoor temperature must fall between sixty-eight and one-half to seventy degrees fahrenheit when the outdoor temperature is less than fifty-five degrees fahrenheit. If the outdoor temperature is greater than eighty-five degrees fahrenheit, the indoor temperature must fall between seventy-five and eighty and one-half degrees fahrenheit.

3. Information on how to monitor the temperature and humidity conditions and how workers can participate in the monitoring process that includes procedures and appropriate contact information for when temperature conditions change.

4. Appropriate engineering control measures and administrative control measures for temperatures and humidity, including the importance of rest breaks.

5. The purpose, importance and methods of acclimatization pursuant to the employer's procedures.

6. Instruction on the types of personal protective equipment, including hats, gloves, winter coats, cooling rags, ice vest, sunscreen and other similar products.

7. Information on the additional physiological burden that is caused by using personal protective EQUIPMENT and how an employer will factor this additional burden into a worker heat load that includes methods for proper donning and doffing personal protective equipment.

8. Information for medical monitoring provisions and employee access to records.

9. Information on Emergency response procedures, including communication procedures and appropriate contacts for employees and supervisors during each step of a response.

10. Procedures for employees and supervisors to report acute and delayed onset symptoms of a heat-related illness or a cold-related illness and that any reporting is free from retaliation.

X. An employer shall:

1. Collect and maintain data and records as required on all temperature-related illnesses and fatalities that occur at an outdoor worksite or an indoor worksite.

2. Make reports available for free to any employee, GOVERNMENT office or representative of an employee within one business day on request.

3. Be subject to fines for not adhering to the mandatory recordkeeping and written program protocols.

Y. An employer shall develop a clear system and appropriate points of contact for workers to report hazardous working conditions and heat-related illnesses or cold-related illnesses. An employer shall be considered in violation of this section if an employee is retaliated or discriminated against for raising concerns and reporting incidents of illness or injury.

Z. This section applies to an employee regardless of the employee's immigration status.

AA. For the purposes of this section:

1. "Acclimatization", "acclimatizing" or "acclimatize" means the temporary physiological adaptation of the body to work in hot environments that occurs gradually.

2. "Administrative control":

(a) Means a method to limit exposure to a hazard by adjustment of work procedures, practices or schedules.

(b) Includes any of the following:

(i) Acclimatizing employees.

(ii) Rotating employees.

(iii) Scheduling work earlier or later in the day.

(iv) ORGANIZING work locations and tasks at certain times of the day to avoid direct sunlight.

(v) Using work and rest schedules.

(vi) Reducing work intensity or speed.

(vii) Reducing work hours.

(viii) Changing required work clothing.

3. "Cold-related illness":

(a) Means a serious medical condition resulting from the body's inability to cope with cold temperatures.

(b) Includes any of the following:

(i) Trench foot.

(ii) Frostbite.

(iii) Hypothermia.

(iv) Chilblains.

4. "Cold wave" means any day in which there is a rapid fall in temperature within a twenty-four-hour period that requires substantially increased protection to agriculture, industry, commerce and social activities.

5. "Cool-down area":

(a) Means an indoor or outdoor area that is blocked from direct sunlight and shielded from other high radiant heat sources and is either open to the air or provided with ventilation or cooling. For the purposes of this subdivision, block from direct sunlight occurs when objects do not cast a shadow in the area of blocked sunlight.

(b) Does not include a location where:

(i) ENVIRONMENTAL risk factors defeat the purpose of allowing the body to cool.

(ii) Employees are exposed to unsafe or unhealthy conditions.

(iii) Employees are deterred or discouraged from accessing or using the cool-down area.

6. "Drinking water":

(a) Means fresh, pure, cool, potable water that is provided free of charge to employees.

(b) Includes electrolyte replenishing beverages that do not contain caffeine.

7. "Employee":

(a) Means An individual who provided labor or services within the scope of this article for payment from a private entity or business that is located in this state.

(b) Includes:

(i) private sector workers.

(ii) Public sector workers.

(iii) part-time workers.

(iv) independent contractors.

(v) Day laborers.

(vi) Farmworkers.

(vii) Any other temporary and seasonal worker.

(viii) Staffing agency employees.

(ix) Contractors or subcontractors that are employed on behalf of an employer at any worksite.

(x) Individuals who deliver goods or transport employees at, to or from a worksite on behalf of an employer, regardless of whether delivery or transport is conducted by an individual or entity that would otherwise be deemed an employer under this article.

8. "Employer" means any of the following:

(a) An individual.

(b) A partnership.

(d) A corporation.

(e) A limited liability company.

(f) A business trust.

(g) A legal representative.

(h) A public entity.

(i) Any organized group that acts as an employer within the scope of this section.

9. "Engineering controls":

(a) Means the use of substitution, isolation, ventilation and equipment modification to reduce exposure to a heat-related illness that is related to workplace hazards and job tasks.

(b) Includes any of the following:

(i) Isolation from hot processes.

(ii) Isolation of employees from sources of heat.

(iii) Air conditioning.

(iv) Cooling fans.

(v) Cooling mist fans.

(vi) Evaporative coolers or swamp coolers.

(vii) Natural ventilation where the outdoor temperature and heat index is lower than the indoor temperature and heat index.

(viii) Local exhaust ventilation.

(ix) Shield from radiant heat source.

(x) insulation from hot surfaces.

10. "Heat-related illness":

(a) Means a serious medical condition that results from the body's inability to cope with a particular heat load.

(b) Includes any of the following:

(i) Heat cramps.

(ii) Heat exhaustion.

(iii) Heat syncope.

(iv) Heat stroke.

11. "Heat wave" means any day in which the predicted high temperature for the day will be at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days.

12. Indoor temperature stress threshold means a temperature of more than eighty degrees fahrenheit or less than sixty degrees fahrenheit.

13. "Indoor worksite":

(a) Means any enclosed work vehicles and any space between a floor and a ceiling that is bound on all sides.

(b) Does not include an outdoor worksite as defined in paragraph 4 of this section.

14. "Outdoor Temperature Stress Threshold" means a temperature of more than eighty degrees fahrenheit or less than sixty degrees fahrenheit.

15. "Outdoor worksite":

(a) Means an employer that employes employees to perform work in an outdoor ENVIRONMENT.

(b) Includes any of the following locations:

(i) Sheds.

(ii) Tents.

(iii) Greenhouses.

(iv) Other structures where work activities are conducted inside and the temperature is not managed by devices that reduce heat or cold exposure or aid in heating or cooling, such as an air conditioning system, heaters, fans or humidifiers.

(c) Does not include incidental exposure when an employee is required to perform a work activity outdoors for not more than fifteen minutes within a sixty-minute period.

16. "personal protective equipment" means the protective gear, uniforms and clothing to withstand temperatures at or exceeding the stress thresholds.

17. "Preventative cool-down rest" means a rest taken in a cool-down area to prevent overheating.

18. "Temperature" means the temperature that is measured by a globe thermometer, which is a type of apparent temperature used to estimate the effect of any of the following:

(a) The temperature.

(b) the humidity.

(d) The wind chill.

(e) Any visible and infrared radiation. END_STATUTE