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Bill

KE

Bill

A 1995

Establishes "Occupational Heat-Related Illness and Injury Prevention Program" and occupational heat stress standard in DOLWD.

2026-2027 Regular Session Introduced by Kevin Egan and 4 co-sponsors

Establishes a state-wide heat stress standard and employer plans with training, monitoring, rest breaks, drinking water, shade, and enforcement to prevent heat-related illness.

Introduced, Referred to Assembly Labor Committee
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WeVote Research Nonpartisan
Bill Summary · A 1995

Summary of Bill A 1995 (Session 222, New Jersey)

Purpose and intent

  • Establish a comprehensive framework to protect workers from heat-related illnesses and injuries.
  • Create an Occupational Heat-related Illness and Injury Prevention Program within the Department of Labor and Workforce Development (DOLWD) and require the adoption of a state heat stress standard.
  • Address the absence of a federal OSHA heat standard by advancing state-level protections, with alignment to federal standards if applicable.

Key provisions and changes

Heat stress standard and prevention plan (Section 3)

  • By June 1, 2025, the Commissioner of DOLWD must establish by rule a heat stress standard.
  • The standard must set heat-stress trigger levels and require every employer to develop, implement, and maintain a heat-related illness and injury prevention plan.
  • The plan must be:
    • Developed with meaningful employee participation, including collective bargaining representatives where applicable.
    • Written in English and in the language understood by employees.
    • Available to employees, representatives, and the commissioner.
    • Supported by a model plan from the Commissioner, with training components, and allow employers to adopt the model, modify it, or create their own plan that meets requirements.
  • Plans must include: exposure monitoring, drinking water provisions (cool or cold water specified by temperature ranges), paid rest breaks, shade/cooling areas, emergency response, limits on daily heat exposure, and a heat-alert program for non-climate-controlled environments (with actions to postpone non-essential tasks, increase rest allowances, hydration reminders, and environmental monitoring where feasible).
  • Training: annual training for employees and supervisors on risk factors, symptoms, controls, reporting, record-keeping, emergency procedures, and employee rights.
  • Records: employers must maintain heat risk assessments, incident data, environmental/physiological measurements, and related records, available for inspection and kept for at least three years.
  • Compliance deadlines: general requirements begin 30 days after the act’s effective date for retaliation provisions and 60 days after rule adoption for heat standard enforcement.

Exemptions (Section 3)

  • Amusement parks are exempt from the act’s requirements.
  • Commercial farms are exempt from most provisions, except those specified in Section 15 (farm-specific plan, water/rest breaks, shade, emergency response, training, and record-keeping). A separate NJ Department of Agriculture plan governs farm workers.

Enforcement and penalties (Sections 7–11)

  • Commissioner authority to investigate, inspect records, compel statements, and enforce compliance.
  • Administrative penalties: $500–$2,000 per employee for violations, adjustable every five years with CPI; penalties may be collected via the Penalty Enforcement Law.
  • Stop-work orders: the Commissioner may issue stop-work orders for non-compliance, with due process including a hearing and the possibility of daily penalties ($2,000 per day).
  • Civil actions: affected employees may sue for remedies including fines, reinstatement, back pay, and costs; action must be filed within one year of the violation.
  • Penalty and enforcement provisions are designed to deter retaliation against employees who exercise protections under the act.

Retaliation protections (Section 4)

  • Prohibits retaliation for exercising rights under the act, with a rebuttable 90-day presumption of unlawful retaliation for adverse actions within that window.
  • Expanded retaliation protections for reporting safety concerns, seeking assistance, refusing unsafe work, initiating proceedings, or testifying.

Administrative and procedural (Sections 5–6, 12–16)

  • Clarifies interaction with existing collective bargaining agreements (CBAs) and provides exemptions for certain CBA-covered work or where a more protective CBA exists.
  • Aligns state standard with federal standards if the latter are more favorable to employees.
  • Establishes the Occupational Heat-related Illness and Injury Prevention Program within DOLWD to enforce the act and disseminate outreach/education.
  • Annual review and update requirement for each employer’s heat plan; annual reporting cycle for plan updates.

Who is affected

  • Employers in New Jersey (private and public sector) not otherwise exempt.
  • Most workers in workplaces with potential heat exposure, including indoor non-climate-controlled environments and outdoor settings.
  • Specific exemptions for amusement parks, most commercial farms (with farm-specific provisions), and emergency/public safety operations when engaged in protective activities.
  • Labor unions and CBAs, which can influence plan development and protections.

Timeline and effective dates

  • Immediate default effect, with key rulemaking and plan adoption required by June 1, 2025.
  • Heat standard provisions would become effective after rule adoption, with staged implementation and annual plan reviews thereafter.
  • Rules may be adopted immediately upon filing, with a temporary 365-day effect if used.

Note: The bill emphasizes worker safety, employer accountability, and alignment with federal standards to enhance protections against heat-related illness and injury.

Compiled from official sources — confirm details with the bill’s official record.

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