Summary as Introduced
Creates the Workplace Extreme Temperature Safety Act. Provides that the Director of Labor shall adopt rules to establish excessive heat and excessive cold standards. Sets forth temporary excessive heat and excessive cold standards. Provides that, on or before January 1, 2026, the Director shall establish by rule an occupational temperature-related illness and injury prevention plan. Sets forth provisions concerning retaliation; violations; penalties; and enforcement of the Act.
Staff Analysis
House Bill 3762 proposes the creation of the Workplace Extreme Temperature Safety Act. This legislation aims to enhance worker safety by addressing the risks associated with extreme temperature conditions in the workplace.
Key Provisions of HB 3762:
1. Development of Temperature Standards: The bill mandates the Director of Labor to adopt rules establishing standards for excessive heat and cold in workplaces. These standards are intended to protect employees from temperature-related illnesses and injuries.
2. Temporary Standards Implementation: Until the official standards are in place, the bill sets forth temporary measures to safeguard workers from extreme temperatures.
3. Occupational Prevention Plan: By January 1, 2026, the Director is required to establish an occupational temperature-related illness and injury prevention plan. This plan will provide guidelines for employers to identify and mitigate risks associated with extreme temperatures.
4. Anti-Retaliation Measures: The legislation includes provisions that prohibit employers from retaliating against employees who report violations of the Act or who express concerns about extreme temperature conditions in their workplace.
5. Enforcement and Penalties: HB 3762 outlines enforcement mechanisms and penalties for non-compliance, ensuring that employers adhere to the established standards and prevention plans.
Enactment in Other States:
As of 2025, five states have implemented occupational heat standards:
1. California: Established in 2005, California’s Heat Illness Prevention Standard requires employers to provide training, water, shade, and planning when temperatures exceed 80°F.
2. Colorado: In 2021, Colorado enacted legislation mandating that employers develop safety procedures and implement training measures for all employees when the temperature at a worksite is, or is forecasted to be, at least 80°F.
3. Minnesota: Minnesota’s standard applies to indoor workplaces, regulating ventilation and temperature to prevent heat stress.
4. Oregon: Oregon has comprehensive heat rules covering both indoor and outdoor workplaces. Employers are required to provide access to shade and cool water, with specific measures triggered at a heat index of 80°F.
5. Washington: Washington State’s Outdoor Heat Exposure Rule mandates that employers provide sufficient water, rest breaks, and shade when temperatures reach certain levels.