Beating the Heat Without Beating Up Business

By Elissa Frank, NJBIA Vice President of Government Affairs On Jul 30, 2024

As employers, we are committed to providing safe workplaces free from hazards, including extreme heat.

During summer, businesses utilize proven safety methods and modern technologies to recognize signs of heat stress and adapt operations when necessary. Unfortunately, a bill introduced in the Legislature (S-2422/A-3521) mandating expedited state rulemaking on heat in indoor and outdoor workplaces, fails to recognize that.

This bill would force employers to stop work during periods of excessive heat unless a worker’s duties are deemed essential. This requirement would bring many unintended consequences, including smaller paychecks for employees because of reduced business hours, disruptions to business operations and companies rethinking their decision to do business here. 

Employers have proven that they can provide safe workplaces for employees during heat waves. Some of the steps employers follow are recommended by the U.S. Occupational Safety and Health Administration (OSHA), including increased access to shade, water, rest, misting fans, moisture wicking clothing, and cooling vests. 

Additionally, this bill would provide the state Labor Commissioner with the power to issue a stop-work order across a business’ entire operation. This means the smallest of administrative errors could result in a company shuttering its operations across the state, not just the one accused of a violation. A business with 100 locations across the state may have to send all workers home if the Labor Commissioner issues a stop-work order to one site.

Finally, this bill is duplicative because OSHA, which oversees occupational safety for private employers in all states, is currently developing a heat standard for indoor and outdoor workplaces. Public comment on this OSHA rule is taking place this fall.

In the meantime, OSHA is running a National Heat Emphasis Program focusing resources on this issue to encourage early interventions by employers to prevent illnesses and deaths among workers during high heat conditions.

If New Jersey implements its own heat standard, employers will be forced to comply with one set of regulations this year and another set after OSHA implements its own. Our Legislature should be focused on making the regulatory environment easier for businesses, not more difficult.

NJBIA and our member companies are committed to fostering safe workplaces and are doing exactly that every time the temperature spikes. We request that lawmakers reject this legislation in favor of the forthcoming OSHA heat standard that will apply uniformly nationwide. 

To access more business news, visit NJB News Now.

Related Articles: