Albuquerque, NM — A proposed rule from the New Mexico Environment Department would require employers to establish, implement and maintain an “effective heat illness prevention plan” for indoor and outdoor workers.
Comments are being accepted until May 30 on the proposed rule, which if implemented would go into effect July 1. It would apply to employers in general industry, construction and agriculture, as well as convenience store owners.
A heat exposure assessment would be required when the heat index reaches 80° F. Once that threshold is met, employers would have to implement five control measures:
1. Acclimatization. Workers who have been newly assigned to a work area where the heat index exceeds 80° F shall be closely observed by a supervisor or designee for the first seven days of their employment. A work schedule must be no longer than 20% of the usual duration on the first day, and not increase more than 20% each subsequent day. For workers returning after an absence of seven days or more, the first-day work schedule in the heat must be 50% of usual duration, followed by an incremental 20% increase on each subsequent day.
2. Provision of fluids. Provide workers with drinking water and hydrating fluids with electrolytes and carbohydrates. At least 1 quart of drinking water per hour must be provided at no charge to workers and as close to the work area as practical. Work pauses must occur to allow workers to hydrate.
3. Regular rest breaks. Workers must be provided paid rest breaks, and a rest schedule should be established in the written heat illness prevention plan.
4. Cooling areas. Shaded or artificially cooled areas, such as with air conditioning and/or fans, must be established and maintained. Supervisors must assess the need for cooling areas before work begins at each jobsite. The areas must be placed as close to a worksite as possible and be able to accommodate all workers.
5. Personnel monitoring. Employers must implement regular communication with lone workers, a buddy system among workers, self-monitoring and communication with supervisors on heat illness symptoms, and/or other observation and communication methods to properly identify heat illness.
Employers would have to provide training on heat illness at the start of employment, as well refresher training every year after. They’d also be required to maintain records on acclimatization schedules, training, and heat illnesses and injuries for at least five years.
The deadline to submit a comment is 5 p.m. MST on May 30.
