Workers' Compensation: New Jersey's S2422: Blazing a Trail for Worker Heat Protection Amid Federal Uncertainty

New Jersey Senate Bill S2422 provides for an occupational heat standard and aims to protect workers. The state-level proposal is critical in light of the recent US Supreme Court decision on Federal regulations.

Key points of Senate Bill S2422:

Establishes a heat stress standard to be implemented by the Commissioner of Labor and Workforce Development by June 1, 2025.
It requires employers to develop, implement, and maintain employee heat-related illness and injury prevention plans within 30 days of the bill's effective date.
Sets specific requirements for the prevention plans, including:

Monitoring employee exposure to heat
Providing cool drinking water
Offering paid rest breaks and access to shade or cool-down areas
Emergency response procedures
Limiting exposure time to heat
Implementing heat alert programs

Mandates annual training and education for employees on heat-related illness risks and prevention.
Establishes record-keeping requirements for employers.
Creates an "Occupational Heat-related Illness and Injury Prevention Program" within the Department of Labor and Workforce Development.
Includes anti-retaliation provisions and penalties for violations.

How it will protect workers:

Proactive prevention: The bill aims to prevent heat-related illnesses and injuries before they occur by requiring employers to develop and implement heat illness prevention plans.
Education and awareness: Mandatory training will help workers recognize signs of heat-related illness and understand prevention measures.
Access to water and rest: The bill ensures workers have access to cool drinking water and paid rest breaks during hot conditions.
Monitoring and adaptation: Employers must monitor heat levels and adjust work practices accordingly.
Emergency response: The bill requires procedures for responding to heat-related emergencies.
Enforcement and accountability: The bill includes provisions for investigations, penalties, and stop-work orders to ensure compliance.

Why propose a state-level standard now:

Lack of federal standard: A specific federal OSHA standard for heat exposure would close the gap in worker protections.
Climate change concerns: As the bill mentions, 18 of the last 19 years were the hottest on record, increasing the urgency of heat protection.
Recent Supreme Court ruling on Chevron doctrine: The recent Supreme Court decision limiting the Chevron doctrine may impair OSHA's ability to implement new federal standards without explicit Congressional authorization. This creates uncertainty around potential federal action on heat exposure.
State-level action: Other states (California, Oregon, Washington, and Minnesota) have already implemented their heat standards, setting a precedent for state-level action.
Immediate protection: By implementing a state-level standard, New Jersey can provide more immediate protections for workers without waiting for potential federal action.

In conclusion, Senate Bill S2422 aims to provide comprehensive protection for workers against heat-related illnesses and injuries through prevention, education, and enforcement measures. The state-level proposal allows New Jersey to respond quickly to increasing heat concerns and potential limitations on federal regulatory action.

Recommended Citation: Gelman, Jon L., New Jersey's S2422: Blazing a Trail for Worker Heat Protection Amid Federal Uncertainty, www.gelmans.com (07/22/2024) https://workers-compensation.blogspot.com/2024/07/new-jerseys-s2422-blazing-trail-for.html

......

ORDER NOW

....

*Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon Gelman 1.973.696.7900
jon@gelmans.com has represented injured workers and their families who have suffered occupational illnesses and diseases.