NJ Takes Bold Step to Protect Workers from Heat-Related Risks: Bill A.B. 5022

In the United States, 986 workers died from heat exposure between 1992 and 2022, with the construction industry accounting for 34% of all deaths.

Although the U.S. Occupational Safety and Health Administration (OSHA) has discussed creating a federal heat safety standard, none currently exists and there is no clear timeline for federal action. On November 18, 2024, New Jersey lawmakers took steps to address the growing risks of heat-related workplace injuries and death with proposed legislation, A.B. 5022. If signed into law, A.B. 5022 would be a positive step forward for workers’ rights making it the fifth state in the country to implement this kind of worker protection.

How does A.B. 5022 protect workers from heat-related illnesses?

New Jersey employers are currently required to keep safe working environments under OSHA’s general duty clause. However, this broad and largely unregulated requirement lacks specific guidelines for heat-related risks, leaving significant gaps in protection.

If A.B. 5022 passes, the state’s Department of Labor and Workforce Development would oversee this program, making sure employers take action when their staff are exposed to heat danger.

Under this legislation, employers would be required to:

• Monitor temperature conditions: Employers must track heat levels and recognize when they exceed safe thresholds.
• Use heat illness prevention plans: Businesses must create and maintain programs that address the risks heat introduces.
• Provide water and rest breaks: Workers must have immediate access to hydration and breaks during excessive heat, regardless of the environment.
• Postpone non-essential tasks: Certain activities may need to be delayed until heat conditions are deemed safe.

The risks of heat-related injuries in the workplace

Heat-related workplace injuries can be serious and life-altering, especially as temperatures continue to rise due to climate change. High heat can lead to illnesses like:

• Heat cramps: Painful muscle contractions caused by loss of fluids and electrolytes during excessive sweating.
• Heat exhaustion: A condition marked by heavy sweating, weakness, dizziness, nausea, and rapid heartbeat, often signaling the body’s inability to cope with the heat.
• Heat stroke: A life-threatening condition where the body can no longer regulate its temperature, leading to confusion, loss of consciousness, or even death if untreated.

Additionally, high temperatures can exacerbate pre-existing medical conditions such as cardiovascular or respiratory issues, increasing the risk of severe health complications for workers.

The construction, agriculture, and manufacturing industries experience the highest rates of heat-related injuries due to prolonged exposure to extreme temperatures. Indoor workers, like those in warehouses or kitchens, are also at risk when there isn’t adequate ventilation.

Steps workers can take after a heat-related injury

Do not waste time if you’ve experienced a heat-related illness or injury. Take these steps:

• Seek medical attention immediately: Heat illnesses can escalate quickly. Getting treatment not only protects your health but also provides documentation for your case.
• Report the incident to your employer: Notify a supervisor or manager about unsafe conditions and any resulting injuries.
• Document unsafe conditions: Photos, videos, or written notes about excessive heat levels and lack of safety measures can benefit your claim.
• Consult a lawyer: Lawyers experienced in workplace injuries can help you determine if your employer failure to comply with the regulations resulting in a permanent injury.
• File a workers’ compensation claim: Workers’ compensation benefits can cover medical expenses, lost wages, and even provide monetary awards if there is a permanent impact on the workers’ life.

Stark & Stark advocates for injured workers

By addressing heat-related risks head-on, New Jersey is not only improving workplace safety but also setting an example for other states. As climate change continues to drive rising temperatures, these measures will likely become an essential part of workplace safety protocols. If you’ve experienced a heat-related injury at work, you need experienced legal representation as soon as possible. Stark & Stark workers compensation attorneys have the knowledge and tenacity to protect your rights as an employee and secure fair compensation after they’ve been violated.

Contact us today to schedule a free case evaluation.