/>iNew Mexico is the next state to propose a heat exposure rule for workers. The New Mexico Environment Department has proposed a rule aimed at preventing heat-related illnesses and injuries in the workplace. The proposed rule, titled “Heat Illness and Injury Prevention,” is designed to establish comprehensive standards for occupational health and safety, particularly in environments where employees are exposed to significant heat.
Quick Hits
- The proposed rule would require a plan that incorporates control measures, acclimatization, emergency medical care, and training.
- The proposed rule would apply to both indoor and outdoor locations.
- There will be narrow exemptions for incidental heat exposures of fifteen minutes or less within a one-hour period, emergency response operations, telework, and environments where mechanical ventilation systems maintain a heat index below 80 degrees Fahrenheit.
- The New Mexico Environment Department will open a portal in early April 2025 to accept comments on the rule.
The proposed rule is similar to other state rules with requirements for a plan, training, assessments, rest breaks, and cooling areas. The tentative effective date is July 1, 2025. Public comments will be accepted beginning in April 2025.
Details on the Proposed Rule
Heat Illness and Injury Prevention Plan
Employers would be required to establish, implement, and maintain a written heat illness prevention plan. The proposed rule would require each plan to be available in both English and the language understood by the majority of employees. The plan would need to include procedures for heat assessment, control measures, acclimatization methods, emergency medical care, and training.
Heat Exposure Assessment
Employers would need to conduct a heat exposure assessment when the heat index exceeds 80 degrees Fahrenheit. This assessment would consider factors such as direct sunlight, work intensity, acclimatization, personal risk factors, and the heat-retaining effects of protective clothing.
Control Measures
The proposed rule would mandate several control measures for environments where the heat index exceeds 80 degrees Fahrenheit.
- Acclimatization methods: Employers would be required to provide a gradual increase in work duration in the heat for new or returning employees.
- Provision of fluids: Employers would be required to provide sufficient hydrating fluids, including water and electrolyte drinks, and encourage regular fluid intake.
- Regular rest breaks: Employers would be required to provide paid rest breaks, with schedules based on the heat index and work intensity.
- Cooling areas: Employers would be required to establish cooling areas with shade or mechanical ventilation.
- Personnel monitoring: Employers would be required to implement methods to promptly identify employees experiencing heat illness, such as regular communication, buddy systems, and self-monitoring.
Emergency Medical Care
Employers would need to ensure appropriate emergency medical care is available when the plan is in effect.
Training
Like other states with similar heat illness plans, employers would be required to provide training on environmental and personal risk factors, control measures, rest breaks, acclimatization methods, types of heat illness, and emergency procedures. Training would need to be conducted at the beginning of employment and annually thereafter.
Recordkeeping
The proposed rule would require employers to create and maintain records of acclimatization schedules, training, and heat illness incidents for at least five years.
