Illinois bill aimed at protecting workers from extreme temps

Springfield, IL — Legislation that would direct the Illinois Department of Labor to establish – by Jan. 1 – standards intended to protect workers from excessive heat and cold is advancing in the state House.

Sponsored by Rep. Edgar Gonzalez Jr. (D-Chicago), the Workplace Extreme Temperature Safety Act (H.B. 3762) would codify a rule requiring employers to develop a temperature-related injury and illness prevention plan. The rule would include provisions for retaliation, violations, penalties and enforcement.

The House Labor and Commerce Committee approved the measure on March 19, with a 17-8 vote. A companion bill (S.B. 2501) was introduced Feb. 7 in the state Senate by Sen. Robert Peters (D-Chicago).

If signed into law and until the rule is adopted, the bill would require employers to take protective measures when the heat index is 80° F or higher at outdoor workplaces and 85° F or higher at indoor worksites. Additional safety measures would have to be implemented at indoor and outdoor workplaces when the heat index reaches or surpasses 90° F.

At the other end of the thermometer, employers would have to implement protective measures when the wind chill is 40° or colder at outdoor workplaces. For indoor workers, jobsites with heavy work would have a 60° F temperature threshold, while light-work sites would have a 65° F threshold.

The injury and illness prevention plans would have to be tailored to each workplace and developed and implemented with input from employees and their representatives, including collective bargaining reps.

The plans would be required to incorporate procedures that include:

• Regular monitoring of workers for excessive exposure to heat and cold.
• Providing potable water that’s immediately available and in the vicinity of workers impacted by heat.
• Access to shade, cool-down areas or climate-controlled spaces, along with paid rest breaks, for workers impacted by heat.
• Warm, noncaffeinated beverages for workers impacted by cold, along with paid rest breaks and access to warming stations sheltered from wind and precipitation.
• Limits on how long employees can be exposed to heat or cold during a workday.

The National Safety Council supports the bill. “As the frequency of extreme weather events continues to grow, workers are at an increased risk of serious injury or death, making it imperative that employers across all industries have a plan for the safety and health of their workforce,” NSC President and CEO Lorraine M. Martin writes in a letter sent to Rep. Marcus Evans (D-Chicago), who chairs the House Labor and Commerce Committee. “Unaddressed, heat stress and cold stress can cause a range of serious conditions, including stroke and death, if not treated properly.”