New York A 2602: Regulates construction employers to keep their employees safe from exposure to extreme heat

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A02602 Summary:

BILL NOA02602 

&nbsp

SAME ASNo Same As

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SPONSORLunsford

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COSPNSRMagnarelli, Taylor

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MLTSPNSR

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Add §218-c, Lab L

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Regulates construction employers to keep their employees safe from exposure to extreme heat by implementing heat-related illness prevention plans.

Go to top A02602 Actions:

BILL NOA02602 

&nbsp

01/21/2025referred to labor

01/07/2026referred to labor

Go to topA02602 Committee&nbspVotes:

Go to topA02602 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02602 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2602

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 21, 2025
 ___________

 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
 tee on Labor

 AN ACT to amend the labor law, in relation to the prevention of
 construction employees being exposed to excessive heat

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The labor law is amended by adding a new section 218-c to
 2 read as follows:
 3 § 218-c. Prevention of occupational exposure to excessive heat;
 4 construction employees. 1. For purposes of this section, the following
 5 terms shall have the following meanings:
 6 (a) "Covered employee" shall mean an individual employed by a covered
 7 employer.
 8 (b) "Covered employer" shall mean an employer that employs an individ-
 9 ual to work at a covered workplace and shall include contractors,
 10 subcontractors, temporary service firms and employee leasing entities.
 11 (c) "Covered workplace" shall mean a workplace where work primarily
 12 involves the construction of buildings, infrastructure and industrial
 13 construction.
 14 (d) "Employer" shall have the same meaning as defined in section one
 15 hundred ninety of this chapter.
 16 (e) "Excessive heat" shall mean outdoor and indoor exposure to heat at
 17 levels that exceed the capacities of the human body to maintain normal
 18 body functions and may cause heat-related injury, illness or fatality,
 19 including, but not limited to, heat stroke, heat exhaustion, heat
 20 syncope, heat cramps and heat rashes.
 21 2. The commissioner, in consultation with the commissioner of health,
 22 shall create regulations which shall:
 23 (a) establish high heat temperature maximum exposure levels for
 24 covered employees which, if exceeded, shall trigger action to protect
 25 covered employees from heat-related illness; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04254-01-5

 A. 2602 2

 1 (b) ensure all covered employers comply with the requirements
 2 described in this section with respect to occupational exposure to
 3 excessive heat.
 4 3. (a) A covered employer shall develop, implement and maintain an
 5 effective written excessive heat-related illness prevention plan for
 6 covered employees, which shall:
 7 (1) be developed and implemented with the meaningful participation of
 8 covered employees, employee representatives and collective bargaining
 9 representatives, where applicable, for all aspects of the plan;
 10 (2) be tailored and specific to hazards in the covered workplace;
 11 (3) be in writing, in English and in the language understood by all of
 12 its employees, if such language is not English and the commissioner
 13 shall make such plan available to employers in the translations needed
 14 and as requested by employers and shall make such translations available
 15 on the department's website for each language required by executive
 16 order under language access directives; and
 17 (4) be made available, upon request, to such employees, the employee
 18 representatives for such employees, the commissioner and the commission-
 19 er of health.
 20 (b) Each excessive heat-related illness prevention plan required
 21 pursuant to paragraph (a) of this subdivision shall include procedures
 22 and methods for the following:
 23 (1) initial and regular monitoring of employee exposure to heat to
 24 determine whether an employee's exposure has been excessive;
 25 (2) provision of potable water with a temperature of less than fifteen
 26 degrees celsius or fifty-nine degrees f