Pennsylvania SB 1204: An Act providing for regulations for employers to protect employees from heat-related injury or heat-related illness caused by heat stress; imposing duties on the Department of Labor and Industry and the Secretary of Labor and Industry; establishing the Heat Protection Enforcement Fund; and imposing penalties.

Bill Text

PRINTER'S NO. 1481
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1204
Session of
2026
INTRODUCED BY KEARNEY, PISCIOTTANO, HUGHES, FONTANA, COLLETT,
KANE, TARTAGLIONE, CAPPELLETTI, HAYWOOD, COMITTA, COSTA,
VOGEL, SCHWANK AND SAVAL, MARCH 2, 2026
REFERRED TO LABOR AND INDUSTRY, MARCH 2, 2026
AN ACT
Providing for regulations for employers to protect employees
from heat-related injury or heat-related illness caused by
heat stress; imposing duties on the Department of Labor and
Industry and the Secretary of Labor and Industry;
establishing the Heat Protection Enforcement Fund; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Workplace
Heat Protection Standards Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Acclimatization." The adaptation of the body to work in
high temperatures as the body is exposed to heat gradually over
time, reducing the strain caused by heat stress and enabling an
individual to work with less chance of developing a heat-related
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injury or heat-related illness.
"Alternative cooling and control measure." Engineering,
work-practice, administrative or other controls to manage heat,
including job rotation, mechanical ventilation systems, misting
equipment, cooling vests, air-cooled or water-cooled garments
and access to water.
"Authorized employee representative." The following:
(1) an employee authorized by employees or the
designated representative of an employee organization
recognized or certified to represent the employees; or
(2) a person designated by employees for the purpose of
enhancing the effectiveness of an inspection, including
safety and health expertise, language proficiency or cultural
competency.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employ." To engage, suffer or permit to work. A worker is
considered an employee and not an independent contractor, unless
all of the following conditions are met:
(1) the worker is free from the control and direction of
the employer in connection with the performance of the work;
(2) the worker performs work that is outside the usual
course of the employer's business; and
(3) the worker is customarily engaged in an
independently established trade, occupation or business of
the same nature as that involved in the work performed.
"Employee." Any person employed by an employer.
"Employer." The Commonwealth, its political subdivisions and
their instrumentalities or any person, association, entity,
organization, partnership, business trust, limited liability
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company or corporation who directly or indirectly, or through an
agent or any other person, employs or exercises any control over
the wages, hours or working conditions of any employee.
"Heat index." A measurement of heat perception when relative
humidity is taken into account with actual air temperature,
which can be extrapolated from temperature and relative humidity
using the National Weather Service Heat Index.
"Heat stress." The net load to which a worker is exposed
from the combined contributions of metabolic heat, environmental
factors, physical exertion, heat generating processes, machinery
and equipment and clothing worn which results in an increase in
heat storage in the body, causing body temperature to rise to
dangerous levels.
"Heat-related illness." A medical condition resulting from
the inability of the body to rid itself of excess heat,
including heat rash, heat cramps, heat edema, heat exhaustion,
heat syncope, rhabdomyolysis and heat stroke.
"Heat-related injury." An injury that results from impaired
cognitive, perceptual and motor functions caused by a heat-
related illness.
"High-heat condition." For outdoor and indoor places of
employment, a heat index that equals or exceeds 80º Fahrenheit.
"Personal protective equipment." Equipment worn to protect
an employee against heat stress, heat-related injury or heat-
related illness, including water-cooled garments, air-cooled
garments, heat reflective clothing or cooling vests.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth or a designated agent.
"Workplace." A place in or about which an employee is
allowed to perform work-related duties.
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Section 3. Heat protection standards.
No later than one year after the effective date of this
section, the secretary shall promulgate regulations to require
employers to protect employees from heat-related injury or heat-
related illness caused by heat stress. When developing
regulations required under this section, t