Proposed New Mexico Heat Illness and Injury Prevention Rule could have massive impact on businesses: comment now!

The New Mexico Environment Department’s Occupational Health and Safety Bureau submitted a petition to the state’s Environmental Improvement Board to adopt a proposed rule on occupational heat illness and injury prevention.  The new rule, if passed will mandate a range of heat illness and injury prevention measures on BOTH indoor and outdoor job sites across multiple industries, including construction. The submission of the petition is the first step to start the rulemaking process.

Take a few minutes to comment (at the bottom of this post) by no later than May 30. If adopted, this regulation could have significant impacts on businesses working throughout New Mexico.

Analysis of New Mexico’s Proposed Heat Illness and Injury Prevention Standard

Key Requirements of the Standard are as follows

1. Heat Exposure Assessment:

1. 1. Employers must conduct heat exposure assessments when the heat index meets or exceeds just 80°F.
   2. The assessment must account for the following criteria:

1. 1. 1. Heat index of the work environment is determined by measuring the temperature and relative humidity and applying those numbers.
      2. The effect of direct sunlight.
      3. Intensity of the work being performed.
      4. Acclimatization of the employee.
      5. Personal risk factors for heat illness.
      6. The heat-retaining properties of protective clothing and PPE by using Proposed Rule’s Index Table 1.

1. Control Measures must be implemented when outdoor and indoor working environment heat index exceeds 80°F.

1. 1. Acclimatization: New and returning employees must be gradually introduced to heat conditions and closely observed by a supervisor or designee for the first 7 days of employment. A phased work schedule is required, starting with 20% of the typical work duration in heat and incrementally increasing daily.
   2. Provision of Fluid: Each employee must have access to employer provided at least one quart of drinking water per hour.  Employees shall be encouraged to drink 8 ounces of fluid every 15 minutes.
   3. Regular Rest Breaks: Employer Paid rest breaks are mandated during high heat conditions based on a structured work-rest schedule. For instance:

1. 1. 1. For heavy labor in full sun and temperatures exceeding 90°F, breaks must be taken every 20 minutes for at least 40 minutes.
      2. The exact schedule varies depending on the intensity of the work, clothing, sun exposure, and the heat index, as outlined in the regulation’s Work Rest Schedule Table.

1. 1. Cooling Areas: Employers must provide shade or mechanically cooled areas for employee breaks, ensuring they are sufficient to accommodate all workers and located close to work areas.
   2. Personnel Monitoring: Supervisors must monitor employees for signs of heat illness, using communication systems, buddy systems, or pre-shift meetings to review heat illness symptoms.

1. Emergency Medical Care:

1. 1. Compliance with existing federal and state emergency medical care standards is required.

1. Training and Recordkeeping:

1. 1. Employers must conduct heat illness training and maintain detailed records including attendees for at least five years.

1. Maintain an accurate record of the heat acclimatization schedule and procedures for all new and returning employees.
2. Maintain a record of all heat illness or related injury including those requiring first aid with heat index and working conditions at the time of the illness or injury.

This rule will impact virtually every employer with operations above 80 degrees.

Public Comments – NOTICE OF PUBLIC COMMENT HERE

It is critical that regulators hear directly from employers about how this rule would impact them.

To submit comments or to request more information on the proposed regulations, you have various options; may do so by filing electronically via the Department’s public comment portal (link embedded below); by email to heatrule.comments@env.nm.gov or in paper format by mailing comments to NMED-OHSB, Attn: Heat Illness and Injury Prevention, P.O. Box 5469, Santa Fe, NM, 87502.

1. PUBLIC COMMENT ONLINE FORM/PORTAL HERE
2. EMAIL: heatrule.comments@env.nm.gov – When responding by email please enter “Heat Injury and Illness Prevention Rule” in the subject line and include your name, title (as applicable), affiliation (as applicable), email, phone number, mailing address, and relevant comments to the proposed regulations in the body of the email.
3. MAIL:   NMED-OHSB, Attn: Heat Illness and Injury Prevention, P.O. Box 5469, Santa Fe, NM, 87502