What people are saying about NMED’s proposed rule to protect workers from heat 

By Hannah Grover

Public comments about the New Mexico Environment Department’s proposed Heat Illness and Injury Prevention rule have ranged from people expressing strong support for the regulations to others expressing concerns that it could impact economic development and place undue burdens on employers.

The environment department will accept public comments through the end of May.

The department has also petitioned the Environmental Improvement Board to have a hearing to adopt the rule. That hearing could occur in mid-July. If adopted, the proposed rule would take effect in August.

“Physical exertion in high heat conditions is a known workplace hazard that can result in heat exhaustion and heat stroke as well as long term conditions such as heart and kidney damage, neurological dysfunction, and death,” the environment department states on its website. “The hazards of work in high heat environments can often be abated by relatively simple practices such as increased rest periods, provision of shade, and having adequate drinking water available to workers. There is currently no rule or federal standard addressing heat exposure in the workplace.”

The proposed rule requires employers to establish plans for preventing heat-related illness and to implement control measures in all outdoor and indoor work environments where the temperatures exceed 80 degrees Fahrenheit. Those control measures include access to drinking water, cooling areas and regular rest breaks.

The rule includes exemptions for incidental heat exposures of 15 minutes or less, emergency response operations, telework and places with mechanical ventilation systems keeping the heat index below 80 degrees Fahrenheit in all working areas.

Advocacy groups including Healthy Climate New Mexico, Conservation Voters New Mexico, the New Mexico Center for Law and Poverty and the National Employment Law Project are among the supporters of the rule.

Healthy Climate New Mexico is encouraging people to share stories with the environment department about how working in the heat has directly impacted them or their family.

Justin Garoutte with Conservation Voters New Mexico said the groups are “really trying to make sure that New Mexico is a leader” when it comes to protecting workers.

“We’re just trying to advocate to make sure that it’s a strong rule and that it can be used as a model for other states in the country,” he said.

One of the aspects that makes New Mexico’s proposed rule unique is that it applies to both indoor and outdoor workers.

Garoutte said it is important to include indoor workers because there are reports of people — including teachers — working in places without adequate ventilation or air conditioning.

He said the proposed rule is important in part because of climate change.

“Summers are getting hotter, and people are dying. Heat illness is a real thing,” he said.

A few public commenters say the state needs to go further and include additional protections for pregnant people who may need additional rest periods and hydration opportunities.

On the other side, public commenters who opposed the rule say it will increase costs of service and that the state should provide “guidelines, not regulations.”

Opponents further say employers should use common sense along with industry-specific knowledge and training to protect workers from heat-related illness and injury.