New Mexico Drafts Heat Illness and Injury Prevention Rule
The New Mexico Environment Department (NMED) Occupational Health and Safety Bureau has begun the process of promulgating a heat illness and injury prevention rule for the state. OHSB announced on April 1 that it has published a draft version of the rule, which is available for public comment until 5 p.m. Mountain time on May 30.
According to the draft rule (PDF), the standard will apply to all indoor and outdoor workplaces in New Mexico subject to the Occupational Safety and Health Act. It does not concern incidental heat exposures of up to 15 minutes, emergency response operations, telework, and work done in buildings, structures, vehicles, or equipment with mechanical ventilation systems that keep the heat index below 80 F in all work areas. All employers covered under the rule must provide a heat illness and injury prevention plan written in English and in any other language understood by the majority of employees. Employers must conduct a heat exposure assessment when the heat index reaches 80 F, as well as implement controls including acclimatization methods, provision of fluids, regular rest breaks, cooling areas, and personnel monitoring for indoor and outdoor work environments where the heat index exceeds 80 F. The draft rule also covers provisions for emergency medical care, training, and recordkeeping. An appendix outlines clothing adjustment factors for workers wearing personal protective equipment.
NMED’s website states that the proposed rule “will provide the OHSB with the tools necessary to assist New Mexico employers in keeping their workforce safe from heat related illnesses and injuries.” In addition, it will establish a regulatory framework “to hold employers accountable if they fail to protect workers from known hazards such as heat, including the authority to prevent employers from exposing workers to conditions which pose an imminent danger.”
The NMED website provides more information about the proposed heat illness and injury prevention rule, as well as links to download the draft (PDF) and access NMED’s public comment portal. Complete instructions for submitting comments or requesting information on the proposed rule are available from OHSB’s online announcement page.
