New Jersey Proposes Bills to Protect Workers from Heat-Related Illnesses and Injuries

In the absence of a heat stress standard by the Occupational Safety and Health Administration (OSHA), New Jersey is seeking to adopt one for the protection of workers against heat-related illnesses. Bill A-5022, which establishes an “Occupational Heat-Related Illness and Injury Prevention Program” and occupational heat stress standards in Department of Labor & Workforce Development, was first introduced and referred to the Assembly Labor Committee on November 14, 2024. On February 20, 2025, it was reported with amendments and referred to the Assembly Appropriations Committee. 

The bill would require the Commissioner of the Department of Labor and Workforce Development to establish a heat stress standard by June 1, 2025. The standard would establish heat stress levels which, if exceeded, trigger actions by employers to protect their employees from heat-related illness and requires employers to make and enforce a prevention plan. The prevention plan is to be developed with “meaningful participation of employees and employee representatives, including collective bargaining representatives.”

Further, the Commissioner is to create a model heat-related illness and injury prevention plan that includes breaks, accessibility to water, personal protective equipment, training, procedures to follow, data collection, etc. While employers could adopt the Commissioner’s plan, they have the option to modify or make their own plan so long as it is consistent with the requirements in the Bill.

There are some employer exemptions from this Bill, specifically amusement parks, commercial farms, and “all operations that are directly involved in the protection of life or property, such as evacuation, rescue, medical, structural firefighting, law enforcement, lifeguarding, or the emergency restoration of essential services, such as roads, bridges, utilities, and communications.” 

Retaliation by employers against workers for exercising their rights under the Bill is deemed unlawful, and said employers may open themselves up to penalties and civil actions. There is a rebuttable presumption of unlawful retaliation whenever an employer takes an adverse action against an employee within 90 days of the employee’s exercising their rights. 

Companion Senate Bill S-3884 was introduced and referred to the Senate Labor Committee on November 18, 2024, but no further movements have been made.
 
The Assembly Appropriations Committee is currently reviewing A-5022 for its fiscal impact on taxation, revenue and budget. Public hearings could be held to hear testimony and feedback. Amendments may be made, and after a vote, if approved, it will be sent to the full Assembly for a vote. It will then go through the standard legislative process, potentially being sent to the Senate for review and further action. 

We will monitor this bill, as well as any others, and continue to provide updates on their impact on New Jersey workers’ compensation. 

_{What’s Hot in Workers’ Comp, Vol. 29, No. 4, April 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}