NJBIA and 28 business groups are urging the Legislature to reject a bill that would impose new regulations on businesses operating in hot weather, advocating instead for forthcoming federal regulations to establish a nationwide standard.
The bill, S-2422/A-3521 (Cryan/Quijano), seeks to mandate expedited rules on heat stress for employees working indoors and outdoors. However, the business groups argue that its broad and duplicative provisions could hinder New Jersey businesses' ability to operate during summer heat waves.
“This summer, businesses will use proven safety methods and new technologies to recognize the signs of heat stress and change operations to account for heat waves, when necessary,” the May 30 letter stated. “This bill does not recognize that, however, and places an overwhelming, one-size-fits-all regulatory burden on business in very different industries that present vastly different risks.”
The proposed legislation would require employers to halt work during periods of excessive heat unless duties are essential. The business groups contend this could lead to unintended consequences such as reduced employee paychecks, business disruptions, and companies reconsidering their operations in New Jersey during the summer.
“While excessive heat presents a hazard that must be addressed, employers have proven that they can provide safe workplaces for employees during these times,” the letter noted. “Some of the steps that employers are taking are recommended by the Occupational Safety and Health Administration including increased access to shade, water, and rest, misting fans, moisture-wicking clothing, and cooling vests.”
The groups also expressed significant concerns about a provision granting the state Labor Commissioner authority to issue stop-work orders across an entire business operation due to minor administrative errors.
“This bill would allow for the smallest of administrative errors to result in a company shuttering its operations across the state,” the letter warned. “Hypothetically, a business with 100 locations across the state may have to close each establishment and send workers home if the Labor Commissioner issues a stop-work order to one site.”
Additionally, they argued that OSHA is already developing rules expected by September aimed at reducing risks from heat exposure in both indoor and outdoor settings.
“If New Jersey implements a heat standard now,” the letter stated, “employers will be forced to comply with one set of regulations this year and another set when OSHA implements its own. Our Legislature should be focused on making the regulatory environment easier for businesses to comply with.”
“We are committed to fostering safe workplaces,” it continued. “We respectfully request that lawmakers reject this legislation in favor of the forthcoming OSHA heat standard that will apply uniformly across the U.S.”
The Senate and Assembly labor committees voted in May to release S-2422/A-3521 for further action by appropriations committees.
In addition to NJBIA, signatories of the letter include:
New Jersey Chamber of Commerce
Chamber of Commerce Southern New Jersey
The Brewers Guild of New Jersey
New Jersey Tourism Industry Association
New Jersey Cemetery Association
New Jersey School Board Association
New Jersey Farm Bureau
New Jersey Food Council
New Jersey Apartment Association
New Jersey Association of Counties
New Jersey Coalition of Automotive Retailers
New Jersey Civil Justice Institute
New Jersey Gasoline-C-store-Automotive Association
New Jersey Landscape Contractors Association
National Federation of Independent Businesses
New Jersey Electronic Life Safety Association
Sheet Metal Contractors Association
Greater Northeast Motor Coach Association
Shipping Association of New York & New Jersey
NAIOP
Fuel Merchants Association of NJ
New Jersey Motor Truck Association
New Jersey Restaurant & Hospitality Association
Mechanical Contractors Association of New Jersey
New Jersey Nursery & Landscape Association
New Jersey Green Industry Council
New Jersey Cable Telecommunications Association
National Waste & Recycling Association – NJ Chapter
