NJBIA recently expressed opposition to a proposed bill that would impose new regulations on heat stress at workplaces in New Jersey. The organization argued that the legislation's vague language and broad enforcement could increase business costs and lead to litigation.
The Assembly Labor Committee moved forward with the bill after hearing testimony from various business and labor groups. NJBIA Vice President of Government Affairs, Elissa Frank, emphasized the importance of preventing employee illness due to heat exposure but criticized the bill for its impracticality and high costs.
Frank highlighted concerns about the definition of "excessive heat," which the bill sets at 85 degrees Fahrenheit or above for both indoor and outdoor sites. For certain indoor conditions, the threshold is lowered to 80 degrees. The legislation would require employers to halt work during such conditions unless tasks are deemed essential.
"An expansive definition of ‘non-essential’ could result in long-term closure of businesses; employers will struggle to determine what is ‘non-essential;’ and disputes over whether tasks are essential will lead to unnecessary litigation,” Frank said.
She also pointed out potential negative impacts on employees' paychecks, business operations, and companies' willingness to operate in New Jersey during summer months. Additionally, Frank expressed concern over a provision allowing the State Commissioner of Labor to issue stop-work orders affecting all company locations statewide if one site violates regulations.
“This bill would allow for the smallest of administrative errors to result in a company shuttering its operations across the state," Frank stated. She noted this authority exceeds federal OSHA powers.
Frank warned that implementing these regulations would impose financial burdens on both private and public sectors, making New Jersey less affordable for businesses. She mentioned that state taxpayers might face additional costs as more employees would be needed to enforce these rules, traditionally managed by federal OSHA.
“State agencies are preparing to implement substantial budget cuts," she added, cautioning against introducing new expenditures under current economic conditions as it may hinder efforts supporting economic growth.
