New Mexico is taking a significant step toward workplace safety by advancing a proposed rule designed to prevent heat-related illnesses and injuries among workers. If enacted, the state would become the sixth in the U.S. to establish its own heat safety guidelines, joining California, Nevada, Minnesota, Oregon, and Washington. The move comes as a federal standard, initially proposed under the Biden administration, faces uncertainty under the Trump administration.

The New Mexico Occupational Health and Safety Bureau (OHSB) has submitted a petition to the state Environmental Improvement Board (EIB) to approve the heat safety rule. According to a release from the New Mexico Environment Department (NMED), the regulation specifically highlights construction as one of the industries at greatest risk for heat-related illness and injury due to prolonged outdoor exposure.

Rising Temperatures and Workplace Risks

Data from the New Mexico Department of Health underscores the urgency of the proposed rule. In 2024 alone, over 800 individuals sought emergency medical care for heat-related conditions. Extreme heat has become one of the leading causes of weather-related fatalities in the U.S., per the National Weather Service. Moreover, climate change has exacerbated conditions in the American Southwest, making New Mexico hotter and drier than ever before.

“New Mexico is both hotter and drier than in years past due to the impacts of climate change,” said Kristy Peck, acting Occupational Health and Safety Bureau chief, in the release. “Employers need to protect their employees from the reality of heat-related injuries.”

The proposed rule lays out specific employer responsibilities to mitigate the risks of working in extreme heat, including:

• Allowing workers time to acclimate to high temperatures before full exposure.
• Ensuring access to clean, cool drinking water throughout the workday.
• Mandating frequent rest breaks in shaded areas.

Regulatory Process and Implementation Timeline

The submission of the petition to the Environmental Improvement Board marks the first step in the process. If accepted, a two-day hearing is expected to take place in June, where industry stakeholders, worker advocacy groups, and the public can provide input. Should the rule be approved, it would go into effect in July. Additionally, the state OSHA agency plans to open a 60-day public comment period in April and May to gather further feedback.

National Heat Safety Standard Faces Uncertainty

The push for state-specific regulations comes as the federal Occupational Safety and Health Administration (OSHA) stalls on implementing a nationwide heat safety rule. Originally backed by the Biden administration, the federal rule aimed to introduce similar protections for workers across the country. However, with Donald Trump now in office, legal experts suggest the rule may not move forward.

According to sources, the federal heat standard has been in limbo since public comments closed on December 30, 2024. The process of reviewing those comments and finalizing the rule can take months, and as of now, the Trump administration has not signaled any intention to pursue its completion.

The proposed New Mexico regulation incorporates elements from the stalled federal rule. For example, it would require employers to implement a Heat Illness and Prevention Plan (HIPP) when temperatures surpass a specified threshold on the heat index. Additionally, the rule includes guidelines for acclimatization, ensuring that new workers gradually adjust to extreme temperatures while being closely monitored for signs of heat stress.

However, some of these very provisions have drawn criticism at the national level, with opponents arguing that the federal rule was overly prescriptive and difficult to enforce.

“I think this one was too detailed, too problematic for compliance, I think it set employers up for failure,” said Phillip Russell, an OSHA and employment lawyer at the Washington, D.C.-based firm Ogletree Deakins.

Looking Ahead

Despite the challenges at the federal level, New Mexico’s move to enact heat safety protections signals a growing trend among states taking workplace safety into their own hands. If passed, the rule could serve as a model for other states looking to implement similar protections, particularly as climate change continues to drive higher temperatures across the country.

With worker health and safety at stake, the coming months will be crucial in determining whether New Mexico’s efforts lead to lasting change or face pushback similar to the stalled federal initiative.

Originally reported by Zachary Phillips in Construction Dive.