The Illinois House Rules Committee revived a sweeping measure to regulate small business workplaces.

The committee voted to send HB 3762 (Gonzalez) to the House floor and House Amendment #1 to the House Labor and Commerce Committee.

The proposed regulations would regulate both indoor and outdoor workplaces.

For outdoor workplaces, the proposed regulations would apply:

• If there was a windchill of 40 degrees or lower
• If there was a heat index of 80 degrees or higher

For indoor workplaces, the proposed regulations would apply:

• If the temperature was 80 degrees or higher and the heat index equaled 85 degrees
• If the employee wore clothing that restricted heat removal and the temperature was 80 degrees or more
• If the employee was in a high-radiant heat area and the temperature was 80 degrees or more
• If heavy work was being performed and the temperature was 60 degrees or lower
• If light work was being performed and the temperature was 65 degrees or lower

Employers with employees working in any of the conditions listed above would be required to develop occupational temperature-related illness and injury prevention plans. These plans would have to:

• Provide workplace temperature-related training to employees and supervisors
• Provide for the monitoring of employees
• Provide potable water, available immediately, to heat-impacted employees
• Provide heat-impacted employees with paid rest breaks and access to shade, cool-down areas, or climate-controlled spaces
• Provide warm, non-caffeinated beverages in immediate proximity to cold-impacted employees
• Provide cold-impacted employees with paid rest breaks and access to warming stations sheltered from wind and precipitation
• Provide emergency response for employees who suffer injury from exposure to excessive heat or cold
• Limit employee exposure to heat or cold
• Establish guidelines for heat-insulating personal protection equipment for workers exposed to cold
• Establish worker acclimatization policies
• Implement heat and cold alert systems for non-climate-controlled environments and, if excessive heat or cold is likely to occur:
  • Postpone non-essential tasks
  • Institute additional rest periods
  • Remind workers to hydrate
  • Monitor the heat index at the work site

• Prevent heat and cold hazards by adjusting work schedules, reducing work intensity, and modifying required work clothing.

Under the proposed legislation, employees could refuse to work if they reasonably believed that the employer had not complied with the workplace temperature regulations or that working under the temperature conditions could result in worker illness or injury.

Employers would be subject to fines and civil lawsuits for violations of the proposed law. An employer would be presumed to have unlawfully retaliated against an employee if the employer fired or took other adverse action against an employee within 90 days of the employee exercising his rights under the act.

Employers would be required to record their temperature safety plans, training, and procedures, and maintain these records for a period of three years.