Chicago Alderman Maria Hadden (Ward 49) introduced an ordinance to adopt sweeping workplace temperature regulations in the City of Chicago.

The proposed ordinance applies to “all outdoor employment” and requires employers to:

• Provide access to shaded areas when the heat index exceeds 80 degrees Fahrenheit
• Provide access to shaded areas upon request
• Provide potable ice water to employees
• Implement emergency response procedures for heat exhaustion symptoms
• Closely monitor employees when the heat index hits or exceeds 80 degrees Fahrenheit or when the temperature is “at least 10 degrees Fahrenheit higher than the average high daily temperature in the preceding five days”
• Provide annual employee training on “environmental and personal risk factors for heat illness” and regulatory and employer workplace temperature policies
• File and maintain a “heat illness prevention plan” with the city

Violations are subject to a daily fine of $500-$1,000, and employees may bring civil action against their employers for “damages sustained, including backpay, medical expenses, litigation costs, expert witness fees, and reasonable attorney’s fees.”

Per the proposed ordinance, employees “shall be allowed and encouraged to take a preventive cool-down rest in the shade when they feel the need to do so to protect themselves from overheating.”

The proposal further specifies that an area is not considered a “shaded area” if the “heat index in the area is such that it prevents the ability of employees to rest, recover, or otherwise lower the employee’s body temperature.”