HB1071: HB1071 Georgia Workplace Safety and Heat Protection Act; enact

26 LC 52 0885 House Bill 1071 By: Representatives Schofield of the 63rd, McClain of the 109th, Davis of the 87th, Scott of the 76th, Holly of the 116th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the1 Department of Labor, so as to provide for protections for employees from occupational heat2 exposure; to provide for definitions; to require employers to i mplement heat illness3 prevention programs; to provide for exemptions; to provide for the Department of Labor to4 launch a public awareness campaign; to provide for multilingual information and templates5 to be made available on the department website; to provide for enforcement and civil6 monetary penalties; to provide for settlement agreements and co rrective action plans; to7 provide for the establishment of a grant program; to provide for annual reporting; to provide8 for data collection and sharing; to provide for rules and regul ations; to provide for related9 matters; to provide for a short title; to provide for legislative findings; to repeal conflicting10 laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 This Act shall be known and may be cited as the "Georgia Workpl ace Safety and Heat14 Protection Act."15 H. B. 1071 - 1 - 26 LC 52 0885 SECTION 2.16 The General Assembly finds that:17 (1) Extreme heat poses significant risks to workers, including heat rash, heat cramps, heat18 syncope, rhabdomyolysis, heat exhaustion, heat stroke, and death;19 (2) Outdoor and indoor workers in high-temperature environments are disproportionately20 affected by extreme heat, particularly in agriculture, landscap ing, construction,21 manufacturing, and warehousing sectors;22 (3) Occupational heat exposure can occur in urban areas, primarily due to less vegetation23 and more asphalt and concrete, and in rural areas, primarily due to strenuous physical labor24 and lack of availability of emergency healthcare;25 (4) Federal legislation is not, at present, sufficient to prot ect Georgia workers from26 extreme heat workplace conditions; and27 (5) Legislation in this state is needed to protect workers fro m extreme heat workplace28 conditions.29 SECTION 3.30 Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department31 of Labor, is amended by adding a new Code section to read as follows:32 "34-2-10.1.33 (a) As used in this Code section, the term:34 (1) 'Commissioner' means the Commissioner of Labor of the State of Georgia.35 (2) 'Dangerous heat index trigger' means conditions when the h eat index exceeds 9036 degrees Fahrenheit or other thresholds as determined by rules a nd regulations37 promulgated by the federal Occupational Safety and Health Administration and in effect38 on January 1, 2026.39 (3) 'Department' means the Department of Labor.40 H. B. 1071 - 2 - 26 LC 52 0885 (4) 'Employee' means any person who works for salary, wages, or other remuneration for41 an employer.42 (5) 'Employer' means any natural person or organization with employees covered under43 the federal Occupational Safety and Health Act of 1970 in effect on January 1, 2026.44 (6) 'Extreme heat environment' means conditions when the heat index exceeds 8045 degrees Fahrenheit or a Wet Bulb Globe Temperature in excess of 78.8 degrees46 Fahrenheit.47 (7) 'Heat illness' means any medical condition resulting from the inability of the body to48 cope with a particular heat load. Such term includes but is not limited to heat rash, heat49 cramps, heat syncope, rhabdomyolysis, heat exhaustion, and heat stroke.50 (8) 'Heat illness prevention program' means a program designed to mitigate heat related51 risks and heat illnesses in employees through prevention, train ing, and emergency52 response protocols provided by employers.53 (9) 'High-risk worker' means any worker who is new to a job re quiring physical labor54 under extreme heat conditions, pregnant or postpartum, over the age of 60, or diagnosed55 with a chronic illness affecting thermoregulation, including ca rdiovascular, renal,56 respiratory, or endocrine conditions.57 (10) 'Initial heat index trigger' means conditions when the heat index exceeds 80 degrees58 Fahrenheit or other thresholds as determined by rules and regulations promulgated by the59 federal Occupational Safety and Health Administration in effect on January 1, 2026.60 (11) 'Large employer' means any person or entity that employs more than 25 full-time61 equivalent employees. Such term shall include the State of Geo rgia and its political62 subdivisions and instrumentalities.63 (12) 'Micro-business' means any person or entity that employs five or fewer full-time64 equivalent employees.65 H. B. 1071 - 3 - 26 LC 52 0885 (13) 'Nonprofit employer' means an organization that is exempt from taxation under the66 provisions of Section 501(c)(3) of the United States Internal R evenue Code and that67 employs one or more employees.68 (14) 'Seasonal business' means any person or entity that operates for fewer than 180 days69 per year.70 (15) 'Small business' means any person or entity that employs between six and 2571 full-time equivalent employees.72 (16) 'Wet Bulb Globe Temperature' means a measure of the combi ned effect of air73 temperature, air speed, humidity, and radiation.74 (b) On or before January 1, 2027, all small businesses and lar ge employers and, on or75 before January 1, 2028, all micro-businesses, seasonal businesses, and nonprofit employers76 shall implement a heat illness prevention program to protect employees of such employers77 when working in an extreme heat environment. Such program shall distinguish precautions78 required for initial heat index triggers, such as providing wat er, access to shade, and79 awareness training, and precautions required for dangerous heat index triggers, such as80 mandatory rest breaks, active monitoring, observation systems, and heat hazards alerts, as81 established by the department in rules and regulations. Such p rogram shall require such82 employers to provide, at a minimum, the following:83 (1) A written heat illness prevention plan, and such plan and any relevant signage and84 training shall be provided in English and the next most common language predominantly85 used by employees;86 (2) Immediate access to free water, immediate access to and extended time within shaded87 rest areas or areas away from an extreme heat environment, and mandatory, paid rest88 breaks;89 (3) Regular risk assessments of the work environment and jobs to identify and mitigate90 heat hazards in the workplace and annual risk assessments of al l employees and more91 H. B. 1071 - 4 - 26 LC 52 0885 frequent risk assessments of high-risk workers to reduce person al risk factors for heat92 illnesses;93 (4) An emergency response protocol for heat illnesses, includi ng the provision of94 immediate medical attention and evacuation procedures; and95 (5) Training of supervisors and employees on heat illness awar eness and prevention. 96 Such training shall include recognition of heat illness symptoms, heat illness prevention,97 emergency response protocols, and incident reporting.98 (c) Micro-businesses, seasonal businesses, and nonprofit employers with fewer than five99 employees may request an exemption from the requirements provided in subsection (b) of100 this Code section.101 (d) The department shall promote public awareness of hazards r elative to extreme heat102 environments in the workplace, recommend best practices for employees and employers,103 and shall provide downloadable templates of checklists for heat illness prevention104 programs, multilingual heat safety posters, and multilingual training materials to support105 compliance with the provisions of this Code section on the department website.106 (e) The department shall monitor compliance with the provision s of this Code section107 through random inspections of workplace environments and by the investigation of108 complaints filed with the department.109 (f) The Commissioner shall have the authority to impose civil monetary penalties of up to110 $2,500.00 for each act in violation of this Code section and of up to $5,000.00 for each act111 in violation of this Code section if the employer knew or reasonably should have known112 that such employer was in violation of this Code section. The Commissioner is authorized113 to enter into settlement agreements and corrective action plans with employers to resolve114 compliance issues and secure safe working conditions for employees.115 (g) Subject to appropriations, the department shall establish a grant program for the116 purpose of distributing grants to support employers in rural counties with compliance with117 the provisions of this Code section.118 H. B. 1071 - 5 - 26 LC 52 0885 (h) No later than December 31, 2027, and annually thereafter, the Commissioner shall119 submit a report to the chairpersons of the House Committee on Industry and Labor and the120 Senate Insurance and Labor Committee on the implementation and effect of this Code121 section, including data on emergency room visits by employees attributed to heat illnesses,122 heat illness workers' compensation claims, and occupational dea ths due to heat illness,123 disaggregated by region, industry, employer type, and worker st atus. All relevant state124 agencies and employers shall cooperate in collecting and sharin g data necessary for the125 preparation of the reports required by this subsection.126 (i) The department shall promulgate rules and regulations nece ssary to implement the127 provisions of this Code section."128 SECTION 4.129 All laws and parts of laws in conflict with this Act are repealed.130 H. B. 1071 - 6 -