Legislative lowdown: Phoenix passes heat ordinance to protect contractors

Following a summer of record-breaking heat and associated deaths, Phoenix amended its city code to better protect contractors working in the Arizona capital from “heat-related illnesses and injuries in the workplace.”

The ordinance, which Phoenix’s city council passed unanimously, applies to city contractors and subcontractors whose employees work “in an outdoor environment.” Under the new rule, covered employers must develop a written heat safety plan that, at a minimum:

• Makes “sanitized cool drinking water” available to all employees and contract workers for free, at easily accessible locations.
• Allows workers to take “regular and necessary breaks,” in addition to hydration breaks.
• Provides access to air conditioning and/or shaded areas.
• Installs functional air conditioning in “vehicles with enclosed cabs” by May 1, 2025.
• Includes “effective acclimatization practices.”
• Conducts training that is available and easy to understand for all employees and contract workers.

Turning up the heat. After last summer’s record temperatures, the state of Arizona asked employers to create written plans aimed at reducing the “risk for heat-related illnesses and injuries” as part of a State Emphasis Program. City of Phoenix departments developed a Heat Illness and Injury Prevention Plan to support employees in line with this program, and then sought feedback from stakeholders on supporting contract workers, resulting in the current ordinance.

Amid heat waves across parts of the Southwest, Midwest, and Northeast US last summer, the Department of Labor issued a hazard alert reminding employers of their duty to protect workers who are assigned to work in high heat conditions.

Despite a push to develop a federal heat-specific workplace standard, the Occupational Safety and Health Administration doesn’t currently have one in place. Local efforts to protect workers from the heat in Florida and Texas have been thwarted by Republican lawmakers.

In the absence of more meaningful policies, there are a few measures HR can take to protect workers exposed to the heat, experts told HR Brew in August 2023. They include shifting schedules to cooler times of day, as well as investing in technology such as monitors to measure workers’ core body temperatures.