To establish a proposed regulation on occupational heat disease and injury prevention, the Occupational Health and Safety Bureau of the New Mexico Environment Department (NMED) has petitioned the state’s Environmental Improvement Board.
The regulation is a crucial step in shielding New Mexico employees from extreme heat while they are on the job.
Through public outreach, and presentations to employer associations, worker safety advocacy groups, and climate-related non-governmental organizations, the New Mexico Environment Department and its Occupational Health and Safety Bureau have been actively promoting worker safety in hot environments for a number of years.
The National Weather Service reports that one of the main causes of weather-related fatalities in the US is excessive heat. One of the areas of the United States that is warming the fastest is the southwestern region, which includes the state of New Mexico.
In 2024, more than 800 ER visits were attributed to heat, according to the New Mexico Department of Health. Although the majority of the visits were focused in the state’s northwest and south, heat has a hazardous effect on workers all around the state.
“New Mexico is both hotter and dryer than in years past due to the impacts of climate change,” said Kristy Peck, acting occupational health and safety bureau chief. “Employers need to protect their employees from the reality of heat-related injuries.”
Under the proposed rule, employers are required to take measures to protect workers from heat-related illness and injury.
These measures include:
- Taking time to acclimate to hot environments.
- Providing access to clean, cool drinking water throughout the workday.
- Mandating frequent rest periods in the shade.
These simple actions prevent harm to employees working in high-temperature settings.
The regulation preserves our quickly expanding economy and the health of its employees. Among the most vulnerable to heat-related diseases and injuries are those employed in our expanding industries, including construction, energy infrastructure, extractive industries, film and television, and outdoor leisure. The regulation will ensure that they can carry on working securely.
New Mexico would join five other states—California, Nevada, Minnesota, Oregon, and Washington—in safeguarding its employees against the risks of heat in the face of climate change if the state’s Environmental Improvement Board approves the rule.
The New Mexico Environment Department does not control the Environmental Improvement Board. It accepts and issues almost all of the rules that the Environment Department oversees. The governor appoints the board’s seven members, who are then confirmed by the New Mexico State Senate. The board was formed in accordance with state law.
The first step in the rulemaking process is the petition being submitted to the Environmental Improvement Board by the Environment Department Occupational Health and Safety Bureau. In June of this year, the petition asks the board to hold a two-day hearing. The rule will go into force in July 2025 after it is approved by the Environmental Improvement Board.
The next step is for the Occupational Health and Safety Bureau to open comment on the rule for 60 days in April and May of 2025. All public comments received during the comment period will be evaluated and responded to as appropriate by the New Mexico Environment Department prior to submission of the final rule to the Environmental Improvement Board before the hearing date. A copy of the draft rule is available here for review.