The skyline of Albuquerque, New Mexico, US, which is located in the Chihuahuan Desert. (Image: Adobe Stock)

This initiative underscores what New Mexico calls a proactive approach to safeguarding its workforce in what is the fourth driest climate of 50 US states.

Key provisions of New Mexico鈥檚 proposed heat rule

The state鈥檚 new rule emphasises three key provisions:

• Acclimatisation: Employers would be required to implement procedures allowing workers to gradually adapt to hot environments, reducing the risk of heat stress.鈥�
• Hydration: The rule mandates that employers provide access to clean, cool drinking water throughout the workday to ensure adequate hydration.鈥�
• Rest Periods: Employers must mandate frequent rest periods in shaded or cool areas, allowing workers to recover from heat exposure.鈥�

These measures are designed to protect employees in high-temperature settings (at or more than 80-degrees Fahrenheit or 27-degrees Celcius), specifically those in industries such as construction, energy infrastructure, and extractive sectors. Outside of the built environment, NMED said film and television production and outdoor recreation industries are also largely impacted by severe heat.

If adopted, New Mexico would join states like California, Nevada, Minnesota, Oregon, and Washington in implementing specific regulations to protect workers from heat-related hazards.鈥�

Why are US states and not the federal government creating workplace standards?

A construction worker wipes his brow during a project. (Image: Adobe Stock)

While the US Occupational Safety and Health Administration (OSHA) initiated efforts to establish a federal heat illness prevention standard in 2021 under the Biden administration, progress has been slow.

Additionally, there鈥檚 belief that the current Trump administration is unlikely to support or continue the initiation of federal heat illness prevention standards.

In the absence of comprehensive federal regulations, states are increasingly enacting their own standards to address the immediate needs of their workers.

US OSHA proposes rule to protect workers from extreme heat US agency proposed a new rule that would increase protections from heat for workers

It鈥檚 a trend some critics of the federal government say reflects a growing concern that US action may not be timely enough to mitigate the risks posed by extreme heat, prompting state governments to take independent measures to ensure worker safety.鈥�

Next steps for New Mexico鈥檚 heat rule

The NMED鈥檚 petition marks the beginning of the rulemaking process. A two-day hearing before the Environmental Improvement Board is anticipated in June, following a 60-day public comment period scheduled for April and May.

If the rule is adopted, it is expected to take effect in July 2025.鈥�

Some states are deregulating workplace heat standards 

An engineer takes a water break on-site. (Image: Adobe Stock)

In contrast to New Mexico鈥檚 state-level regulatory stance, Texas recently attempted enacting legislation that nullifies local ordinances mandating water breaks for construction workers.

House Bill 2127 was signed into law by Texas Governor Greg Abbott in June 2023, and for a time it overrode city and county regulations, such as those in the cities of Austin and Dallas, which required ten-minute water breaks every four hours for construction workers.

Proponents of the bill argued it ensured uniform regulations across the state for workplace standards.

However, the move raised concerns among labour advocates, especially given that Texas leads the nation in worker deaths due to high temperatures: At least 42 workers died in the state from environmental heat exposure between 2011 and 2021, according to the US Bureau of Labor Statistics. 鈥�

Ultimately, a Texas District Court judge ruled House Bill 2127 was unconstitutional.

Similarly, Florida enacted a law (House Bill 433) effective July 1, 2024, that prohibits cities and counties from imposing their own heat-protection rules on businesses.

This pre-emptive measure was introduced as Miami-Dade County officials were considering local heat safety ordinances to protect outdoor workers.

Supporters of the law claim it prevents a patchwork of regulations that could complicate compliance for businesses, while critics argue it strips local governments of the ability to address specific environmental challenges faced by their communities.

At present, state lawmakers are attempting to pass state-level regulations meant to bolster protections from heat for workers. Florida does not strictly regulate heat-related workplace standards, which means adherence to best-practice health-and-safety protocol is up to the employer.