(The Center Square) – Businesses would face new weather-based mandates from state government if lawmakers approve Illinois House Bill 3762.
The proposal by state Rep. Edgar González, Jr., D-Chicago, would impose new rules when “excessive” weather conditions impact workplaces.
The proposed regulations would apply when the wind chill is 40 degrees or lower and when the heat index is 80 degrees or more. Among other changes, employees could refuse to work and employers would have to make adjustments and accommodations.
National Federation of Independent Business Illinois State Director Noah Finley said businesses would be required to keep records and create plans to deal with the weather.
“These plans have to include a whole lot of things, from providing warm beverages or access to shade. These can be pretty comprehensive plans,” Finley told The Center Square. “Exactly what that would look like would be determined by the Department of Labor.”
The Workplace Extreme Temperature Safety Act provides that the Illinois Department of Labor would set rules for “excessive” conditions.
“Say for example, you are a landscaper and you have one team in one town and another team in a town like 15 to 20 miles away. You can have a different heat index, based upon a lot of factors,” Finley said.
A heat index of 80 degrees is in the Caution range set by the National Weather Service.
The NWS Heat Index Chart ranks heat indices of 90 to 105 degrees in the category of Extreme Caution and heat indices of 105 to 129 in the Danger range. Heat indices at 130 degrees or more rise into Extreme Danger.
Finley said HB 3762’s record-keeping requirements would be a huge hurdle for small businesses.
“Tracking that so that you are safe from lawsuits so you have all your paperwork in order would be a huge administrative burden for these small employers,” Finley added.
The bill would force employers to provide training and keep records of training and procedures for three years.
When wind chills fall below “excessive” standards, employers would have to provide warm, non-caffeinated beverages to employees and also provide them with and access to warming stations sheltered from wind and precipitation.
With “excessive” heat indices, employers would have to provide paid rest breaks, potable water and shaded or climate-controlled cool-down areas.
Regulations would also apply to indoor workplaces.
Finley said businesses of any size could be the target of frivolous lawsuits by non-employees who allege violations.
“Most small employers, I mean, they do not have a legal team. They do not have all the protections, so they can be very easily targeted by these so-called ‘interested parties’ for lawsuits,” Finley said.
HB 3762 is up for consideration by the Illinois House after it was approved by the chamber’s Labor and Commerce Committee.
