On behalf of our member companies that make NJBIA the largest, most impactful association representing New Jersey job creators, I write to you in opposition to Assembly Bill No. 5022, which would mandate expedited rules to address heat stress for employees in indoor and outdoor environments. NJBIA’s members include businesses in nearly every market sector throughout the State, many of whom would be subject to this legislation’s standard regulating heat exposure. For our members, the prevention of employee illness through exposure to heat has always been and continues to be a critical part of maintaining an effective workplace safety program. However, our members have found that it would be extraordinarily difficult for them to comply with this legislation given its sheer impracticality, vagueness, costs, and industrial workplace-oriented standards that do not fit the needs of all businesses and clearly makes New Jersey an outlier regarding this new overly burdensome mandate.
Vagueness Leads to Uncertainty and Litigation
First, the bill would force employers to stop work during periods of excessive heat unless a worker’s duties are essential. An expansive definition of “non-essential” could result in long-term closure of businesses; employers will struggle to determine what is “non-essential;” and disputes over whether tasks are essential will lead to unnecessary litigation. This excessive requirement would have a host of unintended consequences, including smaller paychecks for employees, disruptions to the normal course of business, and companies rethinking their decision to do business in our state during the summer. While excessive heat presents a hazard that must be addressed, employers have proven that they can provide safe workplaces for employees during these times. Some of the steps that employers are taking are recommended by the Occupational Safety and Health Administration (OSHA), including increased access to shade, water, rest, misting fans, moisture-wicking clothing, and cooling vests. Some states, including those in warmer climates, have implemented heat illness prevention standards but New Jersey would be the only state with a requirement such as this.
Overly Broad Labor Commissioner Stop-Work Authority
Our members have grave concerns with this bill providing the Labor Commissioner the authority to issue a stop-work order across a business’ entire operation. This bill would allow for the smallest of administrative errors to result in a company shuttering its operations across the state, not just its one facility accused of a violation. Hypothetically, a business with 100 locations across the state may have to close each establishment and send workers home if the Labor Commissioner issues a stop-work order to one site. Such a provision would be unique among U.S. jurisdictions and would even exceed federal OSHA’s powers. New Jersey doesn’t need to become an outlier on yet another labor mandate when we are already making it as challenging and costly as possible to run a business in the state.
New State Role Leads to Added Costs in Already Unaffordable State
Furthermore, given Governor Murphy’s recent directive requiring all state departments to reduce operating budgets by 5%, this legislation imposes a costly mandate that is unaffordable for both private and public employers, and the public sector that would enforce it. State agencies and their existing staff do not regulate occupational or workplace safety across the state’s employers; federal OSHA does. If enacted, this legislation would require a significant expenditure to hire new employees. State agencies are preparing to implement substantial budget cuts, which will likely impact public services that businesses rely on, such as permitting, infrastructure maintenance, and workforce development programs. Introducing new expenditures and mandates under these conditions risks further burdening the business community and governmental entities and undermining efforts to support economic growth.
For these reasons, we respectfully request that you vote NO on A-5022. Thank you for taking our concerns and suggestions into consideration.
