HB 1580 — An Act providing for regulations for employers to protect employees from heat-related injury or heat-related illness caused by heat stress; imposing duties on the Department of Labor and Industry and the Secretary of Labor and Industry; establishing the Heat Protection Enforcement Fund; and imposing penalties.

PRINTER'S NO.    2251

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 1580
                                              Session of
                                                2025

     INTRODUCED BY FIEDLER, SANCHEZ, HANBIDGE, McNEILL, KRAJEWSKI,
        HILL-EVANS, WAXMAN, VENKAT, NEILSON, HADDOCK, MERSKI,
        FREEMAN, HARKINS, GUZMAN, PIELLI, CEPEDA-FREYTIZ, INGLIS,
        GIRAL, RABB, HOWARD, MAYES AND STEELE, AUGUST 28, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 2, 2025


                                   AN ACT
 1   Providing for regulations for employers to protect employees
 2      from heat-related injury or heat-related illness caused by
 3      heat stress; imposing duties on the Department of Labor and
 4      Industry and the Secretary of Labor and Industry;
 5      establishing the Heat Protection Enforcement Fund; and
 6      imposing penalties.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9   Section 1.   Short title.
10      This act shall be known and may be cited as the Workplace
11   Heat Protection Standards Act.
12   Section 2.   Definitions.
13      The following words and phrases when used in this act shall
14   have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      "Acclimatization."   The adaptation of the body to work in
17   high temperatures as the body is exposed to heat gradually over
18   time, reducing the strain caused by heat stress and enabling an
19   individual to work with less chance of developing a heat-related
 1   injury or heat-related illness.
 2      "Alternative cooling and control measure."    Engineering,
 3   work-practice, administrative or other controls to manage heat,
 4   including job rotation, mechanical ventilation systems, misting
 5   equipment, cooling vests, air-cooled or water-cooled garments
 6   and access to water.
 7      "Authorized employee representative."    The following:
 8          (1)     an employee authorized by employees or the
 9      designated representative of an employee organization
10      recognized or certified to represent the employees; or
11          (2)     a person designated by employees for the purpose of
12      enhancing the effectiveness of an inspection, including
13      safety and health expertise, language proficiency or cultural
14      competency.
15      "Department."    The Department of Labor and Industry of the
16   Commonwealth.
17      "Employ."    To engage, suffer or permit to work. A worker is
18   considered an employee and not an independent contractor, unless
19   all of the following conditions are met:
20          (1)     the worker is free from the control and direction of
21      the employer in connection with the performance of the work;
22          (2)     the worker performs work that is outside the usual
23      course of the employer's business; and
24          (3)     the worker is customarily engaged in an
25      independently established trade, occupation or business of
26      the same nature as that involved in the work performed.
27      "Employee."    Any person employed by an employer.
28      "Employer."    The Commonwealth, its political subdivisions and
29   their instrumentalities or any person, association, entity,
30   organization, partnership, business trust, limited liability

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 1   company or corporation who directly or indirectly, or through an
 2   agent or any other person, employs or exercises any control over
 3   the wages, hours or working conditions of any employee.
 4      "Heat index."     A measurement of heat perception when relative
 5   humidity is taken into account with actual air temperature,
 6   which can be extrapolated from temperature and relative humidity
 7   using the National Weather Service Heat Index.
 8      "Heat stress."     The net load to which a worker is exposed
 9   from the combined contributions of metabolic heat, environmental
10   factors, physical exertion, heat generating processes, machinery
11   and equipment and clothing worn which results in an increase in
12   heat storage in the body, causing body temperature to rise to
13   dangerous levels.
14      "Heat-related illness."     A medical condition resulting from
15   the inability of the body to rid itself of excess heat,
16   including heat rash, heat cramps, heat edema, heat exhaustion,
17   heat syncope, rhabdomyolysis and heat stroke.
18      "Heat-related injury."     An injury that results from impaired
19   cognitive, perceptual and motor functions caused by a heat-
20   related illness.
21      "High-heat condition."     For outdoor and indoor places of
22   employment, a heat index that equals or exceeds 80º Fahrenheit.
23      "Personal protective equipment."     Equipment worn to protect
24   an employee against heat stress, heat-related injury or heat-
25   related illness, including water-cooled garments, air-cooled
26   garments, heat reflective clothing or cooling vests.
27      "Secretary."     The Secretary of Labor and Industry of the
28   Commonwealth or a designated agent.
29      "Workplace."     A place in or about which an employee is
30   allowed to perform work-related duties.

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 1   Section 3.     Heat protection standards.
 2      No later than one year after the effective date of this
 3   section, the secretary shall promulgate regulations to require
 4   employers to protect employees from heat-related injury or heat-
 5   related illness caused by heat stress. When developing
 6   regulations required under this section, the secretary may
 7   consider the standards and proposed standards created by the
 8   Federal Occupational Safety and Health Administration, National
 9   Institute for Occupational Safety and Health, American
10   Conference of Governmental Industrial Hygienists, American
11   National Standards Institute, Maryland Occupational Safety and
12   Health Division, Oregon Occupational Safety and Health
13   Administration and California Division of Occupational Safety
14   and Health.
15   Section 4.     Application.
16      (a)   Applicability and enforcement.--
17            (1)   This act shall apply to all employers.
18            (2)   The secretary shall have authority to enforce the
19      regulations promulgated in accordance with the provisions of
20      this act.
21      (b)   Exception.--This act shall not apply to the following
22   employees or work-related duties, unless work is performed
23   during nonemergency situations:
24            (1)   Emergency response providers as defined in 42
25      Pa.C.S. § 8332 (relating to emergency response provider and
26      bystander good Samaritan civil immunity).
27            (2)   Fire service as defined in 35 Pa.C.S. § 7412
28      (relating to definitions).
29            (3)   Disaster emergency-related work as defined in 35
30      Pa.C.S. § 7102 (relating to definitions), except if work-

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 1      related activities are performed for five or more consecutive
 2      days.
 3      (c)   Construction.--Nothing in this act shall be construed to
 4   supersede or in any manner affect any workers' compensation law
 5   or to enlarge, diminish or affect in any manner common law or
 6   statutory rights, duties or liabilities of employers or
 7   employees under any law with respect to injuries, disease or
 8   death of employees arising out of an in the course of
 9   employment.
10   Section 5.    Regulations.
11      (a)   Duties of secretary.--The secretary shall incorporate
12   the requirements provided under this section into the
13   regulations promulgated under section 3. The secretary may
14   update or modify the regulations promulgated under section 3 as
15   deemed necessary to protect employees from heat-related injury
16   or heat-related illness.
17      (b)   Notice.--In accordance with the secretary's regulations,
18   an employer shall post a notice in a conspicuous location within
19   the workplace to ensure employees are informed of their
20   protections and obligations under this act, including the
21   provisions and regulations of this act. If at least 5% of the
22   employer's workforce speaks a language other than English, the
23   employer shall post the notice in the language spoken by each
24   language-distinct group of employees that constitutes at least
25   5% of the total workforce.
26      (c)   Heat-related injury and heat-related illness prevention
27   plan.--The secretary shall promulgate regulations requiring an
28   employer to develop, implement and maintain an effective
29   worksite heat-related injury and heat-related illness prevention
30   plan. An employer may consider the input of employees or

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 1   authorized employee representatives. The employer shall make the
 2   plan available in writing to all employees, including in the
 3   languages spoken by at least 5% of employees. An employer shall
 4   be required to conduct an annual review of the plan to determine
 5   whether revisions are necessary. The plan shall, at a minimum,
 6   contain procedures and methods, including the following:
 7          (1)   Initial and regular heat index monitoring for
 8      employee exposure to heat and determining whether an employee
 9      is exposed to high-heat conditions.
10          (2)   Providing suitably cool potable water and other
11      hydration as deemed appropriate at no cost to the employee
12      during high-heat conditions.
13          (3)   Providing paid rest breaks and access to shade,
14      cool-down areas or climate-controlled spaces at the worksite
15      during high-heat conditions.
16          (4)   Identifying and responding to suspected symptoms of
17      heat-related injury or heat-related illness, including heat
18      exhaustion and heat stroke.
19          (5)   Providing sufficient time and space to rest in
20      shaded or cool, climate-controlled areas during high-heat
21      conditions, at no cost to the employee.
22          (6)   Implementing rest break schedules as necessary to
23      reduce exposure to high-heat conditions.
24          (7)   Precautions for employees who have notified the
25      employer of the employee's preexisting risk or greater
26      likelihood of developing a heat-related injury or heat-
27      related illness.
28          (8)   Consideration of environmental conditions, workload,
29      indoor radiant heat sources, required clothing, personal
30      protective equipment and alternative cooling and controlling

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 1    measures when determining rest break schedules.
 2        (9)    Providing paid employee training on the hazards of
 3    heat exposure and the necessary steps to prevent heat-related
 4    injury or heat-related illness.
 5        (10)    The use of alternative cooling and control measures
 6    to manage heat at a worksite during high-heat conditions.
 7        (11)    Providing an acclimatization plan for new employees
 8    in an appropriately hot environment, employees that have not
 9    been in the workplace for an extended period and experienced
10    employees during a sudden increase in workload or heat index.
11    The acclimatization plan may be adjusted for specific
12    worksite conditions or employee needs.
13        (12)    Implementing additional mandatory and paid
14    preventive heat-related injury and heat-related illness
15    protocols at a heat index that equals or exceeds 90º
16    Fahrenheit.
17        (13)    Implementing a heat alert program for outdoor and
18    indoor non-climate-controlled environments to provide
19    notification to employees when the National Weather Service
20    forecasts high-heat conditions. Upon receiving notification,
21    the employer shall take the following precautions:
22               (i)    Postponing non-essential tasks until the high-
23        heat condition subsides.
24               (ii)    Instituting paid rest breaks.
25               (iii)    Encouraging employees to drink water and
26        electrolytes to remain hydrated.
27               (iv)    Instituting supervisor or buddy systems for
28        observing signs and symptoms of heat-related illness.
29               (v)    Regular monitoring of the heat index at job
30        sites and resting places to the extent practicable.

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 1            (14)   Developing a heat emergency response plan that
 2      provides an emergency response for an employee who has
 3      suffered an injury due to exposure to high-heat conditions
 4      and for an employee who is experiencing signs and symptoms of
 5      heat-related illness.
 6            (15)   Limiting the length of time an employee may be
 7      exposed to high heat during the work day.
 8            (16)   Implementing communications systems so that
 9      employees may contact their employer directly if the employee
10      is experiencing symptoms of a heat-related illness.
11            (17)   Providing training for employees and supervisors on
12      an employee's right to make a complaint or seek assistance
13      under this act.
14      (d)   Model plan.--No later than one year after the effective
15   date of this section, the department shall develop and publish
16   on the department's publicly accessible Internet website a model
17   heat-related injury and heat-related illness prevention plan.
18      (e)   Employee training.--The secretary shall promulgate
19   regulations requiring an employer to provide annual paid
20   training and education to all employees who may be exposed to
21   high-heat conditions and repeat the training and education
22   within one month of a death or serious injury occurring as a
23   result of high-heat exposure in the workplace. The employee
24   training and education courses shall include the following:
25            (1)    The identification of heat-related injury or heat-
26      related illness factors.
27            (2)    Signs and symptoms of heat-related injury or heat-
28      related illness.
29            (3)    Different types of heat-related injury or heat-
30      related illness.

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 1            (4)   The importance of acclimatization and hydration.
 2            (5)   Available climate control measures.
 3            (6)   The need for reporting heat-related injury or heat-
 4      related illness symptoms being experienced by an employee.
 5            (7)   Personal risk factors that may contribute to
 6      development of a heat-related illness.
 7            (8)   Emergency response procedures and procedures that
 8      follow a "cool first, transport second" approach based on
 9      recommendations by the National Association of EMS Physicians
10      to perform when an employee exhibits signs or reports
11      symptoms of possible heat-related injury or heat-related
12      illness.
13            (9)   Employee rights, including information on health
14      risks directly associated with the duties of employment under
15      29 U.S.C. Ch. 15 (relating to occupational safety and health)
16      and related Federal regulations, a summary of the rights and
17      requirements under 29 U.S.C. Ch. 15 and related Federal
18      regulations and the department regulations promulgated to
19      implement this act.
20      (f)   Supervisor training.--The secretary shall promulgate
21   regulations requiring an employer to provide annual paid
22   training and education to supervisors who are tasked with
23   supervising employees who may be exposed to high-heat
24   conditions. The supervisor training and education shall include
25   the following:
26            (1)   Proper procedures a supervisor is required to follow
27      under this section regarding the protection of employees
28      exposed to high-heat conditions.
29            (2)   Recognizing high-risk situations, including how to
30      monitor weather reports and weather advisories, and how to

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 1      avoid assigning an employee to an area or situation that
 2      could predictably risk the safety of the employee.
 3            (3)   Proper procedures, including emergency response
 4      procedures and procedures that follow a "cool first,
 5      transport second" approach based on recommendations by the
 6      National Association of EMS Physicians.
 7      (g)   Employer duties.--The secretary shall promulgate
 8   regulations requiring an employer to provide training and
 9   education under this section to perform the following:
10            (1)   Provide each new employee with the paid training and
11      education required under this section at the onset of
12      employment.
13            (2)   Repeat training and education within one month of a
14      death or serious injury occurring as a result of high-heat
15      exposure in the workplace.
16            (3)   Provide employees with opportunities to ask
17      questions and request additional instruction, clarification,
18      or follow-up.
19            (4)   Designate an individual with knowledge of heat-
20      related injury or heat-related illness prevention and the
21      plan required under subsection (c) to provide the annual
22      education and training to employees and supervisors.
23      (h)   Record maintenance.--The secretary shall promulgate
24   regulations requiring an employer to maintain records relating
25   to the heat-related injury and heat-related illness prevention
26   plan under subsection (c), the training and education
27   requirements required under this section, data on the heat index
28   measurements performed in the workplace and data on all heat-
29   related injuries, heat-related illnesses and heat-related
30   fatalities that have occurred in the workplace. Each employer

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 1   shall make the records available upon request at no cost to
 2   employees or authorized employee representatives and the
 3   secretary.
 4   Section 6.     Adverse action prohibited.
 5      (a)   Discrimination or retaliation.--An employer may not
 6   discharge, threaten or otherwise retaliate or discriminate in
 7   any manner against an employee for the following:
 8            (1)   Making a complaint to an employer, authorized
 9      employee representative, coworker, community organization,
10      before a public hearing or to a Federal or State agency about
11      what the employee believes to be a violation of rights
12      guaranteed under this act.
13            (2)   Seeking assistance or intervention regarding heat-
14      related injury or heat-related illness symptoms from the
15      employer, local emergency services or any other Federal or
16      State agency.
17            (3)   Refusing to work if the employee reasonably believes
18      the following:
19                  (i)    an employer has not met the minimum requirements
20            under this act to protect employees from heat-related
21            injury or heat-related illness; or
22                  (ii)   performing the required work in high-heat
23            conditions may result in a heat-related injury or heat-
24            related illness because sufficient protective measures
25            have not been provided.
26            (4)   Exercising any other rights afforded under this act.
27      (b)   Action.--An employee who suffers adverse action in
28   violation of this section may bring a private right of action
29   under section 7.
30   Section 7.     Private right of action.

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 1      (a)   Employees.--An employee who has been discharged,
 2   threatened or has otherwise suffered retaliation, discrimination
 3   or other adverse action as result of seeking intervention,
 4   refusing to work in unsafe conditions or reporting a violation
 5   of this act, may bring a private right of action in a court of
 6   common pleas in accordance with established civil procedures of
 7   this Commonwealth.
 8      (b)   Time.--An action under this section must be brought
 9   within three years from the date that the employee knew of a
10   violation, retaliation or discrimination.
11      (c)   Relief.--If an employee prevails in an action commenced
12   under this section, the employee shall be entitled to the
13   following relief:
14            (1)   Where the employee has been discharged or demoted,
15      reinstatement of the employee without a loss in seniority
16      status, if applicable.
17            (2)   Where the employee has been discharged or demoted,
18      restitution equal to three times the amount of the employee's
19      lost wages and fringe benefits calculated from the date of
20      the violation, retaliation or discrimination.
21            (3)   Compensatory and punitive damages.
22            (4)   Reasonable attorney fees and costs of the action.
23            (5)   Other legal and equitable relief the court deems
24      appropriate to make the employee whole.
25   Section 8.     Investigative authority.
26      (a)   Secretary.--The secretary shall have the authority to
27   investigate any workplace in this Commonwealth in order to
28   ascertain compliance with this act.
29      (b)   Right to inspect.--To carry out the purposes of this
30   act, the secretary shall, upon presenting appropriate

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 1   credentials to an employer, have the authority to:
 2            (1)   Enter and inspect the workplace of the employer,
 3      including any worksite where employees are performing work,
 4      without advance notice, for the purpose of examining and
 5      inspecting any records of the employer relating to the
 6      question of compliance with this act.
 7            (2)   Copy any or all records as deemed necessary or
 8      appropriate by the secretary during inspection.
 9            (3)   Question employees or authorized employee
10      representatives, in private, during inspection.
11            (4)   Conduct any tests to determine whether a violation
12      has occurred.
13            (5)   Require the employer to provide full and correct
14      statements in writing, including sworn statements, regarding
15      compliance with this act as the secretary may deem necessary
16      or appropriate.
17      (c)   Denied inspection.--Whenever the secretary, proceeding
18   in accordance with this section, is denied admission to a
19   workplace, the secretary may obtain a warrant to make an
20   inspection or investigation of the workplace and any related
21   worksites from a judge of Commonwealth Court.
22      (d)   Persons to accompany secretary.--Subject to the
23   regulations issued by the secretary, a representative of the
24   employer and an authorized employee representative shall be
25   given an opportunity to accompany the secretary during the
26   physical inspection of a workplace for the purposes of aiding
27   the inspection. If there is not an authorized employee
28   representative, the secretary shall consult with a reasonable
29   number of employees concerning exposure to high-heat conditions
30   in the workplace. An employee who accompanies the secretary on

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 1   an inspection shall not suffer a reduction in wages as a result
 2   of accompanying the secretary.
 3      (e)   Rules and regulations.--The secretary shall promulgate
 4   regulations as the secretary deems necessary to carry out the
 5   secretary's responsibilities under this act, including
 6   regulations regarding the inspection of an employer's workplace,
 7   including any worksite where employees are performing work.
 8   Section 9.     Collective bargaining agreements.
 9      Nothing in this act shall be construed to diminish the
10   rights, privileges or remedies of an employee under a collective
11   bargaining agreement.
12   Section 10.    Penalties.
13      (a)   Noncompliance.--Upon investigation and a determination
14   by the department that an employer failed to comply with the
15   requirements of section 3 or any regulations prescribed under
16   this act, the department may assess an administrative penalty of
17   $1,000 per day until the failure is cured. If the employer does
18   not cure the failure within 10 days, the department may assess
19   an administrative penalty of not more than $15,000 per day for
20   every day exceeding 10 days.
21      (b)   Willful or repeated violations.--An employer who
22   willfully or repeatedly violates the requirements of section 3
23   or any regulations prescribed under this act may be assessed an
24   administrative penalty of not more than $160,500 for each
25   violation.
26      (c)   Violation causing death.--
27            (1)   An employer who violates the heat protection
28      standards promulgated under section 3 or any regulations
29      prescribed under this act, which violation caused death to an
30      employee, commits a misdemeanor and shall, upon conviction,

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 1      be sentenced to pay a fine of not more than $100,000 or to
 2      imprisonment for not more than six months, or both.
 3            (2)   If a conviction is for a violation committed after a
 4      first conviction, the person shall be sentenced to pay a fine
 5      of not more than $200,000 or to imprisonment for not more
 6      than one year, or both.
 7      (d)   False statements.--A person who knowingly makes a false
 8   statement, representation or certification in a record, report,
 9   plan or other document filed or required to be maintained under
10   this act commits a misdemeanor and shall, upon conviction, be
11   sentenced to pay a fine of not more than $10,000.
12      (e)   Posting requirements.--An employer who violates the
13   posting requirements as prescribed under this act shall be
14   assessed an administrative penalty of not more than $500 for
15   each violation.
16      (f)   Refusing entry.--An employer who refuses entry to the
17   secretary while attempting to conduct an investigation or
18   inspection under this act or willfully obstructs an authorized
19   employee representative from carrying out an investigation or
20   inspection commits a misdemeanor and shall, upon conviction, be
21   sentenced to pay a fine of not more than $500.
22      (g)   Considerations.--When determining the penalty amount
23   under this section, the secretary shall consider the history of
24   previous violations, the severity of the violation, the good
25   faith of the employer and the size of the employer's business.
26   Section 11.    Heat Protection Enforcement Fund.
27      The Heat Protection Enforcement Fund is established as a
28   separate fund in the State Treasury. The following shall apply:
29            (1)   All fines and penalties collected under section 9
30      shall be deposited into the Heat Protection Enforcement Fund.

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 1          (2)    Money in the Heat Protection Enforcement Fund is
 2      appropriated on a continuing basis to the department to be
 3      used for investigations of violations and for the enforcement
 4      of this act.
 5   Section 12.   Construction.
 6      Nothing in this act shall be construed to prohibit the
 7   secretary from pursuing Federal or State funding for the
 8   purposes of this act.
 9   Section 13.   Effective date.
10      This act shall take effect in 60 days.




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