The Illinois House Labor and Commerce Committee voted on Mar. 30 to advance Floor Amendment #2 to HB 3762, sponsored by Representative Edgar Gonzalez, sending the measure to the full House for consideration.
The proposed legislation would set new requirements for both indoor and outdoor workplaces based on specific temperature thresholds. For outdoor work, regulations would apply when temperatures drop to 32°F or lower or rise to 79°F or higher. For indoor settings, rules would be triggered at 65 degrees or lower during light work, at 60 degrees or lower during heavy work, and at any time the temperature reaches 79 degrees indoors.
According to the amendment text, employers would be required to provide shelter and additional rest breaks for workers in affected conditions. Other mandates include extensive monitoring of temperatures and employees, supplying warm non-caffeinated beverages in cold conditions and water cooler than 61 degrees in hot conditions, as well as providing a range of personal protective equipment such as cooling vests, moisture-wicking undergarments, insulated gloves and footwear, wide-brim hats, neck gaiters, heated devices for warmth in winter months and more. Annual training sessions for employees are also included among the requirements.
Noah Finley, Illinois State Director of the National Federation of Independent Business (NFIB), said: “These proposed regulations would shut down small businesses. Small businesses lack the administrative capacity to implement all these regulations and requirements, and the way this bill is written, if they fell short in any way, they’d be subject to expensive civil fines and lawsuits—something few small business owners could afford.”
Under HB 3762’s current language employees could refuse unsafe work if they reasonably believe their employer has not complied with temperature safety rules or that working under certain conditions could result in illness or injury. Employers found violating these provisions may face fines or civil lawsuits; firing an employee within ninety days of exercising rights under this act is presumed unlawful retaliation.
Broader implications of this legislation include increased obligations for employers throughout Illinois who may need significant operational changes should it become law.
