Vermont lawmakers are evaluating a proposal to introduce stringent temperature regulations in workplaces across the state. The proposed legislation, known as S.153 and H.348, would apply to both indoor and outdoor worksites during periods of extreme heat or cold.
The proposal mandates that employers display thermometers capable of measuring the “wet bulb globe temperature” at each worksite. Additionally, businesses must develop comprehensive prevention plans for extreme injuries and illnesses, which include emergency response procedures and education on temperature-related risks.
Employers would be required to provide training at no cost to employees about the risks associated with extreme temperatures. This training must be accessible in a language and literacy level understood by all employees. Supervisors also need appropriate training.
For temperatures exceeding 80 degrees, employers must ensure effective communication means for employees to report concerns, provide access to potable water, and offer shaded or air-conditioned break areas. When temperatures fall below 60 degrees, similar provisions apply with adjustments suitable for cold conditions.
Employees are protected from retaliation when exercising their rights under this proposal and can sue employers for non-compliance. Certain exemptions exist for work environments where exposure to extreme temperatures is limited or controlled.
The National Federation of Independent Business (NFIB) has expressed concerns over the complexity of these regulations, emphasizing potential challenges for small businesses in implementing them effectively without incurring significant costs.
In 2024, the Biden Administration proposed a similar federal rule under OSHA’s Heat Injury and Illness Prevention initiative. However, this rule remains unfinalized following a freeze ordered by the Trump Administration earlier this year.
The U.S. Small Business Administration has raised concerns regarding the burden such regulations place on small businesses, particularly highlighting issues related to inflexible break schedules and feasibility in certain industries like road construction.
