Int. No. 1377
By Council Members De La Rosa and Cabán
A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to protections for construction workers from extreme heat
Be it enacted by the Council as follows:
Section 1. Section 28-101.5 of title 28 of the administrative code of the city of New York, as amended by local law number 128 for the year 2024, is amended by adding new definitions in alphabetical order to read as follows:
Extreme heat stress threshold. An hour or more of an actual or projected sustained temperature of 95 or more degrees Fahrenheit, or a temperature as determined by rule of the department provided such temperature is not less than 95 degrees Fahrenheit.
Heat illness. A medical condition resulting from the body’s inability to cope with excessive heat including but not limited to heat cramps, heat exhaustion, heat syncope, and heat stroke.
Heat stress threshold. An hour or more of an actual or projected sustained temperature of 85 or more degrees Fahrenheit.
§ 2. Section 28-103.21.1 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:
§ 28-103.21.1. Reporting. Where construction work subject to permitting by the commissioner that results in a fatality, [or] injury, or heat illness to any individual, including a member of the general public or a construction worker, occurs on a construction site within the city, the owner or person otherwise in control of the site at which such incident occurred, or, if the incident involved a construction worker, the general contractor or subcontractor that employed such worker, shall report to the department, within three business days after the occurrence of such incident, the information required by section 28-103.21, with such reporting made via an electronic portal established by the department for the purpose of collecting the required information.
§ 3. Section 201.3.1 of chapter 2 of the New York city building code, as amended by local law number 126 for the year 2021, is amended by adding new definitions in alphabetical order to read as follows:
EXTREME HEAT STRESS THRESHOLD.
HEAT ILLNESS.
HEAT STRESS THRESHOLD.
§ 4. Chapter 33 of the New York city building code is amended by adding a new section BC 3322 to read as follows:
SECTION BC 3322
HEAT PROTECTION FOR CONSTRUCTION WORKERS
3322.1 Scope. This section sets forth requirements for a permit holder at certain construction or demolition sites.
3322.2 Heat action plan. Each permit holder at a building site for which a construction superintendent, site safety manager, or site safety coordinator is required shall be responsible for creating and adhering to a heat action plan outlining heat protection measures to prevent each construction or demolition worker employed or otherwise engaged at such site by or on behalf of such permit holder from experiencing heat illness. The heat action plan shall be kept on site and made available to the department upon request.
3322.3 Heat stress threshold protections. The heat action plan shall include the following protection measures:
1. Hydration stations. The permit holder shall provide access to potable drinking water from a sanitary source and kept at sixty degrees or cooler at no cost to the worker. The water shall be located as close as practicable to the areas where employees are working. Water shall be provided at the beginning of the work shift to provide no less than one quart per worker per hour for drinking the entire shift; provided, however, that an employer may begin the shift with smaller quantities of water where such employer has effective procedures for replenishment during the shift as needed to allow workers to drink one quart or more per hour. For construction or demolition sites with more than one permit holder, one hydration station accessible to all workers on site shall be sufficient.
2. Access to shade. Shade shall be made available while workers are present when the temperature exceeds the heat stress threshold and shall be as close to the worksite as reasonably possible. When the outdoor temperature in the work area exceeds the heat stress threshold, the permit holder shall have and maintain one or more areas with shade, at all times while workers are present, that are either open to the air or provided with ventilation or cooling. The amount of shade present shall be at least enough to accommodate the number of workers on preventative breaks, to allow workers to sit in a normal posture fully in the shade with at least four square feet per resting worker. Where the permit holder can demonstrate that it is infeasible or unsafe to have a shade structure, or otherwise to have shade present on a continuous basis, the permit holder may utilize alternative procedures for providing access to shade if the alternative procedures provide equivalent protection.
3. Medical monitoring. Permit holders shall closely monitor temperatures and implement their heat action plan. If a worker exhibits signs or reports symptoms of heat illness while taking a preventative break, or at any other time, the permit holder shall make a reasonable effort to provide the worker with access to first aid or other treatment.
4. Personal protective equipment. Permit holders shall provide the necessary protective equipment, gear, and uniforms to withstand temperatures at or exceeding the heat stress threshold to the extent practicable, including but not limited to fans, when practicable.
3322.4 Reporting. Where a worker experiences heat illness, such incident shall be reported to the department pursuant to section 28-103.21.1 of the Administrative Code.
3322.5 Work suspension during extreme heat stress threshold. Every permit holder shall be precluded from conducting work pursuant to a permit when the outside temperature exceeds the extreme heat stress threshold, unless otherwise authorized by the department to continue work to address an immediately hazardous condition.
§ 5. This local takes effect 120 days after it becomes law.
APM
LS #16925
6/3/2025 4:31 PM