Ready or not, the Arizona summer heat will be here before we know it. And this year, along with the high temperatures comes a new ordinance intended to protect certain workers from heat-related illnesses.
On March 26, 2024, the Phoenix City Council unanimously approved the ordinance, which will take effect on April 25, 2024. The new ordinance creates specific outdoor workplace heat-related illness and injury mitigation obligations on any person or entity that is a party to a city contract, city lease, or city license (contractor). Covered employees are those performing outdoor work under a city contract, subcontract, lease, or license with the City of Phoenix (including at Sky Harbor Airport).
The law generally requires contractors and subcontractors whose employees and contract workers perform work in an outdoor environment to create and maintain a written heat safety plan documenting all heat safety and mitigation efforts to prevent heat-related illnesses and injuries in the workplace.
Specifically, such heat-related safety and mitigation efforts include providing covered employees with free cool, sanitized drinking water; regular and necessary breaks as needed, including for hydration; access to shaded or air-conditioned areas; acclimatization practices; and training related to heat illness and safety. Additionally, by May 1, 2025, employees must be provided access to air-conditioned vehicles with enclosed cabs.
Violations of this law could result in the termination, cancellation, or suspension of the contract with the City, or suspension or disbarment with the City of Phoenix (suspended or prohibited from entering into any contracts with the City while the suspension or disbarment is in effect). If you have questions about how this law may affect your business or need assistance putting together a written heat safety plan, please contact an Arizona Employers Council attorney at Scottsdale@employerscouncil.org.