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The State of NM Environmental Department distributed a news release on March 14th, 2025 announcing their intent to adopt a proposed Heat Stress Rule.
The Environmental Improvement Board (EIB) has pushed back its hearing until at least November 2025 - no specific date however. This delay comes after an outpouring of concern and rejection of the proposed rule by industry including NMUCA.
As this moves forward - or doesn't - I will keep you updated along the way.
NMUCA has joined a coalition of over fifteen organizations to be represented as an intervenor at the upcoming EIB; this means that our coalition can present evidence, data, and potential consequences of such a proposal to our industry.
NEWS RELEASE
For Immediate Release
May 30, 2025
Contact: Drew Goretzka, Director of Communications
New Mexico Environment Department
505.670.8911 | drew.goretzkaenv.nm.gov
NMED extends timeline for workplace heat protection rule
SANTA FE — The New Mexico Environment Department’s Occupational Health and Safety Bureau announced today that it will extend the adoption timeline for its proposed heat illness and injury rule.
This adjustment will allow for continued outreach and stakeholder engagement throughout the summer and fall, ensuring broader participation and input in the rulemaking process.
An updated timeline of the rulemaking process is as follows:
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By June 30: NMED to complete review of stakeholder feedback from the initial public comment period which opened on April 1 and closed today. NMED will incorporate stakeholder feedback into a revised proposed rule.
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July and August: NMED will host a series of stakeholder roundtables to gather additional data from employers, employees, medical and insurance professionals, and various associations. The department will continue to revise the proposed rule per these stakeholder roundtables. To participate, please contact heatrule.comments@env.nm.gov.
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September: NMED will continue to revise the proposed rule.
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By October 1: NMED will file its amended workplace heat protection rule with the Environmental Improvement Board.
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November: An EIB hearing is held to determine the rule’s passage.
To assist in gathering necessary documentation around heat illnesses and injuries in New Mexico, NMED is specifically asking employers to provide information to the department outlining their policies and procedures to keep employees safe from heat illness and injury, as well as the historic data related to the effectiveness of their programs.
In addition, NMED is seeking data from the medical and insurance providers related to heat illness and injuries in New Mexico.
Since 2023, NMED has worked with employers to protect workers from heat-related incidents through its OSHA National Emphasis Program. Over the last 3 years, NMED has worked with stakeholders to prepare the proposed rule.
As heat-related incidents are expected to increase over the summer months, employees are encouraged to report such incidents directly to their employer and to the Occupational Health and Safety Bureau by calling (505) 476-8700. Any information reported to the bureau is considered anonymous unless the employee explicitly says otherwise.
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Click Here to Read the Petition (In its current form)
READ COMMENTS THROUGH OSHA PORTAL
READ NMUCA'S Letter SUBMISSION
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