NMED delays worker heat protection rule
By Bryce Dix
June 2, 2025 at 3:45 PM MDT
The timeline for a long-awaited rulemaking process for a proposed workplace heat protection rule has been extended by the New Mexico Environment Department (NMED).
The move comes as a coalition of advocates urges the state to quickly craft stronger heat-risk standards to shield indoor and outdoor workers from heat exhaustion and heat stroke.
The draft “Heat Illness and Injury Prevention Rule” is a standardized workplace safety measure meant to ensure that workers exposed to high temperatures receive adequate breaks, water, and shade from their employers.
When the heat index rises to 80 degrees Fahrenheit or above, the rule also requires that employers have a “heat illness prevention plan” in both English and the language understood by most employees, a heat exposure assessment to identify work heat hazards, in-person training, and employee monitoring.
“These are very, very basic protections for workers – that every human being should be able to make a living, feed their family, make sure that they have a roof over the head, and not put themselves at risk every single day,” said Carlos Matutes, New Mexico State Director for the climate advocacy group GreenLatinos.
Matutes is disappointed the process has been delayed, especially as the state braces for a hot summer.
“Every single day that NMED delays rulemaking, those are days where workers are going to get sick, workers are going to get injured, and potentially some workers are going to die.”
The Environmental Improvement Board – the state body responsible for developing and adopting environmental regulations – was supposed to have a hearing next month to consider the rule. Now, it’s been extended to November.
NMED, in a press release on Friday, said the extension will ensure “broader participation and input in the rulemaking process.”
To do this, the agency will host a series of stakeholder roundtables with employers, employees, medical and insurance professionals, and “various associations” this summer.
Currently, there are no federal regulations to protect workers from heat related illness and injury. President Trump, amid a slew of Executive Orders, paused work on a draft national heat standard back in February.
Despite some lingering questions on the feasibility of the proposal’s implementation, Matutes sees a potential challenge in training workers who face language barriers or illiteracy.
“That's the $64,000 question,” Matutes said. “The problem is there are these physiological ramifications to excessive heat that perhaps the workers themselves don't fully understand.”
While advocates are antsy for some type of worker protections, industry interests oppose them.
“The requirements for the proposed rule are unclear and overly burdensome.” wrote Raymond G. Sanchez, Vice President of Operations for the New Mexico Gas Co. in a public comment portal for the rule.
Another utility provider, El Paso Electric, said that the rule would trigger control measures that “may not be necessary” in a state where employees are already acclimated to working in hot conditions.
Whitney Holland, President of the New Mexico American Federation of Teachers, also supports implementing the rule for teachers statewide. She says heat isn’t just causing school staff to get sick, but also students.
“It's not just workers being whiny, it's a real issue,” Holland said. “I want us to have that awareness that it's going to be okay if we do something to improve the lives of workers.”
The National Weather Service names heat as the number one cause of weather-related deaths in the United States. According to the New Mexico Department of Health, state emergency rooms had at least 44 visits since April 1st of this year attributed to heat.
The move comes as a coalition of advocates urges the state to quickly craft stronger heat-risk standards to shield indoor and outdoor workers from heat exhaustion and heat stroke.
The draft “Heat Illness and Injury Prevention Rule” is a standardized workplace safety measure meant to ensure that workers exposed to high temperatures receive adequate breaks, water, and shade from their employers.
When the heat index rises to 80 degrees Fahrenheit or above, the rule also requires that employers have a “heat illness prevention plan” in both English and the language understood by most employees, a heat exposure assessment to identify work heat hazards, in-person training, and employee monitoring.
“These are very, very basic protections for workers – that every human being should be able to make a living, feed their family, make sure that they have a roof over the head, and not put themselves at risk every single day,” said Carlos Matutes, New Mexico State Director for the climate advocacy group GreenLatinos.
Matutes is disappointed the process has been delayed, especially as the state braces for a hot summer.
“Every single day that NMED delays rulemaking, those are days where workers are going to get sick, workers are going to get injured, and potentially some workers are going to die.”
The Environmental Improvement Board – the state body responsible for developing and adopting environmental regulations – was supposed to have a hearing next month to consider the rule. Now, it’s been extended to November.
NMED, in a press release on Friday, said the extension will ensure “broader participation and input in the rulemaking process.”
To do this, the agency will host a series of stakeholder roundtables with employers, employees, medical and insurance professionals, and “various associations” this summer.
Currently, there are no federal regulations to protect workers from heat related illness and injury. President Trump, amid a slew of Executive Orders, paused work on a draft national heat standard back in February.
Despite some lingering questions on the feasibility of the proposal’s implementation, Matutes sees a potential challenge in training workers who face language barriers or illiteracy.
“That's the $64,000 question,” Matutes said. “The problem is there are these physiological ramifications to excessive heat that perhaps the workers themselves don't fully understand.”
While advocates are antsy for some type of worker protections, industry interests oppose them.
“The requirements for the proposed rule are unclear and overly burdensome.” wrote Raymond G. Sanchez, Vice President of Operations for the New Mexico Gas Co. in a public comment portal for the rule.
Another utility provider, El Paso Electric, said that the rule would trigger control measures that “may not be necessary” in a state where employees are already acclimated to working in hot conditions.
Whitney Holland, President of the New Mexico American Federation of Teachers, also supports implementing the rule for teachers statewide. She says heat isn’t just causing school staff to get sick, but also students.
“It's not just workers being whiny, it's a real issue,” Holland said. “I want us to have that awareness that it's going to be okay if we do something to improve the lives of workers.”
The National Weather Service names heat as the number one cause of weather-related deaths in the United States. According to the New Mexico Department of Health, state emergency rooms had at least 44 visits since April 1st of this year attributed to heat.