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Title:
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Phoenix City Code Chapter 18: Proposed Amendments for the Mitigation of Heat-Related Illnesses and Injuries in the Workplace (Ordinance G-7241)
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Title
Phoenix City Code Chapter 18: Proposed Amendments for the Mitigation of Heat-Related Illnesses and Injuries in the Workplace (Ordinance G-7241)
Description
This report transmits proposed changes to Phoenix City Code (PCC) Chapter 18, Human Relations, to adopt language adding Article XI to address contractor requirements for the mitigation of heat-related illnesses and injuries in the workplace and adopt all related conforming changes.
THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.
Report
Summary
Summer heat is a serious public health challenge for residents of and visitors to the region. Heat-related deaths in Phoenix as reported by the Maricopa County Department of Public Health have risen substantially since 2014, to a new record high of 395 during 2023, the hottest summer in the City's history.
The total public health burden of extreme heat in Phoenix also includes thousands of cases of heat-related illness that require medical treatment including ambulance dispatches, emergency room visits and overnight hospitalization. In 2023, the single day with the most medical calls to the Phoenix Fire Department was July 18. Total calls surged 34 percent higher than a typical day as high temperatures reached 118 degrees Fahrenheit in the middle of what would become the hottest month on record for any major American city. In response to the impact of extreme heat, the City of Phoenix has developed a Heat Response Plan. The Heat Response Plan is organized into nine broad strategies. One of these strategies includes implementation of heat safety measures for workers.
Additionally, in further recognition of the serious health challenge during the summer months, the State of Arizona established a State Emphasis Program (SEP) focused on mitigating heat-related illnesses and injuries in the workplace. As part of the SEP, employers are compelled to create plans to reduce the risk for heat-related illnesses and injuries. Per the SEP, written plans will need to include water, rest, shade, acclimatization, and training to recognize signs and symptoms of heat stress. As a result, each City department created a Heat Illness and Injury Prevention Plan to support City of Phoenix employees.
Following the creation of the City's Heat Illness and Injury Prevention Plans supporting City of Phoenix employees, staff gathered stakeholder feedback to determine the best approach to support contracted workers as well. As part of this stakeholder engagement effort, staff held two rounds of stakeholder meetings:
The first round of stakeholder meetings focused on initial proposal and feedback.
Workers - Feb. 12, 2024
Labor Organizations - Feb. 13, 2024
City Contractors - Feb. 13, 2024
The second round of stakeholder meetings focused on reviewing the draft ordinance that incorporated feedback from the first round and to receive additional feedback:
City Contractors - March 7, 2024
Workers and Labor Organizations - March 7, 2024
Based on the feedback received from stakeholders, staff have proposed an ordinance to amend PCC Chapter 18 to add Article IX: Contractor Requirements for the Mitigation of Heat-Related Illnesses and Injuries in the Workplace (Attachment A). The new requirements apply to all contracts, licenses, and leases between the City and the contractor, licensee, lessee and contracts between the contractor and its subcontractors, sublicensees, and sublessees with workers that perform work in an outdoor environment.
The applicable entities must have a written heat safety plan on file, which at a minimum, must include the following:
Availability of sanitized cool drinking water free of charge at locations that are accessible to all employees and contract workers.
Ability to take regular and necessary breaks as needed and additional breaks for hydration.
Access to shaded areas and/or air conditioning.
Access to air conditioning in vehicles with enclosed cabs with such access to functioning air conditioning required by no later than May 1, 2025.
Effective acclimatization practices.
Conduct training and make it available and understandable to all employees and contract workers.
Staff requests City Council adopt the proposed amendments to PCC Chapter 18 to add Article XI to address the contractor requirements for the mitigation of heat-related illnesses and injuries in the workplace.
Department
Responsible Department
This item is submitted by Assistant City Manager Lori Bays, Deputy City Manager Gina Montes, the City Manager's Office, the Office of Heat Mitigation and Response, and the Law Department.