Download Executive Order No. 17
PROTECTING WORKERS FROM EXTREME HEAT
WHEREAS, hundreds of thousands of workers in New York City are exposed to extreme heat while working on hot days, increasing the risk of heat-related illness and death; and
WHEREAS, working in extreme heat also greatly increases the risk of all types of injuries and reduces worker productivity; and
WHEREAS, many workers-including those working on construction sites, street vendors, app-based delivery workers, day laborers, and other gig workers-go through their workdays without paid breaks or easy access to restrooms and, as a result, intentionally limit their water intake, placing themselves at greater risk of dehydration, liver failure, kidney disease, and urinary tract infections; and
WHEREAS, as a consequence of the climate crisis, New York is experiencing more hot days every year, endangering more workers for longer periods of time; and
WHEREAS, by the 2050s, the City of New York could experience more than four times as many heat waves each year compared to current rates; and
WHEREAS, more than 1.4 million workers in the City of New York, or a third of the City's working population, are estimated to work outdoors for prolonged periods of time; and
WHEREAS, heat stress can cause death and elevates the risk of all categories of workplace injury; and
WHEREAS, scientific evidence shows that for every one degree Celsius temperature increase above the comfort range, worker productivity decreases by 2%, representing substantial economic and public health costs that accrue disproportionately to working-class New Yorkers; and
WHEREAS, to prevent heat-related illnesses, injuries, and deaths among workers exposed to extreme heat, it is a best practice for employers to develop and implement a heat injury and illness prevention plan for both outdoor and indoor workers that details protections and education so that workers can work safely in extreme heat; and
WHEREAS, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed a rule requiring employers to take these steps to protect indoor and outdoor workers; and
WHEREAS, the City has a robust Heat Emergency Plan to provide New Yorkers with resources and education to make a plan, gather supplies, stay informed, and stay cool; and
WHEREAS, to further this Administration's worker protection goals, the City will develop and deploy tools and authorities so that workers in the City of New York are able to work safely on extremely hot days;
NOW, THEREFORE, by the power vested in me as Mayor of the City of New York, it is hereby ordered:
Section 1. Worker Heat Illness Prevention Guidance. The Department of Health and Mental Hygiene (DOHMH), in coordination with New York City Emergency Management (NYCEM), and the Department of Citywide Administrative Services (DCAS), shall develop worker heat illness prevention guidance and educational materials that recommend best practices to prevent heat-related illnesses, injuries, and deaths for employers and outdoor and indoor workers. Such guidance and educational materials shall be in languages commonly spoken by workers in the City of New York, and shall include guidance for all workers, including, but not limited to, employees, independent contractors, gig workers, and day laborers. DOHMH, NYCEM, DCAS, the Department of Consumer and Worker Protection (DCWP), the Department of Social Services (DSS), the Department of Buildings (DOB), the Department of Small Business Services (SBS), the Mayor's Office of Climate and Environmental Justice (MOCEJ), and any other city agency or office, as determined by the Deputy Mayor for Economic Justice or the Deputy Mayor for Health and Human Services, shall disseminate such guidance and educational materials widely to workers and employers. DOHMH shall prepare outdoor worker guidance for dissemination as soon as practicable. DOHMH shall submit indoor worker guidance to the Deputy Mayor for Economic Justice and the Deputy Mayor for Health and Human Services no later than March 1, 2027.
§ 2. Heat Protection for Construction Workers. The Department of Buildings (DOB) shall conduct a review of current construction safety and training requirements to determine if existing construction safety requirements sufficiently protect against worker heat illness. Such review shall consider any worker heat illness prevention guidance issued by DOHMH pursuant to section 1 of this Order; and be done in consultation with relevant worker organizations to fully assess impact. DOB may issue recommendations for new construction safety and training guidance, or other relevant actions, based upon such review. DOB shall submit recommendations pursuant to this section to the Deputy Mayor for Economic Justice, the Deputy Mayor for Health and Human Services, and the Deputy Mayor for Housing and Planning no later than March 1, 2027.
§ 3. Heat Protection for Municipal Workers. All mayoral agencies shall develop and implement indoor and outdoor worker heat illness plans to ensure that City employees and contractors are provided with adequate protection when the City's Heat Emergency Plan is activated. Agencies shall consider the revised guidance issued by DOHMH pursuant to section 1 of this Order in developing and implementing indoor and outdoor worker heat illness plans.
§ 4. Heat Emergency Plan. When the City's Heat Emergency Plan is activated, NYCEM shall communicate worker heat illness prevention information based on the forecasted temperature, including recommendations for employers based upon the worker heat illness prevention guidance issued by DOHMH pursuant to section 1 of this Order.
§ 5. Heat-Related Workers' Compensation Claims. DOHMH shall review claims filed with the New York State Workers' Compensation Board by City employees to understand patterns related to temperature, including excess risk during hot weather.
§ 6. Reporting Heat Illness Emergency Department Visits. DOHMH shall study the utility of including heat-related illnesses among the Diseases and Conditions of Public Health Interest That Are Reportable pursuant to section 11.03 of the New York City Health Code. Such study shall consider whether requiring health care professionals to report such conditions, including the location of employment and the identity of the employer, would be of utility in addressing heat-related illnesses in the City of New York. If such study determines that it is in the interest of public health, then, at the discretion of the Commissioner of Health, DOHMH may propose amendments to the New York City Health Code to include heat-related illnesses among the Diseases and Conditions of Public Health Interest That Are Reportable.
§ 7. Reporting Construction Workers' Heat Illnesses and Injuries. During times of high heat, DOB shall notify and remind property owners, contractors, subcontractors, or persons otherwise in control of construction sites of their obligation to report heat-related incidents occurring on construction sites in which any worker at the site requires transport by emergency medical services or requires immediate emergency care at a hospital or offsite medical clinic consistent with Administrative Code section 28-103.21.1.
§ 8. Supporting Public Bathroom Access and Sharing Locations for Heat Relief. During times of high heat, City agencies with jurisdiction over worker protection measures shall strictly enforce laws and rules intended to increase access to public bathrooms for outdoor workers, including Administrative Code section 20-563, which grants food delivery workers the right to use the bathroom of the restaurants for which they make deliveries, regardless of whether they are employed by such restaurant. The City shall also continue to implement free public restrooms throughout the city. Agencies shall include information about bathrooms, Cooling Centers and Department of Parks and Recreation cooling locations, water features, drinking fountains, and shaded locations, in messaging to workers, as these all serve as locations that offer relief from heat.
§ 9. Effective Date. This Order shall take effect immediately.
