As climate change continues to intensify heatwaves across the American Southwest, New Mexico is preparing to enact new worker protection standards aimed at preventing heat-related illnesses and deaths. The state’s Occupational Health and Safety Bureau, under the New Mexico Environment Department (NMED), has proposed a heat protection rule that would require employers to take specific measures to safeguard both indoor and outdoor workers from dangerous temperatures.

The proposed rule, introduced earlier this spring, is a response to growing concerns about the impact of extreme heat on worker safety, especially in physically demanding jobs like agriculture, oil and gas, and construction. The rule would make New Mexico the eighth state in the U.S. to implement formal heat protection standards, joining states such as California, Oregon, and Nevada.

“Our workers need protection now,” said Shelley Mann-Lev, executive director of Healthy Climate New Mexico. “We can’t afford to wait another summer.” Mann-Lev emphasized the urgency behind the initiative, noting that the proposed regulations are rooted in science: “We are thrilled that NMED has put forward a solid, science-based standard.”

The rule would require employers to implement safety protocols once the heat index reaches 80°F, including the provision of cool drinking water, shaded areas, and rest breaks. When the index exceeds 95°F during strenuous labor, breaks would become mandatory and increase with the temperature. Employers would also need to develop acclimatization procedures for new hires or workers returning from cooler climates—a step officials say could save lives.

Despite growing evidence of heat-related health risks, the proposed rule has sparked significant opposition from some industry groups and Republican lawmakers, who argue the measure could burden small businesses and raise costs.

“I do not think that the Environment Department has provided enough evidence,” said Rep. Rebecca Dow, a Republican representing southern New Mexico’s agricultural communities. “I would want a study showing that this extreme rule… is the only method of reducing heat stroke.” She continued, “I am very concerned about the cost of construction, the cost of food.”

According to Climate Central, average summer temperatures in Las Cruces have risen by 5.4°F since 1970. The summer of 2024 was the city’s hottest on record. A petition by the Occupational Health and Safety Bureau cited data showing New Mexico is one of the fastest-warming states in the continental U.S.

Between 2023 and 2024, the bureau received 232 heat-related complaints from workers. The state Department of Health also recorded over 900 emergency department visits tied to heat exposure last year, with 120 suspected of being work-related.

Public comments submitted this week at in-person events in Albuquerque and online reflect a sharp divide between business concerns and labor support. James Cobb, president of United Steelworkers Local 12-9477 in Carlsbad, expressed strong backing for the rule. “Without consistent safeguards in place, workers are too often left to fend for themselves against dangerously high temperatures, risking dehydration, heat exhaustion, heat stroke, and even death,” he wrote.

Others echoed the need for better protections. A teacher from Albuquerque Public Schools shared a personal experience from three years ago, when the evaporative cooler in his classroom failed. “The temperature inside the portable rose to 100 degrees and I ended up in the hospital with extreme dehydration,” he wrote. “Bottom line. Heat is a safety issue for staff and students in schools. We need this rule.”

Still, groups like the New Mexico Restaurant Association oppose the plan. CEO Carol Wight argued that restaurants should be exempt, claiming that mandatory breaks and acclimatization rules would pose operational challenges. “This rule will harm small businesses, disrupt service, and increase costs for a problem that hardly exists in restaurants,” Wight said. She added that a “one size fits all” policy is inappropriate and called for “practical, flexible solutions that safeguard workers without bankrupting businesses.”

Twenty-four Republican lawmakers also submitted a joint public comment opposing the regulation, suggesting a voluntary alternative. “We are not convinced a new set of state regulations will have any positive impact on workers’ health, although it will have a significant negative impact on jobsite efficiency and increase employer costs,” they wrote.

Despite the resistance, the rule is moving forward. Public comments will be accepted through May 30. A public hearing is scheduled for July before the Environmental Improvement Board, which will determine whether the rule takes effect in August. The board’s members are appointed by the governor and confirmed by the state Senate.

With federal action unlikely under a second Trump administration—OSHA's proposed national rule is not expected to advance—New Mexico may soon join a growing list of states taking heat protection into their own hands.

Originally reported by Martha Pskowski in Inside Climate News.