Proposed State Heat Illness & Injury Prevention Standard

AGC New Mexico continues to closely monitor and respond to the proposed state Heat Illness and Injury Prevention Standard, a sweeping rulemaking effort that could significantly impact construction job sites across New Mexico.

This proposal—introduced by the New Mexico Environment Department —raises serious concerns for the commercial construction industry, particularly in terms of cost, logistical feasibility, and operational impact on active worksites.

Industry Engagement and Outreach Efforts Underway

AGC NM has been actively engaged on this issue for more than two years. Most recently, we've distributed the proposed rule to other affected industries and will continue outreach efforts in the coming weeks.

We are currently preparing formal comments and industry-specific talking points for submission during the official public comment period. Once that process begins, we will notify all members and strongly encourage participation.

DRAFT One-pager Available for Member Review 
Contact us if you would like to review and provide input on AGC NM’s draft industry brief.

What Contractors Need to Know

The proposed standard includes the following key requirements:

  • Mandatory Heat Exposure Assessments beginning at 80°F

  • Acclimatization Protocols for new or returning workers

  • Hydration and Cooling Requirements including 15-minute water consumption intervals and shaded or air-conditioned rest areas

  • Structured Paid Rest Breaks based on work intensity and heat index

  • Personnel Monitoring and emergency planning

  • Training and Five-Year Recordkeeping

For full details:
[New Mexico Environment Department Proposed Heat Illness and Injury Prevention Rule– Click to Download]

What AGC NM Has Done So Far

  • Produced an industry video in partnership with AGC of America highlighting how New Mexico contractors already protect workers from heat-related illness. [Watch the video here]

  • Shared the proposed rule with other industries to broaden awareness.

  • Continuing to advocate and Oppose proposals that impose an unworkable, one-size-fits-all mandate— undermining the practical, commonsense measures already developed collaboratively by OSHA and the contracting community to address heat-related safety.

Recommended Next Steps for Contractors

  • Conduct an Internal Impact Assessment: Evaluate the operational and financial implications of the proposed rule.

  • Engage in the Public Comment Process: We will alert members when this opens.

  • Support Practical Alternatives: Advocate for policy approaches that align with the realities of construction sites.

Stakeholder Meetings – Your Voice Matters

OSHA will host two informal stakeholder meetings in April. These are not formal hearings, but your participation is valuable.

📍 April 8, 2025 | 2:00–4:00 p.m.

Location: ABC New Mexico, 2821 Broadway Blvd NE, Albuquerque
Zoom Access:
Join Meeting
Meeting ID: 856 6803 2168
Passcode: 660977
 

📍 April 15, 2025 | 10:00 a.m.–12:00 p.m.

Location: Horizon Building, 8801 Horizon Blvd, Albuquerque
(Directions: North of Alameda Blvd., across from Balloon Fiesta Park)

Signage will direct attendees to the training room on the second floor.

Final Word: A Call for Realistic Regulation

While the intent to protect workers is commendable, the current draft of this rule poses a serious burden on New Mexico’s construction industry. A one-size-fits-all regulation does not account for the diversity, mobility, or variability of commercial worksites.

Your feedback and engagement will be key in shaping a fair, flexible approach that works for New Mexico.

Have questions or feedback? Contact Kelly Roepke-Orth, CEO