Safe Jobs Require Smart Rules - Heat Illness

Protecting Workers Through Practical, Proven Safety – Ensuring Rules Support Schedules and Jobs

New Mexico Construction is A Leader in Heat Safety
Construction employers have long implemented effective, commonsense practices to protect their workers from heat stress. AGC New Mexico member companies—representing thousands of field workers—provide:

Cool drinking water access at all times
Shaded rest areas on job sites
Training on heat illness symptoms and prevention
Buddy systems, safety briefings, and emergency protocols
Acclimatization support for new or returning workers

And the results speak for themselves.

Heat-Related Recordables in Construction Are Extremely Rare
A recent survey of AGC New Mexico member companies found:

81.8% of companies have never had a single heat-related OSHA recordable—in decades of operations. Examples include;
- 3.4 million man-hours since 1996 – zero heat-related incidents.
- 50 years in business – zero recordables.
- Combined 159 years in construction – zero recordables.
- Only 2 recordables in 10 years across 200+ employees.

These are not exceptions—they’re the industry norm.

Unworkable Break Requirements Threaten Jobs and Critical Projects
Mandating 40-minute rest breaks for every 20 minutes of work above 90°F in direct sunlight would effectively halt jobsite operations, putting projects and jobs at risk, and delaying critical infrastructure such as schools, hospitals, and community facilities.

The Real Risk: Worker Mental Health & Shift Disruption
Construction has the highest suicide rate of any industry—more than 4x the national average.
The proposed rule would force early-morning or overnight work to avoid heat thresholds, even though:

OSHA and USDOL warn that extended or irregular shifts increase fatigue and mental health risks
Many workers have family obligations, childcare needs, and evening apprenticeship classes
Night work increases safety risks due to reduced visibility and disrupted sleep cycles

We cannot ignore these realities.

We Support What Works: Reasonable, Field-Tested Protections
Rather than rigid mandates, contractors support a practical approach that includes:

Cool drinking water access (1 quart/hour per worker)
Access to shaded areas and cool-down rest as needed
Heat illness awareness training for new and returning workers
Supervisor check-ins during acclimatization periods
Pre-shift briefings, buddy systems, hydration reminders during high heat
Heat illness protocols integrated into existing safety plans

The Cost of Overreach
While some advocate for the "strongest rule possible," the costs of overregulation are real:

Job delays, training disruptions, and worker retention issues	Reduced worker safety as a result of adjusting work schedules to overnight shifts	Increased mental health strain on a workforce already in crisis	Skyrocketing construction costs for public infrastructure and private development - delaying critical infrastructure such as schools, hospitals, and community facilities

What New Mexico Needs is a Balanced, Collaborative Approach
We urge the Environmental Improvement Board and New Mexico Environment Department to:

Reject the current proposed rule as written
Collaborate with industry experts and safety leaders to design a flexible, data-driven alternative
Incentivize proven practices, not punish responsible employers

Let’s protect workers the right way—with proven, practical solutions that keep them safe, supported, and respected.

Take Action & Tell Your Story

Public Comment Deadline: January 14, 2026 Submit your public comment and urge EIB to support a practical, effective alternative to the proposed rule.