(1) As used in this section, the term:(a) “Competitive solicitation” means an invitation to bid, a request for proposals, or an invitation to negotiate.
(b) “Heat exposure requirement” means a standard to control an employee’s exposure to heat or sun, or to otherwise address or moderate the effects of such exposure. The term includes, but is not limited to, standards relating to any of the following:1. Employee monitoring and protection.
2. Water consumption.
3. Cooling measures.
4. Acclimation and recovery periods or practices.
5. Posting or distributing notices or materials that inform employees how to protect themselves from heat exposure.
6. Implementation and maintenance of heat exposure programs or training.
7. Appropriate first-aid measures or emergency responses related to heat exposure.
8. Protections for employees who report that they have experienced excessive heat exposure.
9. Reporting and recordkeeping requirements.
(c) “Political subdivision” means a county, municipality, department, commission, district, board, or other public body, whether corporate or otherwise, created by or under state law.
(2)(a) A political subdivision may not establish, mandate, or otherwise require an employer, including an employer contracting to provide goods or services to the political subdivision, to meet or provide heat exposure requirements not otherwise required under state or federal law.
(b) A political subdivision may not give preference in a competitive solicitation to an employer based on the employer’s heat exposure requirements and may not consider or seek information relating to the employer’s heat exposure requirements.
(3) This section does not limit the authority of a political subdivision to establish or otherwise provide heat exposure requirements not otherwise required under state or federal law for direct employees of the political subdivision.
(4) This section does not apply if it is determined that compliance with this section will prevent the distribution of federal funds to a political subdivision or would otherwise be inconsistent with federal requirements pertaining to receiving federal funds, but only to the extent necessary to allow a political subdivision to receive federal funds or to eliminate inconsistency with federal requirements.
