The New Mexico Environmental Improvement Board will hear more about the Heat Illness and Injury Prevention proposal during the next six months.
The proposed workplace heat safety rule would apply to all places of employment in New Mexico, and an outpouring of public comment has prompted the EIB to move a hearing on the proposal from July to Jan. 12, 2026.
During the Greater Albuquerque Chamber of Commerce May 22 Board of Directors meeting, Bruce Stidworthy, GACC Local Government Affairs chair, explained the proposal.
Stidworthy said, as drafted, the proposal could have significant unintended consequences, hindering New Mexico’s ability to address urgent economic needs, especially in housing, infrastructure and job creation.
Stidworthy introduced Kelly Roepke-Orth, president and CEO for Associated General Contractors, who discussed the proposal and why the Chamber should oppose it.
Roepke-Orth said the key concerns of the proposal, as written, are:
- Mandatory Rest Breaks at 90F for Construction Workers
- Operational Impacts
- Mental Health and Workforce Well-Being
- Financial Burdens
Stidworthy made a motion to oppose the proposed regulation and notify the EIB of the Chamber’s opposition. The Board voted unanimously for the motion.
On May 23, the GACC sent a letter of opposition signed by Terri Cole, president and CEO, as well as Del Esparza, GACC chairman of the board.
NMED published the draft heat rule in March and initially had a July hearing before the state Environmental Improvement Board — the entity within NMED that adopts and publishes the rules.
According to the NMED, after groups voiced support or opposition to the rule, the agency decided to extend the timeline for the rulemaking. Meanwhile, the EIB pushed the hearing to November and again to January.
According to an NMED spokesman, the agency will take a month to go through the public comment feedback. In July and August, the department will hold stakeholder roundtables to gather more data.
An amendment to the proposal is expected to be filed by Oct. 1, and the EIB will hear it at its Jan. 12, 2026, meeting.