Next Governor to Determine Worker Heat Safety Standard
Rule postponed to March 2027, signaling fourth delay of proceedings before the Environmental Improvement Board
[Santa Fe] – Last Friday, July 24th 2026, the New Mexico Environment Department filed a request to delay the worker heat safety standard rulemaking until March 2027, marking the fourth delay to the rule since it was introduced. The rulemaking, initiated by the Environment Department in March of 2025, aims to protect New Mexicans experiencing a workplace heat index above 80 degrees by requiring access to drinking water, shaded or cooled recovery areas, rest breaks, and acclimatization protocols for new workers. Workers exposed to heat stress or high temperatures face risks of heat stroke, exhaustion, cramps, rashes, and other occupational hazards. Extreme heat exposure can also lead to worker fatality.
“With heat growing stronger every year in our state, ensuring our workers are safe in the workplace is paramount,” said Shelley Mann-Lev with Healthy Climate New Mexico. “The research is clear: a science-based heat standard saves lives and protects health. Regardless of whether a job is in the field or the classroom, heat has the same impacts on the human body. All workers need protections. No one should have to get injured or die on the job when we know what protections are needed. “
“Water, rest, and shade are basic protections that all workplaces should provide,” stated Vanessa Spinazola, Director of Southwest Campaign Strategy, National Employment Law Project. “Workers are often afraid to ask for water, breaks, or medical help because they fear losing their job, hours or facing immigration consequences. This delay keeps New Mexico workers at risk of injury, illness, and death. Good jobs are safe jobs, and we need policies that meaningfully protect all workers.”
The rule’s delay falls as the Southwest experiences a heat dome, bringing triple digit temperatures to much of New Mexico. Due to climate change, New Mexico has seen new temperature records set on a regular basis, with 2025 earning the title of “hottest year on record” for Albuquerque. The National Oceanic and Atmospheric Administration also states that New Mexico has experienced above average temperatures for the past decade. As these trends continue, worker protections become essential life-saving tools for the backbone of the state’s economy: farm workers, construction workers, teachers, and servers.
“As we’re seeing this week with the most severe heat dome in the U.S. centering on the Southwest and threatening 100-degree temperatures, extreme heat is here to stay in New Mexico,” said Rose Rushing, staff attorney at the Western Environmental Law Center. “Basic considerations such as having access to water, rest breaks, shade, and sun protection should be guaranteed.”
“Your ability to be safe at work shouldn’t be dependent on the voluntary actions of employers, or their individual interpretation of heat risks and severity,” said Whitney Holland, President of American Federation of Teachers New Mexico. “A statewide heat safety rule ensures that all employers must abide by the same guidelines. We believe that the healthiest economies put people first, and the heat standard does just that.”
The rule’s delay to 2027 indicates that the Environment Improvement Board will hear the rule under a new state administration. The governor appoints members of the Environmental Improvement Board and hires agency leadership, both of which will determine the strength of the rulemaking moving forward.
“As the state moves forward under a new administration, we hope we will see new standards for worker protections adopted,” stated Molly Taylor, Chief Operating Officer for CVNM. “Federal worker heat safety standards stalled under Trump. We believe this is an opportunity for New Mexico to lead the nation and show that we can protect our people in the wake of climate change.”
To view the draft rulemaking, the public can currently access it on the Occupational Health and Safety Bureau website. As of Monday, July 27th, other files associated with the rulemaking appear to be unavailable.
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CVNMEF is a nonpartisan, nonprofit organization connecting the people of New Mexico to their political power to protect our air, land, water, wildlife and communities for a healthy Land of Enchantment. CVNMEF does this by mobilizing people to advocate on policy, enhancing the voting process, encouraging people to vote, cultivating conservation leaders and amplifying the voices of those most affected.