Pima County’s Heat Safety Ordinance was discussed, adopted, and approved during the August 19 Board of Supervisors meeting and goes into effect in 30 days. Earlier this summer, I predicted a series of developments would transpire. Sadly, I have to report that those concerns were prescient. County government has weaponized heat under the guise of a public health and safety ordinance, giving the County Health Department once again, wide mandates of power and control. Remember COVID?
The Heat Safety Ordinance calls for numerous regulations and rules affecting Pima County employees, as well as vendors and contractors who wish to conduct business with Pima County. The ordinance is presented as a protection plan for said workers who must, in the execution of their duties and employment positions, work in and under extreme heat exposure. County department heads must ensure that their employees have adequate shelter from heat, hydration, air conditioning resources, and other heat-reducing measures during work times of “extreme heat.” Extreme heat is defined presumably as at or above 90 degrees.
Those managerial directives seem reasonable and as though they should have always been in place (and weren’t they?) and hold a high dose of common sense. What is troubling about the ordinance is that it goes further and allows for mandatory “heat awareness” training sessions, a punitive employee reporting mechanism, and “whistle-blower” retaliation prohibitions. In other words, a big can of worms, or euphemistically, a hot mess. I have always suspected, and as of the last Board meeting, justifiably so, that the Heat Safety Ordinance will eventually be imposed upon all employees in all businesses, including in the private sector, in Pima County.
Despite past continued assurances from the County Administrator that the Heat Safety Ordinance would not be forced upon private businesses, my colleagues showed their cards and finally admitted that the plan all along was to make the heat ordinance for every worker, public and private, throughout Pima County. That will be right around the corner.
The Board majority even enlisted the State Attorney General to support their efforts. Having Attorney General Mayes in their corner provides my colleagues and our County Administrator with a high degree of plausible deniability. When the ordinance was brought to AG Mayes’ attention for review, she promptly authored an opinion that recommended stricter reporting and enforcement. Previous assurances that the private sector businesses would not fall under the Heat Safety Ordinance mandates have evaporated, and now they can point their fingers toward the AG. “Hey, we didn’t do it.”
As someone who comes from the business community, and for decades owned and operated a private sector company, I know what debilitating effects such regulations can have to a company. Mandatory training means taking your employees either off-site or away from their duties for extended periods. The result is the loss of business and revenues. “Reporting mechanisms” (read that, “snitch lines”) mean that a disgruntled employee or former employee can disrupt a business’ operations for potentially illegitimate reasons. And “whistle-blower” retaliation prohibitions mean employers will not have a fair chance of defending themselves.
As I’ve stated before, the new Pima County Heat Safety Ordinance is blaring, “Welcome to COVID 2.0”.
Yes, extreme heat is dangerous and to be respected, but common sense should be respected; after all, we live in the desert – a land of extremes. Businesses in Pima County face enough challenges already. The additional burden of complying with a Heat Safety Ordinance in the summertime is an unnecessary regulatory overreach, which will eventually be paid for by all Pima County residents. And I don’t think the Health Department will be using the revenue to Just Fix the Roads!
Pima County Supervisor Steve Christy, District 4
33 N. Stone Avenue, Floor 11
Tucson, AZ 85701
520-724-8094
district4@pima.gov
