Legislation Introduced to Protect Workers from Extreme Heat

Climate & Comp

Washington, DC (WorkersCompensation.com) – With Americans from Nebraska to the Northeast sweltering under a heat dome, Congressmembers joined forces with labor unions to announce bipartisan and bicameral legislation to implement federal workplace heat stress protections.

U.S. Sen. Alex Padilla (D-CA) and U.S. Rep. Judy Chu (D-Calif.) joined the United Farm Workers (UFW), American Federation of State, County and Municipal Employees, and United Steelworkers to re-introduce the Asuncion Valdivia Heat Illness, Injury, and Fatality Prevention Act. The legislation would protect workers against occupational exposure to excessive heat by requiring OSHA to establish an enforceable standard to protect indoor and outdoor workers in extreme heat.  

The bill is named after Asuncion Valdivia, who died in 2004 after picking grapes in 105-degree heat for 10 hours. Valdivia fell unconscious due to the heat. His employer told Valdivia’s son to drive his father home instead of calling an ambulance. Valdivia died of heat stroke on the way home. He was 53 years old.

“Asunción Valdivia’s death was completely preventable, yet his story is sadly not unique. As the planet continues to grow hotter, there is still no federally enforceable heat safety standard for workers. That’s not just dangerous for the farm workers and construction workers who work all day outside in the sun — it’s also dangerous for the factory and restaurant workers in boiling warehouses and kitchens,” Padilla said. “Every family deserves to know that even on the hottest day, their loved one will come back home. A national heat safety standard would provide that peace of mind and finally give workers the safety they deserve.”

The legislation would require OSHA establish enforceable standards to protect workers in jobs at risk for hazardous heat stress with measures like paid breaks in cool spaces, access to water and limitations on time exposed to heat. Additionally, the legislation would direct employers to provide training to employees about heat stress in a language and format that their employees understand.

According to the Workers’ Compensation Research Institute, when temperatures rise above 90 degrees Fahrenheit, workplace injuries increase 5 to 6 percent. Failure to put simple heat safety measures in place costs U.S. employers billions of dollars each year in lost productivity.

Analysis from OSHA found that between 1992 and 2017, heat stress injuries killed 815 U.S. workers and seriously injured more than 70,000 more. From 2011 to 2020, heat exposure killed at least 400 workers and caused nearly 34,000 injuries and injuries that resulted in days away from work, according to the U.S. Bureau of Labor Statistics.

A New York Times report in 2021, “extreme heat isn’t just a threat to outdoor workers, but also those who work indoors in places like manufacturing plants and warehouses. Those additional injuries mean lost wages and higher medical bills for low-income workers across a huge range of industries, widening the pay gap as temperatures rise.”

Lawmakers said the legislation is necessary as temperatures continue to rise, extreme weather continues to pummel the country, and some state politicians work to undermine existing protections.

“Even as heat waves become more frequent, longer lasting, and more severe, red state politicians are rolling back heat protections and child labor protections across the country. It’s not rocket science—you cannot be pro-worker if you are anti-heat protection,” Markey said. “Our legislation would provide workers with basic, effective protections: access to water, access to shade, time limits on high heat exposure, and procedures for emergency medical response. Every worker deserves to know when they clock in that they will return home safe at the end of their shift. The thermometer is rising, and the clock is ticking. Republicans want to sacrifice working Americans. Let’s save our workers instead.”

The legislation is co-sponsored by U.S. Sens. Jack Reed (D-R.I.), Edward Markey (D-Mass.) and Catherine Cortez Masto (D-Nev.) Companion legislation was introduced in the House by U.S. Reps. Robert “Bobby” Scott (D-Va.), the ranking member of the House Committee of Education and Workforce, Judy Chu (D-Calif.) and Alma Adams (D-N.C.).

The legislation also has broad support across more than 250 groups including Rural Coalition, International Brotherhood of Teamsters, AFL-CIO, UNITE HERE!, Communication Workers of America, Alianza Nacional de Campesinas, Sierra Club, United Farm Workers, Farmworker Justice, Public Citizen, International Union of Bricklayers and Allied Craftworkers, United Food and Commercial Workers International Union, Union of Concerned Scientists, United Steelworkers, National Resources Defense Council, American Lung Association, and Health Partnerships.

“Every worker safety rule in America is written in blood,” said UFW President Teresa Romero. “The UFW has been fighting for heat safety protections for decades. Over 20 years later, Asuncion Valdivia’s death still hurts. There are so many other farm workers — many whose names we do not know — who have also been killed by extreme heat on the job in the years since. Enough is enough. Every farm worker deserves access to water, shade, and paid rest breaks — it’s past time for Congress to get this done.”

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