The California Assembly is advancing Assembly Bill 1336, a crucial piece of legislation aimed at enhancing protections for workers facing high temperatures. Currently awaiting the signature of Governor Gavin Newsom, this bill seeks to establish a presumption that employees suffering from heat-related illnesses are entitled to workers’ compensation if employers do not adhere to established heat safety standards.
This legislative effort comes amid ongoing concerns regarding the impact of extreme heat on workers’ health, particularly in sectors such as agriculture and construction. If signed into law, the bill would mark a significant step in a protracted struggle to ensure workplace safety, especially during the sweltering summer months when temperatures often exceed 100°F.
Governor Newsom’s decision is not guaranteed, as he previously vetoed a similar measure, Senate Bill 1299, in 2022. His rationale highlighted the need for stronger protections for California’s farmworkers but expressed skepticism regarding the effectiveness of creating a heat-illness presumption within the workers’ compensation framework.
The history of heat-related worker fatalities in California, particularly among farmworkers, prompted significant regulatory action two decades ago. Under former Governor Arnold Schwarzenegger, the state implemented regulations mandating access to clean drinking water, shade, and paid breaks during extreme heat conditions. Despite these advances, the United Farmworkers Union has raised concerns about inadequate enforcement of these rules, citing staffing shortages and management shortcomings within the state’s Division of Occupational Safety and Health, known as Cal/OSHA.
A recent report from state Auditor Grant Parks corroborated these concerns, addressing the enforcement challenges faced by Cal/OSHA, particularly in light of insufficient staffing levels. Proponents of Bill 1336 argue that enhancing workers’ compensation availability for heat-related illnesses would incentivize employers to comply with existing heat safety regulations.
In addition to outdoor work conditions, Cal/OSHA has recently introduced new regulations addressing heat in indoor environments, mandating similar safety measures for employees in warehouses and other indoor facilities when temperatures reach 27.7°C (82°F). As discussions about workplace safety heat up, some federal agencies are also considering implementing heat-related protections for their employees.
A study conducted by the Workers Compensation Research Institute indicated that California’s pioneering heat regulations have significantly reduced the incidence of heat-related injuries. The study found that such injuries are 11 to 18 times more common on days exceeding 35°C (95°F) compared to milder days. Furthermore, heat-related injuries accounted for 20 to 25 percent of all heat-related incidents.
The research highlighted a notable reduction in heat-related injuries: by 15-17 percent in construction, 24-27 percent in agriculture, and 19-25 percent in transportation. The data suggests that the most significant improvements occurred when temperatures soared above 35°C, particularly benefiting younger workers. Ramona Tanabe, president of the research bureau, emphasized the importance of these findings in shaping a national dialogue on worker protection.
Despite the compelling evidence supporting enhanced worker protections, business and agricultural groups have voiced opposition to both Assembly Bill 1336 and similar legislative efforts. They contend that the workers’ compensation system is ill-equipped to assess employer compliance with Cal/OSHA regulations. Critics argue that rather than opposing the legislation, employers should actively work to strengthen Cal/OSHA’s enforcement capabilities.
Promoting worker safety not only protects employees but also serves the interests of employers by maintaining productivity levels. The issue of workplace heat should not become a political issue but rather a shared responsibility to ensure the well-being of California’s workforce.
As the political landscape in California continues to evolve, the outcome of this legislation could have lasting implications for heat safety standards and workers’ rights, shaping the future of workplace protections in the state and potentially influencing broader national policies.
