Coinciding with the beginning of a new heat wave in California that will spread to other states on the West Coast, in addition to another that is sweeping the southeast of the country, President Joe Biden has presented this Tuesday a regulation by the Office of Safety and Health at Work (OSHA) to protect workers in the fields, industry, construction and services from extreme heat. If this regulation, the first federal one for this type of emergency, goes ahead, it is estimated that some 36 million employees will be entitled to two levels of protection depending on the temperatures reached.
Under the new rules, if the heat index exceeds 80 degrees Fahrenheit (26 C), workers must have access to drinking water and climate-controlled rest areas when necessary. If the heat index, which includes temperature and humidity, is above 90 degrees Fahrenheit (32 C), then breaks must be at least 15 minutes every two hours and employers must monitor workers’ health conditions. The proposed rules also require new workers in industries with direct exposure to environmental conditions to have a period of acclimation to the temperatures.
OSHA also wants to identify heat-related health hazards, respond to emergencies for illnesses and accidents that result from these circumstances, and train employees and supervisors to implement the regulations. The goal is to reduce workplace illnesses and deaths. Fines for not complying with the regulations could exceed $16,000. President Biden said during his address Tuesday that heat is the weather phenomenon that kills more people, “more than hurricanes, tornadoes and floods combined.”
That extreme heat is being experienced across the country these days: In California, Death Valley is expected to hit 130 degrees Fahrenheit (more than 54 degrees Celsius) next week. In fact, 2024 has already broken records for high temperatures reached in 2023. However, the new rules announced by the president are not expected to go into effect until 2026. That means whether they are implemented or not will be up to the new administration that is elected this year.
The Republican alternative in these elections does not share the current government’s sensitivity to climate change. Donald Trump has promised to cancel much of Biden’s environmental agenda and distrusts the scientific consensus that links the use of fossil fuels with the acceleration of climate change.
In presenting these proposals, Biden recalled that no Republican has voted in favor of legislation for the energy transition and environmental protections. He criticized that those who deny climate change live “in a hole and do so at the expense of the health and safety of their constituents.” “Ignoring climate change should not only infuriate, it should be considered stupid and condemns the United States to a dangerous future.” The president added that last year the damage caused by the effects of climate change was estimated at 90 billion dollars.
In states such as Texas and Florida, Republican governors have signed legislation that prevents local governments from implementing heat-related protection measures for workers because it poses a regulatory obstacle for small businesses. If the federal regulations go into effect, these state decisions would be rendered ineffective.
Between 2011 and 2020, there were 33,890 heat-related workplace illnesses and accidents, according to the Bureau of Labor Statistics (BLS). In 2022, the BLS reported 51 deaths due to exposure to high temperatures, with 43 of those deaths specifically due to extreme heat, but these are estimated to be undercounts since neither patients nor doctors always identify heat-related illnesses. In fact, a Public Citizen study from two years ago estimates that heat is one of the top three causes of death at work, with between 600 and 2,000 deaths a year from it.
According to the same report, a California safety regulation for outdoor work reduced health problems by 30%, which “suggested that 50,000 injuries and illnesses would be avoided nationwide if OSHA adopted heat standards” at the federal level. The regulation in California mandates access to water, shade, breaks and an emergency plan for employers.
In addition to California, Oregon, Washington, Nevada, Colorado and Minnesota have heat safety measures in place. Maryland is the only East Coast state with legislation ready to go into effect. In New York, New Jersey and Massachusetts, legislation is still in the initial proposal phase.
Hispanics among the most vulnerable
A report from the Center for American Progress (CAP) notes that heat stroke risks are highest for already vulnerable workers such as Hispanics, Blacks, Native Hawaiians and Pacific Islanders. “Low-income workers and non-citizen immigrants are at higher risk because they are disproportionately exposed to hazardous working conditions including extreme heat and have more difficulty protecting themselves due to underlying inequalities,” the report notes.
Agricultural workers are particularly vulnerable to the effects of heat not only because of their working conditions, but also because of their vulnerable social and economic position. They tend to have higher rates of poverty, more problems accessing the health system and difficulties associated with their immigration status. According to the CAP, 45% of agricultural workers are undocumented immigrants who, among other barriers, have little access to health insurance.
Although they have the right to work in safe conditions, they may be less familiar with the regulations and fear retaliation if they assert their rights. In this regard, it is important to remember that the Department of Homeland Security (DHS) simplified the process for undocumented immigrants who report a labor violation to request temporary protection from deportation in 2023, thus protecting them from retaliation in the event of employer abuse. This is useful for those protected by state laws, but will still take time to reach the federal level.
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