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Feeling the Heat: How California’s Workplace Heat Standards Can Inform Stronger Protections Nationwide

By Teniope Adewumi-Gunn and Juanita Constible - Natural Resources Defense Council, August 2022

We are in the midst of a profound public health crisis. Rising temperatures fueled by climate change are contributing to more extreme weather events, spikes in air pollution, more frequent wildfires, and increases in tick- and mosquito-borne disease outbreaks. The resulting health harms fall more heavily on some populations than others, including workers. Workers face a range of climate-related hazards on the job, but one of the most pressing and well-understood hazards is extreme heat.

Extreme heat is killing and sickening workers. Both short stretches of extreme heat and chronic exposure to heat can cause significant effects on their physical, mental, and social well-being. Heat can cause rash, cramps, exhaustion, and stroke, the most serious heat-related illness. The Bureau of Labor Statistics (BLS) Survey of Occupational Injuries and Illnesses (SOII) estimates that from 1992 to 2019, more than 900 workers died and tens of thousands more were sickened due to extreme heat.

However, these numbers greatly underestimate the scale of the problem due to lack of reporting by negligent employers and by workers afraid of retaliation (e.g., loss of employment or deportation if they are undocumented). These numbers are further deflated when heat is not identified as a cause of, or contributor to, illness or injury. Negative outcomes from cardiac or respiratory illnesses are often not attributed to heat, even if that is an underlying cause. Physical and mental effects of heat such as disorientation can also increase the risk of other work- related injuries including falling from heights, being struck by a moving vehicle, or mishandling dangerous machinery. Research has shown that the number of workers facing health outcomes from extreme heat are higher than those reported by the BLS SOII. In fact, in California alone, a study of workers found more than 15,000 occupational heat-related illness cases from 2000 to 2017. The California cases were three to six times higher annually than the numbers reported for California by BLS.

Exposure to extreme heat impacts both indoor and outdoor workers. From agricultural and construction workers, who have the highest incidences of heat-related illnesses, to warehouse and other indoor employees working without adequate cooling or ventilation, heat touches many workplaces. Workers of color also experience greater rates of heat-related illnesses and fatalities than do white workers. Workers of color are overrepresented in industries with a high risk of heat illness, but racial disparities in heat illness and death also exist among those working the same jobs. Additionally, not all workers tolerate heat the same way. Those with personal risk factors such as heart disease, medications, and pregnancy are more likely to experience heat stress.

Download a copy of this publication here (PDF).

Heat events put workers at risk

By Gabriela Calugay-Casuga - Rabble, July 25, 2022

As summers are getting hotter around the world, workers are at risk. After the UK hit record temperatures the week of July 19, Canada’s Atlantic provinces are now under a heat warning along with Southern Ontario and parts of Quebec, according to the public weather alerts from Environment Canada.

Canadian Union of Postal Workers (CUPW) put out a statement urging members to be prepared to work in the heat. 

“Summer is late this year. With a few exceptions across the country, where they have experienced brief periods of heat, the hot weather is overdue,” CUPW said in their statement. “However, we must not regard this situation as the norm and disregard the eventual heat waves that will inevitably occur in the weeks to come.”

Heat events have been devastating for some communities. In the 80s, Unifor lost a member to heat stress. Sari Sairanen, Unifor’s director of the Health, Safety and Environment Department, said that although it has been decades, tragedies such as this remain in the collective memory and impact how unions approach emergency preparedness plans amidst rising temperatures.

According to the website for the Canadian Centre for Occupational Health and Safety (CCOHS), there is no legislation that lays out a maximum temperature that workers can be exposed to at work. They said that exposure limits are influenced not only by temperature but also by relative humidity, exposure to sun or other heat sources, amount of air movement, how physically demanding the work is, how acclimatized the worker is to their workload, what clothing is worn (including protective clothing) and the work-rest regimen. 

CUPW laid out some precautions that workers can take to keep safe in the hot weather. These precautions include taking all the breaks that workers are provided and slowing down to avoid overworking in the heat. 

Italian factories on strike over extreme heat after worker dies

By staff - The Local, July 22, 2022

For a non pay-walled version of the article, see the Red Green Labor version.

A worker operates machinery at a factory in Trezzano sul Naviglio, near Milan, Northern Italy, on June 25, 2021. Photo by MARCO BERTORELLO / AFP.

The man, 61, fell unconscious and hit his head while performing routine tasks, according to La Stampa news daily. Efforts by colleagues to revive him with a defibrillator were unsuccessful.

The official cause of death is currently being investigated by police, but with temperatures pushing 40 degrees Celsius in parts of the country, heat exhaustion is thought likely to be responsible.

Factory workers from the local area organised an eight-hour picket on Friday outside the Dana Graziano plant in Rivoli where the man worked.

Italy is in the midst of a scorching mid-July heatwave, and most factories do not have air conditioning systems.

The Fiom CGIL metal workers’ union say they have recently received multiple reports of factory temperatures reaching over 35 degrees Celsius in the Piedmont area. At the Mirafiori Fiat manufacturing plant in Turin, workers have reportedly recorded highs of 40 degrees.

A previous strike called by auto parts workers on Tuesday protested the “intense pace of work” workers are required to keep up in the “unbearable heat of these past few days”.

“There are many of our members who are reporting illnesses in the factory due to the intense heat of the last few weeks,” Edi Lazzi, Fiom CGIL’s Turin general secretary, told La Stampa.

Italy does not have a nationally unified labor code, but worker’s rights are enshrined in the constitution and touched on in various laws.

According to the site Lavori e diretti (work and rights), article 2087 of the Italian civil code requires employers to protect employees’ health and wellbeing.

National legislation does not require companies to keep the workplace within any particular temperature range, though workplace accident insurance institute Inail recommends in summer there should not be more than a seven degree difference between indoor and outdoor temperatures.

A 2015 Supreme Court case recognised the right of workers to stop working while retaining the right to pay in excessively cold conditions.

Climate Change at Work

By NRDC - Grist, July 19, 2022

Last summer, the Pacific Northwest was hit by a once-in-a-millenium heat dome. While temperatures were higher than ever recorded, L.A.* was outside, working Washington’s blueberry harvest. (Fearing potential work repercussions, L.A. did not wish to be identified by her full name.) Soon, she was dehydrated, dizzy, and vomiting. Her minor son, who was also working in the field out in the heat, got a bloody nose and headache. When the harvest was moved to the middle of the night to avoid the most intense heat—”to protect the fruit, not the workers,” L.A. says—her friend cut herself badly laboring in the dark. 

Whether it’s heatwaves, wildfire smoke, or attempts to adapt that create new hazards, the climate crisis is exacerbating risks for America’s workers. From home health aides and school teachers to construction and farm workers, people across the country are now facing compounding challenges on the widening frontlines of the climate crisis. Yet federal protections for the workplace have not kept pace.

During California’s recent wildfires, shocking photos emerged of farmworkers harvesting grapes in California vineyards under an orange-tinged sky. That may be one of the most visible examples of people being forced to work in dangerous conditions, but it’s far from the only climate-related health risk employees regularly face. “The reality is that millions of workers—across our society—are being exposed to multiple environmental stressors all at once, including searing heat and toxic air pollution,” says Dr. Vijay Limaye, senior scientist at the Natural Resources Defense Council (NRDC). 

For instance, Limaye explains that the formation of ground level ozone—air pollution formed in the atmosphere from building blocks including emissions from burning coal, oil, and gas—is intensified by hotter temperatures. The Environmental Protection Agency (EPA) is responsible for setting exposure limits, but the agency’s models often don’t account for compounding circumstances or cumulative impacts. While the EPA sets some legal limits for ozone, for example, outdoor workers are frequently exposed to smog and extreme temperatures simultaneously. From a health risk perspective, “the sum is often greater than the parts,” Limaye says.

Workplace Heat: Guidance for Language School Workers

By Ryan - TEFL Workers Union, July 14, 2022

Heatwaves are becoming increasingly common in the UK. Language schools are rarely purpose-built and, sadly, few employers are willing to spend the money to do anything beyond basic repairs. We’ve all experienced leaky roofs, drafty and/or stuffy staff rooms, and windows painted shut. With temperatures set to regularly hit the mid-30s, it’s important workers know their rights when it comes to workplace temperatures.

What’s the law?

UK law does not set an upper limit for the temperature in the workplace. Instead, health and safety legislation requires that workplace temperatures be “reasonable”. The World Health Organisation recommends a limit of 24C for indoor workplaces.

Workplace temperature is covered under an employer’s general duty of care towards their staff. Employers are required to ensure workplaces are safe for all those within them.

What should my employer do?

All employers are required to undertake a risk assessment once a risk – such as high heat – has been identified.

Risk assessments must be undertaken by a competent person and employees should be consulted in any assessment. The results of the assessment should be available to staff.

With any workplace risk, employers should implement the “hierarchy of controls” to manage the risk.

Solidarity with the workers of the food company Sudaphi (Morocco): ECVC

By Federico Pacheco - La Via Campesina, July 6, 2022

European Coordination Via Campesina calls for solidarity with the workers of the company Sudaphi, part of the Premium Foods Solutions group, located in the province of Inezgane Ait Melloul in Souss Massa, Morocco. Sudaphi specializes in the processing and export of tomato-based products. It produces the Sud’n’Sol and Sunblush Tomatoes brands and sells its products to supermarkets and food processors in Europe.

In December 2021, Sudaphi unilaterally announced that it was subjecting all of its incumbent staff to a new written contract that threatens workers’ job security and their transfer to production sites far from their homes, without consulting the company’s employees or their elected representatives. Workers under the new Sudaphi contract have been protesting these changes outside the company’s gates since May 26.

A staff delegate affiliated with the National Federation of the Agricultural Sector (FNSA-UMT) was dismissed by Sudaphi on 27 May 2022. Two other delegates were sanctioned with 8-day layoffs and 3 members were forced to change positions. Sudaphi’s abusive practices represent a violation of the right to free association and collective bargaining. The delegate has organized a sit-in in front of Sudaphi’s offices in Inezgane Ait Melloul since his dismissal over a month ago. The FNSA demands respect for trade union rights and a serious and responsible dialogue with its regional authorities for a settlement of this collective dispute.

As heat rises, who will protect farmworkers?

By Bridget Huber, Nancy Averett and Teresa Cotsirilos - Food & Environment Reporting Network, June 29, 2022

Last June, as a record-breaking heatwave baked Oregon’s Willamette Valley, Sebastian Francisco Perez was moving irrigation lines at a large plant nursery in 104 degree Fahrenheit heat. When he didn’t appear at the end of his shift, his co-workers went looking for him, and found him collapsed between rows of trees. Investigators from the Oregon Occupational Safety and Health Division determined that Perez died of heat-related hyperthermia and dehydration. 

They also found that Perez had not been provided with basic information about how to protect himself from the heat. It wasn’t the farm’s first brush with regulators; it had previously been cited for failing to provide water and toilets to its workers. Later, in a closed conference with Oregon OSHA, an Ernst Nursery & Farms official blamed Perez for his own death, claiming that employees should “be accountable for how they push their bodies.”

This year, in a move to avert similar deaths — and force employers to take responsibility for protecting workers during hot weather — Oregon adopted the most stringent heat protections for outdoor workers in the country. The rule kicks in when temperatures reach 80 degrees F and requires employers to provide cool water, rest breaks and shade, as well as to make plans for how to acclimatize workers to heat, prevent heat illness and seek help in case of an emergency. 

The new standard has been praised by advocates, but industry is already pushing back. On June 15, the day the rule took effect, a coalition of Oregon business groups representing more than 1,000 companies filed a lawsuit seeking an injunction against the heat standard and another new rule governing workers’ exposure to wildfire smoke, arguing that they are unconstitutional. But the rules stand for now, making Oregon the third state to enact such standards for outdoor workers, after California and Washington. 

In the rest of the country, as climate change drives increasingly brutal heat waves, farmworkers lack protection. How they fare will largely depend on whether their employers voluntarily decide to provide the access to water, shade, and rest breaks that are critical when working in extreme heat. There are currently no nationwide regulations that spell out what employers must do to protect workers from heat and, while efforts to draft a federal rule recently began, it will likely be years before the standards are in place.

This summer, rising temperatures cause concern for agricultural workers

By Yesica Balderrama - Prism, June 22, 2022

Josue Josue has been a farmworker all his life. The 34-year-old immigrant from Mexico has lived in the U.S. for 20 years, picking produce like grapes, tomatoes, yams, and tobacco. He has worked in Florida, New Jersey, and California during extreme cold and hot weather, and he has experienced firsthand the impact that rising temperatures can have on agricultural workers—especially in the last few years.

”Every year it gets hotter,” Josue said. “Before I didn’t notice it, and now it’s unbearable.”

Josue works in North Carolina and has noticed unpredictable weather patterns, an increasingly felt effect of climate change. According to National Geographic, weather catastrophes such as heat waves, droughts, and ice storms have become more frequent during the last four decades. The most vulnerable areas are coastal and mountainous regions. Josue said that three years ago two hurricanes flooded the season’s crops, the following year’s crops were affected by a drought, and last year they had the opposite problem. 

“There were heavy rains, and we couldn’t grow anything,” he said.

The increasingly volatile and extreme weather has been affecting Josue’s health. After working in high temperatures outdoors, he feels exhausted and has regular stomach aches and dizziness. These are common symptoms of heat stress, which also include dehydration, nausea, and heat stroke, the leading cause of work-related death in farmworkers. Statistics from the Centers for Disease Control and Prevention showed that 815 workers died from heat exposure between 1992 and 2017. For farmworkers, heat can negatively impact their cognitive performance and behavior and threaten their overall well-being. Many agricultural workers also experience respiratory issues caused by exposure to pesticides, dust, and fungi.

A paper published in the Environmental Research Letters revealed the global number of agricultural workers has decreased due to rising temperatures. “Heat stress among farmworkers is becoming more prevalent as temperatures continue to rise,” said Alexis Guild, the director of health policy and programs at Farmworker Justice, an organization created to protect agricultural workers’ rights. “Farmworkers generally are not provided adequate protection.”

Webinar: Extreme Heat; Protecting Public Health and the Economy in California’s Central Valley

By Irene Calimlim, Dr Jose Pablo Ortiz Partida, Elizabeth Strater, Kimberly Warmsley, et. al. - The Climate Center, June 8, 2022

Over the past few years, extreme heat episodes have been on the increase throughout California and especially in the Central Valley. Home to 4.3 million Californians and nearly one million people working in agriculture, the Central Valley faced more than 35 days of extreme heat in 2021. This number is expected to double in the next few decades. In this webinar, presenters will discuss the impact on Central Valley residents, workers, and the agricultural sector, along with how to build community resilience in the face of these climate-fueled hazards.

Spanish interpretation brought to you by Linguística Interpreting & Translation.

En los últimos años, los episodios de calor extremo han ido en aumento en todo California y especialmente en el Valle Central. California es hogar a 4.3 millones y casi un millón de personas que trabajan en la agricultura, el Valle Central enfrentó más de 35 días de calor extremo en el 2021. Se espera que este número se duplique en las próximas décadas. En esta videoconferencia, los presentadores analizarán el impacto en los residentes, los trabajadores y el sector agrícola del Valle Central, además de cómo desarrollar la resiliencia de la comunidad frente a estos peligros provocados por el clima.

Interpretación en español presentada por Linguística Interpreting & Translation.

Climate Change is Killing Workers, but it Doesn't Have to be This Way

By April Siese - Daily Kos, April 20, 2022

Way back when I was splitting my working time freelance writing and working live events, I signed on with an audio-visual company that provides services to hotels. It was considered the retirement gig for production folks, as there was no touring involved and very little stress. As a lighting designer, my job consisted of gussying up a ballroom in corporate colors and making sure the lights I used to illuminate a podium made presenters look good. All that gear came from a warehouse, run by a cherished coworker who used to lovingly chide me for wearing ballet flats on show days because they weren’t exactly as safe as steel-toes. He stood up for me when there did come an opportunity to work out of town and I was the only woman on the gig. And he was known for his relentless work ethic, which was just as strong as his belief in the people around him. That relentlessness may have cost him his life.

A lawsuit has been brought on behalf of this friend, who likely succumbed to heatstroke one blazing summer day in the New Orleans metro and ultimately passed away. The company claimed it was heart-related. Rumblings from his friends and colleagues made it clear: It was likely heat-related.

There’s little recourse for workers who die from extreme temperatures, which have been made much worse due to climate change. As Mother Jones notes in a recent report, median penalties for on-the-job deaths stand at just $12,144 for federal Occupational Safety and Health Administration (OSHA) plans. State OSHA plans typically penalize companies with median fines of just $6,899 for worker deaths. For companies like the one I worked at, with revenues in excess of $40 million, a penalty like that certainly wouldn’t inspire a whole lot of change. Not that enforcement has even come close to allowing for such penalties to be incurred in the first place: As the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) notes, underreporting of such tragedies is altogether too common.

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