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AFGE Urges Locals to Monitor Temperature, File Heat Hazard Complaint if Necessary

By Staff - AFGE, September 5, 2023

AFGE is urging locals to monitor temperatures in their facilities after receiving several complaints from members that their agencies have refused to provide air-conditioning or fans during the summer months where several states saw record-high temperatures. 

So far, we’ve heard from members working at the Defense Department, Veterans Affairs, Transportation Security Administration, and the Environmental Protection Agency. 

“Many agencies' officials are refusing to purchase air-conditioning or fans. Locals that face this type of behavior from the agency should file a complaint with OSHA,” said AFGE Workers Compensation Specialist Joe Mansour. “We need the locals to be educated and become aware that they can file a complaint on their agencies over heat hazards.”

OSHA has recently issued a heat hazard alert as it’s working on a heat standard. The hazard alert tells employers they have to do something to address heat exposure, like giving workers time to get acclimated to the heat conditions, providing rest breaks in the shade, providing cool water, and the right protective equipment. To address heat exposure, employers should do an assessment and use engineering controls, like fans, and administrative controls, like modifying schedules to work in cooler temperatures or provide breaks in cooler environments. 

Here are the steps locals should take:

  1. Take the temperature at the problem locations and take pictures of how hot it is. 
  2. Document any circumstances that contribute to the heat hazard, such as lack of cool or shaded areas to rest, lack of water and other aggravating factors like working in direct sunlight or the level of work activity. If employees are experiencing any health effects, that should be documented as well. Medical assistance should be provided immediately if anyone needs it. 
  3. Ask the agency to fix the problem in writing. If the agency refuses, then use the tool below to locate your OSHA office and file a complaint.
  4. OSHA can respond to the complaint you file in two ways:
  • They can send a letter to the agency and request a response within 30 days.
  • They can do a site visit.

Brother of State Worker Killed on the Job Wants State Level OSHA

Workers vs Heat

By Staff - Labor Network for Sustainability, August 30, 2023

UPS Workers Win Heat Protections Faced with a threatened strike – including “practice picket lines” — by its 340,000 union employees, UPS has agreed to a contract that provides major gains in wages and working conditions for its Teamsters’ members. The contract includes elimination of a “two-tier” wage rate; significant wage increases, especially for the lowest paid workers; and combining part-time jobs to provide new full-time jobs.

Sometimes lethal heat conditions have been a central issue for UPS workers. UPS has promised to equip all new package cars with air-conditioning and to install fans on older package cars. Section 14 of the contract states: 

All vans, pushbacks, fuel trucks, package cars, shifting units, and 24-foot box vans after January 2024 shall be equipped with A/C. Single fans will be installed in all package cars within 30 days of ratification and a second fan will be installed no later than June 1, 2024. Air-conditioned package cars will first be allocated to Zone 1 which is the hottest area of the country. All model year 2023 and beyond package cars and vans will be delivered with factory-installed heat shields and air induction vents for the package compartment. Within 18 months of ratification, all package cars will be retrofitted with heat shields and air induction vents. A Package Car Heat Committee will be established within 10 days of ratification for the purpose of studying methods of venting and insulating the package compartment. A decision must be made by October, 2024 or the issue will be submitted to the grievance procedure. The company will replace at least 28,000 package cars and vans during the life of the contract. 

The contract was overwhelmingly ratified by UPS union members on August 22.

Amazon Workers Walk Out to Demand Climate Protection

By staff - Labor Network for Sustainability, August 30, 2023

Hundreds of workers at Amazon’s main headquarters in Seattle held a walkout May 31 to protest the company’s backtracking on its commitments to climate protection.

A statement by Amazon Employees for Climate Justice condemned the company’s recent admission that it had dropped its commitment to its “Shipment Zero” policy, which pledged in 2019 to reduce carbon emissions to net zero on 50% of its shipments by 2030.

A worker quoted in the statement said, “I’m appalled that senior leadership quietly abandoned one of the key goals in the climate pledge. It’s yet another sign that leadership still doesn’t put climate impact at the center of their decision-making. That’s why I walked out.”

Amazon Employees for Climate Justice accused Amazon of undercounting its carbon footprint, disproportionately locating pollution-heavy operations in communities of color, and working to undercut clean energy legislation.

The demonstration also protested Amazon’s mandatory return-to-office policies.

Fair Food Program’s heat illness standards are saving farmworkers’ lives amidst record-shattering summer temperatures

By Ty Joplin - Coalition of Immokalee Workers, August 23, 2023

Fair Food Program’s heat illness standards are saving farmworkers’ lives amidst record-shattering summer temperatures

Professor Susan Marquis, Princeton University, op/ed in Miami Herald on FFP heat illness standards: “The Fair Food Program’s heat illness prevention standards already are proven. Crews are staying hydrated and safe. As one farmworker reported, “We can do more than improve day-to-day health and safety conditions. We can prevent a father or mother, a daughter or son, from losing their lives.’”

IMMOKALEE, FL – As scorching summer temperatures endanger the lives of farmworkers across the nation, and at least two farmworkers in South Florida alone have succumbed to the record heat this year, advocates are urgently sounding the alarm for rigorous and enforceable heat stress protections. While these advocacy efforts are desperately needed to protect hundreds of thousands of the country’s hardest and most vulnerable workers, there is a program that has been in operation since 2011 in farm fields from Florida to Colorado that deploys the very same protections – water, shade, and mandatory rest breaks – that advocates are calling for today around the country, and more, including on-the-clock education on their rights for farmworkers and training in life-saving interventions to prevent heat stress illness and death for supervisors. Indeed, the Fair Food Program’s Heat Illness Standards not only provide the essential elements for effective heat stress protection, they also, as part of a broader, Presidential-medal winning program to safeguard farmworkers’ basic human rights, have the power to actually enforce those standards in the fields.

To protect workers under its standards, the FFP is backed by the market power of 14 major retailers including Walmart, McDonald’s, Whole Foods, and Trader Joes, all pledged to suspend purchases from growers who are suspended from the program for violating its standards, giving the program real teeth. The FFP is monitored by a team of independent, trained human rights investigators with the Fair Food Standards Council. As a recent op-ed by the Miami Herald lays out, “the program is credited with eliminating unsafe working conditions, wage theft, beatings, rape and forced labor for tens of thousands of farmworkers each year on participating U.S. farms.”

Thousands of farmworkers are covered by the FFP, which is operative today in 12 crops in 10 states, and 3 countries. To extend these life-saving heat stress protections to workers currently toiling in fields beyond their reach, farmworkers with the Coalition of Immokalee Workers are pushing for the rapid expansion of the FFP, calling on major food brands – companies including Kroger, Wendy’s and Florida’s own Publix – to join the program and help bring these best-in-class protections to tens of thousands of more farmworkers across the county. 

Extreme heat is on everyone’s lips. Too bad it can’t get political traction

By Alexander Nieves - Politico, August 16, 2023

Scorching summer temperatures have pushed extreme heat to the front of the nation’s collective consciousness. There’s just one problem: It’s hard to get politicians to care about it.

Even in California, home of the nation’s first outdoor heat standard for workers and a new law to create a ranking system for heat waves, the issue has yet to gain political traction. Advocates have struggled to secure funding to help residents adapt, and state officials have been slow to enforce worker safety rules.

California’s handling of extreme heat doesn’t bode well for the nation’s ability to address the effects of rising temperatures, which are most likely to harm people who can’t access air conditioning and who are already in poor health.

“Our focus has been on priorities where you can get people to buy in and, frankly, where it’s sexy. It’s new technology, it’s talking about electric vehicles and rooftop solar,” said state Sen. Anna Caballero, a Central Valley Democrat who represents rural communities that are among the poorest in the state. “We haven’t focused on the impacts of climate change on lower-income families.”

While President Joe Biden announced a federal effort last week to track heat-related illnesses, California officials began paying closer attention to heat deaths in 2021, after the Los Angeles Times estimated that high temperatures had killed nearly 4,000 people between 2010 and 2019 — more than six times higher than official state figures.

The data dwarfs fatalities from more dramatic extreme weather events like wildfires, floods and windstorms. Fewer than 300 Californians died from those events over the same period of time, according to data from the National Weather Service.

During Some of the Hottest Months in History, Millions of App Delivery Drivers Are Feeling the Strain

By Gina Jiménez - Inside Climate News, August 15, 2023

Around 4 million people in the U.S. work as contractors for app services like DoorDash delivering pizzas, salads and pad thai. Those in areas with extreme heat are taking new measures to keep working through it.

Jessica Fawcett wakes up at 5:30 a.m. so she can deliver groceries and take-out orders throughout Tempe, Arizona by 6:30 a.m. She has been working 12- to 14-hour shifts for Instacart and DoorDash since December, but lately, the heat in Tempe has been making them harder. 

Some days, Fawcett must walk 20 minutes or climb four floors of stairs in a 116-heat index just to deliver one order. “I joke and say I don’t need to go to the gym because I already walk a lot with this heat,” she says, “I have lost so much weight.” 

The National Oceanic and Atmospheric Administration reported this year’s June was the hottest the Earth has ever registered, and last week the Copernicus Climate Change Service said July was the hottest month ever recorded. High temperatures have continued this month, and over 100 million Americans were under an extreme heat alert at some point during July.

Nevertheless, app delivery workers in states with extreme weather, like Arizona and Texas, have kept working. Some feel the consequences on their health, and others are changing their working hours and carrying around cold water to survive long shifts in the blistering heat. 

“It feels like you are standing in an air fryer or a microwave,” says Hector Mejía, a 30-year-old who has been working doing DoorDash deliveries in Phoenix for around a year. He compares heat these days in Arizona with standing next to a campfire. “It’s almost hard to breathe.” 

The number of people working for app delivery platforms in the U.S. has exponentially increased in the last few years, from just over one million in 2018 to over four million in 2021, a recently published study found. That represents almost three times Amazon’s global workforce. 

While some platform workers like the flexibility of the job, they are especially vulnerable to inclement weather, sickness or any situation that keeps them from working since as independent contractors, their livelihood depends on them being on the streets.

In New York City, app delivery workers have been fighting to get an hourly minimum wage, but in the rest of the country, organization efforts are scarce, said Ligia Guallpa, the executive director of the Workers Justice Project, an organization that has supported app delivery workers in New York. 

It’s Too Hot to Keep Using Pesticides

By Harrison Watson - In These Times, August 15, 2023

Farm workers are being sickened by agrochemicals—and, due to extreme heat, by the PPE they wear to protect themselves.

It’s summer and time to take in the sunshine. But beware: because of climate change, the planet is rapidly warming. Outdoor temperatures are climbing above 100oF. Raging heat waves are causing debilitating illness and death. In some places, floods sweep through the streets. In others, precipitation is declining and water sources are evaporating. The Union of Concerned Scientists has dubbed this time of year, from May to October, the ​“danger season.”

Humans have not evolved to withstand such levels of heat stress. Still, over 2 million farm workers find themselves out in the fields. Some are suited up in heavy layers of clothing, including flannel shirts, pants, boots, gloves and coveralls. The purpose of this personal protective equipment (PPE) is to shield farm workers from the chemical threats they face from working with and around toxic pesticides and herbicides.

Each year, farmers and farm workers use billions of pounds of pesticides to suppress pests across 250 million acres of crop fields in the United States. The Environmental Protection Agency (EPA) does work to educate farm workers and help them navigate pesticide-treated fields safely. Still, according to the National Agricultural Worker Survey nearly one-third of all farm workers do not receive the annual, mandatory training.

“So some farm workers just don’t know how harmful pesticides are,” says Mayra Reiter, director of the Occupational Safety and Health division at the organization Farmworker Justice. ​“The EPA approves chemicals because they assume that farmworkers will wear PPE, but those farm workers aren’t wearing it.”

Every year, pesticides sicken 300,000 farm workers, according to the U.S. Government Accountability Office. No one has an accurate count of how many of them die.

And the PPE farmworkers need to protect them from these chemicals can’t protect them from the danger sealed therein: Wrapped tight in their PPE, the heat they generate working at a feverish pace has nowhere to dissipate. In some places, a third of farm workers out in the fields suffer from heat-related illnesses every year. 

This is because many farm workers are constrained by the current wage system to ignore workplace hazards or skip water, bathroom and cooling breaks. In several states, farm workers receive ​“piece-rate” wages — that is, instead of an hourly wage, they’re paid by the bucket, bushel or piece of crop they pick. 

OSHA: Employers Are Responsible for Protecting Workers from Heat Illness

By staff - AFGE, August 14, 2023

The Occupational Safety and Health Administration (OSHA) has issued a heat hazard alert and announced more enforcement as a reminder to employers that they have the duty to protect workers. 

OSHA’s heat hazard alert comes as most states are experiencing record-breaking heat that puts workers at risk.

“It’s the law! Employers have a duty to protect workers against heat,” OSHA said in the alert. “Employers have a legal and moral responsibility not to assign work in high heat conditions without protections in place for workers, where they could be literally worked to death.” 

“The department [of Labor] also announced that OSHA will intensify its enforcement where workers are exposed to heat hazards, with increased inspections in high-risk industries like construction and agriculture,” the Department of Labor said. “These actions will fully implement the agency’s National Emphasis Program on heat, announced in April 2022, to focus enforcement efforts in geographic areas and industries with the most vulnerable workers.

OSHA’s alert applies to both workers in the public and private sectors. AFGE members are voicing concerns on the heat issue as well. To date, we heard from locals representing TSA, EPA, and Ft. Belvoir employees. 

“They talked about TSA workers passing out. They filed an OSHA complaint, and TSA did the right things for about three days. Then it went back to the same old -- meaning no heat protections for workers,” said AFGE Health and Safety Specialist Milly Rodriguez. 

According to OSHA, employers should provide cool water, breaks, and a cool rest area for employees. They should train employees on heat illness prevention and what to do if they see another employee suffering from heat illness. They should also allow employees to become used to working in hot temperatures.

Under the OSHA Act, if workers don’t feel their working conditions are safe, they can file a confidential complaint with OSHA online or call OSHA at 800- 321-OSHA. It’s illegal for an employer to retaliate against a workers who exercises their legal rights and file a complaint with OSHA.

The Climate Culprits Blocking Workers’ Heat and Wildfire Protections

By Rebecca Burns - The Lever, August 9, 2023

Fossil fuel and corporate lobbying groups blocking action on climate change are also fighting labor protections meant to safeguard workers from its intensifying effects. As record-high temperatures kill the workers who grow our food, deliver our packages, and build our homes, industry lobbying has stalled heat safety measures in Congress and at least six states, according to a Lever review.

As a result, most of the nation’s workers still aren’t guaranteed access to water, rest, and shade — the basic precautions needed to fend off dangerous heat stress. Heat exposure could already be responsible for as many as 2,000 workplace deaths each year, and research suggests that it is three times as deadly when combined with exposure to air pollution from sources like wildfire smoke.

Business lobbies representing the agriculture, construction, and railroad industries have also opposed state rules protecting outdoor workers from smoke exposure.

The key opponents to worker climate protections include the National Federation of Independent Business (NFIB), a well-funded influence machine that describes itself as “the voice of small business” while pushing corporate agendas like the rollback of child labor protections. The group reported spending more than $1 million lobbying the federal government last year on issues including legislation to fast-track heat protections for workers. Soon after, the bill stalled.

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