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EXPLAINED: What Chevron Means for Federal Workers

Heat-related laws in Texas, Florida, Phoenix to be put to the test

By Zachory Phillips - Construction Dive, May 23, 2024

As summer begins, some states prevent cities from mandating water breaks. Still, there are commonsense practices to protect workers from soaring temperatures.

When the calendar turns to summer’s traditional start on Memorial Day, the longer days can help contractors deliver projects more quickly than during winter months.

At the same time, summer days bring intense heat in many parts of the country — so hot that it risks the health of outdoor workers. The safety of laborers in hot climates has garnered national attention in recent years, especially as research indicates that air temperatures are increasing around the globe and will continue to rise.

In many parts of the world, last summer was the hottest in 2,000 years, according to NASA. Miami broke its record for the city’s hottest July ever recorded. Temperatures hit over 100 degrees 70 times in El Paso, Texas. Phoenix hit 110 degrees 54 times.

For outdoor workers in some states, this summer will also be the first with new rules — and in some cases, new prohibitions against mandates — when it comes to water breaks. Texas and Florida have passed laws to stop municipalities within their borders from requiring employers to provide water breaks to workers.

In Florida, Gov. Ron DeSantis signed House Bill 433, which will prevent cities and counties in the state from enacting their own heat safety regulations, starting in July.

The Texas law, dubbed “The Death Star Bill” by opponents, is currently in effect, though some cities, such as Houston and San Antonio, have sued over the legislation.

Florida outdoor workers vow to continue heat protection fight after DeSantis ban

By Alexandra Martinez - Prism, May 14, 2024

Florida farmworkers and workers’ rights advocates refuse to back down in their fight for stronger labor protections despite the governor’s push to block local governments from passing safeguards.

Last month, Florida Gov. Ron DeSantis signed House Bill 433, which prevents local governments from requiring heat exposure protections for workers. Farmworker and labor advocates in Miami spent years advocating for heat protections for outdoor workers and came close to victory before the agricultural industry successfully lobbied against the law. Starting July 1, it will be illegal for local governments in Florida to pass health and safety measures for outdoor workers in extreme heat. The decision comes after Florida experienced its hottest summer on record.

The Farmworker Association of Florida (FWAF) targeted DeSantis with a veto campaign against the measure. Representatives from Hope CommUnity Center and the Hispanic Federation also lent their support, amplifying the urgent need for legislative intervention to safeguard the rights and well-being of farmworkers. Despite concerted efforts to advocate for heat protections, including mobilization and community outreach, advocates say HB 433 signifies a disheartening setback for the movement.

“We just want to make that plainly stated out loud and march through the town so that the people can know that we’re not OK with it,” said Ernesto Ruiz, a researcher and advocate from FWAF. “This is unacceptable, and our representatives are failing us.”

Additionally, advocates for farmworkers in Central Florida convened on May 1, with about 100 community members marching through the streets of Apopka to raise awareness about the dire conditions agricultural laborers face. 

“We talked about the importance of voting for those that can, about the importance of organizing our community. We stressed how during COVID and the pandemic, our communities were called essential, and now we’re being treated as criminals,” Ruiz said. “Rather than enacting protections to protect their basic health, just basic labor and decent standards, the state government is doing the exact opposite.” 

Miami-Dade County’s outdoor worker activists with WeCount! have organized for the nation’s first county-wide heat standard since 2017. The coalition of workers officially launched their ¡Que Calor! campaign in 2021 and came close to getting the Board of County Commissioners to approve the proposed heat standard in September, but by November, commissioners buckled under lobbyist pressure. The final vote was postponed until March in an effort to gain more support. 

California delays vote on critical indoor workplace heat safety standard

By Alexandra Martinez - Prism, April 4, 2024

Amid mounting concerns over the safety of California’s workforce, a critical vote on a bill to protect workers from extreme indoor temperatures narrowly passed the California Occupational Safety and Health Standards Board (Cal/OSHA), but the bill still requires approval from a skeptical governmental agency, leaving workers vulnerable. The decision has ignited anger among labor groups statewide that argue the state’s inaction is putting lives at risk.

On March 21, in a hearing room packed with people wearing stickers proclaiming, “Heat Kills,” a diverse coalition of laundry workers, farmworkers, janitors, steelworkers, fast food workers, stagehand technicians, construction laborers, and shipyard workers gathered to voice their dismay at the cancellation of the crucial vote on the Indoor Heat Illness Prevention Standard. The state’s Office of Administrative Law will need the Department of Finance’s approval before it can move forward with the regulations, but the office is not immediately certain about the time frame for the next steps.

“Our coalition of unions and worker advocates have been pushing Cal/OSHA to do its job and approve regulations that finally protect workers from extreme indoor heat,” said Lorena Gonzalez, Chief Officer of the California Labor Federation, which represents 1,300 unions and 2.3 million union members. “It’s outrageous that after years of advocacy … we learned that it was pulled from the agenda with no prior notice or explanation.” 

The standard would have protected millions of workers in warehouses and other indoor facilities, but Gov. Gavin Newsom objected to the program’s costs. The Department of Finance intervened over concerns about costs to correctional facilities and other state entities, but Cal/OSHA moved forward and voted unanimously to adopt the standards. The rules are now in limbo. 

Phoenix Passes Historic Ordinance Giving Outdoor Workers Protection From Extreme Heat

By Cristen Hemingway Jaynes - EcoWatch, April 1, 2024

A historic new law in Phoenix, Arizona, will provide thousands of outdoor workers in the hottest city in the country with protections from extreme heat.

In a unanimous vote, the Phoenix City Council passed an ordinance requiring that workers have easy access to rest, potable water and shade, as well as training to recognize signs of heat stress, a press release from the National Council for Occupational Safety and Health (National COSH) said. Vehicles with enclosed cabs must also have access to air conditioning.

“People who work outside and in hot indoor environments in Phoenix suffer unacceptably during our deadly summers, with too few protections,” said Katelyn Parady, a Phoenix-based expert on worker health and safety with National COSH, who assisted unions and local workers in advocating for the new extreme heat protection measures, in a press release from National COSH. “This ordinance is a critical first step toward getting workers lifesaving protections and holding employers accountable for safety during heat season. It’s also a model for how local governments can leverage their contracts to protect the workers who keep their communities running from climate change dangers.”

In 2023, there were a record 31 consecutive days of 110-plus degree heat in Phoenix. The city had 340 deaths related to the extreme heat, with 645 in Maricopa County, according to the county health department. Three-quarters of the heat-related fatalities happened outdoors.

In the United States, more than 40 percent of outdoor workers are Hispanic or Black, while making up approximately 32 percent of the population, reported The Guardian.

People of color and low-income workers are the most impacted by the hazards of extreme heat. According to Public Citizen, the risk of Latinx workers dying from heat stress is more than three times higher than that of their peers.

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Turner heat study finds workers at risk even on ‘cooler’ summer days

By Zachary Phillips - Constructive Dive, January 4, 2024

Dive Brief:

  • A study looking at the effects of working outside in hot weather by New York City-based Turner Construction discovered many workers’ core body temperatures reached risky levels even on moderate summer days.
  • The heat pilot study, conducted over three days last summer with an average peak temperature of 88 degrees Fahrenheit, found that 43% of the 33 workers monitored had core temperatures reach over 100.4 F, even in “cooler than typical summer conditions.” OSHA lists 100.4 F as the benchmark for an elevated risk of heat stress.
  • In partnership with the University of New Mexico, Indiana University and La Isla Network — an Alpharetta, Georgia-based organization researching the effects of heat on workers — the study was designed to better understand how increased temperatures affect jobsite safety.

Heat Waves and Wildcat Strikes

By Jeff Shantz - LibCom, January 4, 2024

Green syndicalism puts the connectedness of ecological crises and crises of working-class life at the center of analysis—as outcomes of capitalism. It emphasizes ways in which exploitation of labor and the exploitation of nature go hand in hand and develop together. It also centers the importance of working-class resistance in ending the capitalist social system that causes, and thrives on, both.

Climate crises, which have moved beyond crisis to pose an existential threat to numerous life forms on the planet, disproportionately impact the working class—especially the poorest, most precarious, racialized sectors of the working class globally. Appropriately, heat waves have become a focus of labor action in a range of industries.

According to data from the US Bureau of Labor Statistics, 53 workers died in the US due to temperature extremes in 2019, and the climate crisis is creating more, and new, hazardous conditions for workers, as heat waves, heat domes, and extreme heat become more regular and extensive. Between 1992 and 2017, heat stress killed 815 US workers while seriously injuring more than 70,000. Extreme heat kills more people each year than floods, hurricanes, and tornadoes, all of which are also becoming more frequent, in the US, according to the National Weather Service. On the whole, about 700 people die from heat-related illnesses each year. And the situation is only getting worse.

The number of “hot days” recorded in the United States has been increasing over decades. The 2018 National Climate Assessment, a major scientific report by 13 federal agencies, found that the frequency of heat waves increased from an average of two per year in the 1960s to six per year by the 2010s. It is not only the frequency of heat waves that is increasing, but the duration of each heat wave. The National Climate Assessment concluded that the season for heat waves is now a full 45 days longer than it was in the 1960s.

The impacts of capitalist climate crises, which disproportionately harm working class people, impel new strategies and tactics for working class organizing, as well as novel deployments of tried-and-true actions—such as wildcat strikes. Notably, we are seeing a revival of walkouts and wildcats against unsafe and unhealthy working conditions in the context of heat waves and heat domes, especially as these become more intense and more frequent.

Dying in the Fields as Temperatures Soar

By Liza Gross and Peter Aldhous - Inside Climate News, December 31, 2023

Scores of California farmworkers are dying in the heat in regions with chronically bad air, even in a state with one of the toughest heat standards in the nation.

For most of July 2019, stifling heat hung over the agricultural fields of California’s Central Valley, as farmworkers like William Salas Jiminez labored under the sun’s searing rays. Temperatures had dipped from 99 to 95 degrees Fahrenheit the last day of the month, when the 56-year-old Puerto Rico native was installing irrigation tubing in an almond orchard near Arvin, at the valley’s southern edge. 

Around 1:30 that afternoon Salas sat down to rest. When he stood up to go back to work, he suddenly collapsed. An hour and a half later, he was dead. Reports filed with the U.S. Department of Occupational Health and Safety, or OSHA, say Salas died of a heart attack.

Salas’ death certificate lists atherosclerotic heart disease as the immediate cause of death. But it also lists “extreme heat exposure” and obesity as significant contributors. Both heart disease and obesity increase the risk of fatal heatstroke.

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