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Washington employers push back on new worker heat-protection rules

By Farah Eltohamy - Crosscut, June 15, 2023

Lorena, a former farmworker from Sunnyside, toiled day and night tending to blueberries in Washington’s Yakima Valley for close to a decade.

By year six, Lorena’s employer had elevated her to a supervisory role – which she said she personally took as an opportunity to better advocate for her fellow farmworkers out in the sweltering summer conditions.

Lorena, who asked to be identified by her first name only to avoid any potential reprisal from her former employer, regularly reported any problems she saw with lack of access to adequate water and shade – and over the years was met with repeated retaliation that she said ultimately drove her out of the career in 2021.

The heat is becoming more extreme each passing year, Lorena told Crosscut, but most changes to working conditions seem for “the benefit of the fruit, not for the benefit of farmworkers.” 

Agricultural workers are among those most vulnerable to heat-related illnesses, and according to the Centers for Disease Control and Prevention they’re dying of heatstroke at a rate nearly 20 times greater than all U.S. civilian workers. 

Protecting Workers and Communities, From Below Part 2: There Ought to Be a Law

By Jeremy Brecher - Labor Network for Sustainability, April 30, 2023

As key states start reducing their use of coal, oil, and gas, what will happen to the workers who produce, transport, and burn those fossil fuels? The previous Commentary, “Protecting Workers and Communities – From Below: Part 1: On the Ground” described local programs to protect workers and communities from side effects of power plant closings and other climate protection measures. This Commentary portrays state-level programs to guard workers and communities against loss of livelihoods and income from climate protection policies.

While the transition to climate-safe energy will create far more jobs than it will eliminate, that is cold comfort for those whose jobs may be threatened – after all, every job is important if it is your job. So many of those who are advocating for state policies for climate protection are also advocating protections for workers and communities that may be adversely affected by climate measures. And many of the states that are transitioning away from climate-destroying fossil fuels to climate-safe renewable energy are developing policies and programs to protect workers and communities from damaging side effects of that transition. While such provisions are still far from adequate, they provide initial experiments that can lay the groundwork for expanded protections at both state and national levels.

Fossil Fuel Industry Phase-Out: Three Critical Worker Guarantees for a Just Transition

The Road to Equity: Concerns and Analysis of RUC Pricing Mechanisms

Weyerhaeuser strike enters fifth week

By Don McIntosh and Colin Staub - Northwest Labor Press, October 7, 2022

Weyerhaeuser mills and log yards across the Northwest have been silent more than four weeks now as the lumber giant faces off against its own workers.

At four sawmills, two log export facilities, two statewide log truck operations, and seven logging camps, 1,100 Weyerhaeuser workers have been on strike since Sept. 13 over a basic union principle, fairness. Weyerhaeuser, after reporting record profits of $2.6 billion last year, proposed that its workers make concessions: accept wages that lose ground to inflation, and start paying a share of health insurance premiums. Weyerhaeuser is one of the rare employers that pays the entire health insurance premium, a benefit that used to be standard, and workers think if they give that up, it may never get better.

Northwest Weyerhaeuser workers already agreed to concessions in their most recent contract, including a two-tier set-up which terminated the pension for new hires. Workers both old and new now say they regret that. They also agreed to allow the company to leave the union-sponsored health and welfare trust, and they say the health insurance benefits that replaced it aren’t as good.

They’re dead set against making concessions again.

On the picket line at the Longview lumber mill, strikers were clear-eyed about what’s at stake.

Transforming Transportation–from Below

By Jeremy Brecher - Labor Network for Sustainability, July 2022

People are acting at the local and state level to create jobs, reduce greenhouse gas pollution, and equalize transportation by expanding and electrifying public transit, electrifying cars and trucks, and making it safe to walk and bike. It’s a crucial part of building the Green New Deal from Below.

More than a quarter of greenhouse gases [GHGs) emitted in the US come from transportation – more than from electricity or any other source.[1] Pollution from vehicles causes a significant excess in disease and death in poor communities. Lack of transportation helps keep people in poor communities poor.

Proposals for a Green New Deal include many ways to reduce the climate, health, and inequality effects of a GHG-intensive transportation system. “Transit Oriented Development” (TOD), “smart growth,” and other forms of metropolitan planning reduce climate-and-health threatening emissions while providing more equal access to transportation. Switching from private vehicles to public transit reduces GHG emissions by more than half and substantially reduces the pollution that causes asthma and other devastating health effects in poor communities. Changing from fossil fuel to electric vehicles also greatly reduces emissions. Expanded public transit fights poverty and inequality by providing improved access to good jobs. And expansion of transit itself almost always creates a substantial number of good, often union jobs. Every $1 billion invested in public transit creates more than 50,000 jobs.[2]

Plans for a Green New Deal generally include substantial federal resources to help transform our transportation system.[3] The 2021 “bipartisan” Infrastructure Investment and Jobs Act provided $20 billion over the next five years for transit projects. But meanwhile, efforts at the community, local, and state level have already started creating jobs reducing transportation pollution – models of what we have called a Green New Deal from Below.[4]

These Green New Deal from Below programs are often characterized by multiple objectives – for example, protecting the global climate, improving local health, providing jobs, and countering inequality. And they often pursue concrete ways to realize multiple goals, such as “transit-oriented development” that builds housing near transit to simultaneously shift travel from cars to public transit and to expand access to jobs and urban amenities for people in low-income communities.

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.”

Farmworkers and Firefighters Are on the Front Lines of Climate-Fueled Catastrophe

By Lin Nelson - Labor Notes, February 14, 2022

Despite the short flurry of support (it seems so long ago) for workers on the front lines, many of the folks who help hold our health and the economy together feel abandoned and used up. The Covid calamity and the escalating climate crisis are creating worker sacrifice zones.

In December, more than 700 workers and allies from across the country made their way (online) to the 10th annual Council on Occupational Safety and Health conference, where they shared stories about the conditions that make going to work a risky affair.

Heat and climate were major threads. We might be in the chill-blast of winter now, but we remember the summer’s heat, from fires in British Columbia to evacuated towns in Oregon to the blistering heat in Washington farmlands.

Outdoor workers were at the center of risk this year. Many were sent into floods and fires—to harvest food, to fight the infernos in the West, or to do dangerous storm cleanup throughout the South and Midwest.

These workers grappled with urgent but often inaccessible health alerts about temperature, air quality, signs of heat stress and fire risk. Many didn’t have the benefit of unions, protective legislation, or functioning public agencies, and faced reprimand or firing if they spoke up about their concerns.

Food-service workers are suffering from extreme heat; Few rules exist to protect them

By Matthew Sedacca - The Counter, September 6, 2021

With record-breaking temperatures blanketing the country and no federal heat standard in place, workers find they have no choice but to walk out.

As a heat dome blanketed Portland, Oregon in late June, workers at Voodoo Doughnut’s Old Town location found themselves crumbling in their store. Even with air-conditioning in the shop, ambient thermometers brought in by staff recorded interior temperatures upward of 96 degrees. Workers were breaking out in heat hives and doubling over from nausea. The company’s iconic Bacon Maple Bar doughnuts, with their frosting unable to set due to the heat, literally melted into soggy brown mush.

The high-90 temperatures in the Old Town location were already a drastic surge from the more routine ambient summer heat, which was estimated to be around 80 degrees in the store, even with the fryers running all day. But on June 27, when temperature highs in Portland would eventually reach a record-breaking 112 degrees, it reached more than 100 degrees inside Voodoo Doughnut. Workers went to management and suggested that they close the shop early for their safety. After their demand was waved off, a group of employees walked out and went on strike through Monday, when the city’s temperatures soared even further to 115 degrees

“We would rather walk out on strike than to see a coworker collapse and hurt themselves or suffer heat stroke or worst case scenario, you collapse while you’re over a fryer,” said Samantha Bryce, a Voodoo Doughnut employee in Portland, who participated in a strike with her colleagues over workplace safety in June. “We don’t want someone to get hurt before the company takes action.”

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