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

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. 

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.

New Texas law strikes down rights for immigrant workers

By Alexandra Martinez - Prism, August 7, 2023

Workers and allies protested July 14 outside Houston’s City Hall, denouncing what they are calling “la ley que mata,” or “the law that kills.” HB 2127, which eliminates critical labor and housing protections for workers, takes effect September 1. 

Gov. Greg Abbott signed HB 2127—also known by critics as the “Death Star” bill—last month, leading workers to call on President Joe Biden to intervene to prevent more workers’ deaths. The bill nullifies municipal laws and regulations, specifically taking aim at progressive ordinances that improve worker protections, including regulations related to overtime pay, rest breaks, and water breaks—changes that will directly impact Texas’ immigrant workers. More broadly, the law also has the potential to bar cities from creating regulations related to agriculture, business and commerce, finance, insurance, labor, natural resources, occupations, and property. In short, as reported by the Texas Tribune, “the Legislature decided there was too much Democracy afoot in Texas, so it did something about it.”

Houston and San Antonio have sued the state to block the law, arguing that HB 2127 violates the state’s constitutions and prohibits cities from self-governing. According to a survey by the University of Texas/Texas Real Politics Project, nearly half of those surveyed said the state government mostly ignores the needs of Texas residents. Nearly 60% opposed exactly what HB 2127 does, which is “reduce the power of cities and counties to pass laws or regulations in areas where state and local governments have traditionally shared authority.” 

During a press conference on July 14, dozens of neon yellow construction hats lined the steps of Houston’s City Hall, representing the workers who experienced heat-related injuries on the job. On July 1, construction worker Felipe Pascual collapsed due to extreme heat at a job site in Fort Bend County and later died from hyperthermia. As of late June, at least 13 people have died from heat-related illness in Texas alone.

As heat strikes, so do workers

By Katie Myers - Grist, August 1, 2023

The heatwave enveloping much of the world is so deadly that, in Europe, it has acquired two hellish mythical names: Cerberus, the three-headed dog that guards Hades, and Charon, the man who, legend has it, ferries the dead to the afterlife.

Workers are taking a stand against the brutal conditions, using walkouts, strikes, and protests to call attention to the outsize danger the heat poses to the people who must work outdoors or in conditions where air condition isn’t available. The ongoing threat has taken the lives of people, from a construction worker in the Italian city of Lodi to farmworkers in Florida, and letter carriers in Texas. 

The organizing efforts started in Greece, where workers in the tourism industry — which accounts for 20% of the country’s GDP — are chafing under the strain. Athens’s most famous archaeological site, the Acropolis, closed for a few days earlier this month, but even as the government reopened it, temperatures continued soaring to 111 degrees Fahrenheit. The Acropolis’s staff, which is unionized through the Panhellenic Union for the Guarding of Antiquities voted to strike during the hottest four hours of each day.

Miami workers fight for better labor conditions in the heat

By Kat Grimmett - Prism, August 1, 2023


Dozens of workers from the ¡Que Calor! campaign gather after the commissioners meeting to rally behind the proposed heat standard.(Photo by Kat Grimmett)

A sea of royal blue shirts filled the floor before the Miami-Dade County Commission on July 18. They belonged to dozens of outdoor workers with WeCount!’s ¡Que Calor! campaign demanding “agua, sombra, y descanso”—water, shade, and rest. 

Miami commissioners held in their agenda legislation proposing what would be the nation’s first county-wide heat standard for outdoor workers. 

“The demand of ¡Que Calor! is a step in the right direction for bringing dignity and respect for outdoor workers,” said Pedro Marcos Raymundo, one of the leaders of ¡Que Calor!. “But it’s not only about outdoor workers; it’s a step in the right direction for any and all workers.”

Raymundo is one of more than 200 workers organizing with WeCount!, a coalition of immigrant workers and families advocating for better labor conditions in South Florida. ¡Que Calor! unites workers across the outdoor industries to create solutions to the problems they are facing in the workplace. The heat standard laid out in 14A1 is one such solution. 

The board voted unanimously to pass the first reading of 14A1, which would set a historic precedent for workers nationwide if implemented. The decision would provide much relief to a community of more than 100,000 outdoor workers laboring in industries like landscaping and roofing in Miami’s record-breaking heat. 

A week later, President Joe Biden announced new measures to address extreme temperatures as record-breaking and deadly heat waves sweep the country. A hazard alert was issued for the very industries represented by ¡Que Calor!. 

But the fight is not over. The Miami legislation will now go to the Community Health Committee for a public hearing review on Sept. 11. Meanwhile, ¡Que Calor! workers and sponsors urge the Miami community to show up in support. 

The heat standard contains life-saving measures for outdoor workers. The urgency cannot be matched by bureaucracy, and sadly, two workers in Miami died of heat-related illness earlier this year. 

Biden Admin Issues New Protections for Outdoor Workers Amid Deadly Heat Wave

By Zane McNeill - Truthout, August 1, 2023

The Biden Administration has announced new protections to keep outdoor workers safe from extreme heat, and instructed the Department of Labor to issue a heat hazard alert and increase enforcement of heat-safety violations.

“Millions of Americans are currently experiencing the effects of extreme heat, which is growing in intensity, frequency, and duration due to the climate crisis,” the administration said in a factsheet. “Today’s announcements build on numerous actions that the Biden-Harris Administration has taken to bolster heat response and resilience nationwide.”

Experts have stated that July was likely the hottest month in 120,000 years, prompting United Nations Secretary-General António Guterres to warn that “the era of global boiling has arrived.” In the United States, a summer heat wave in the South has lasted three months and affected more than 55 million people, killing at least a dozen people.

An average of 702 heat-related deaths occur in the United States each year, according to the Centers for Disease Control and Prevention (CDC). Because of the climate crisis, heatwaves have become more frequent and intense.

Texan Activists Thirst for a National Heat Standard to Protect Outdoor Workers

By Colleen DeGuzman - KFF Health News, July 28, 2023

WASHINGTON — Construction workers, airport baggage handlers, letter carriers, and other outdoor workers — many of whom traveled to Washington, D.C., from Texas — gathered at the steps of the Capitol on Tuesday. They were joined by labor organizers and lawmakers for what was billed as “a vigil and thirst strike” to protest a law Texas Gov. Greg Abbott recently signed, which, as a downstream consequence, eliminates mandated water breaks for construction workers.

The Republican governor signed House Bill 2127 — known as the Texas Regulatory Consistency Act but dubbed the “Death Star” by critics — the same month the state saw at least 13 heat-related deaths amid a scorching heat wave that’s on track to break records.

The measure, heavily backed by business and building sectors, was designed to replace “the regulatory patchwork” of county and municipal rules across the state “with a single set of predictable, consistent regulations,” according to a fact sheet circulated by its supporters. That means cities would no longer have the authority to enforce local ordinances related to agriculture, natural resources, finance, and labor; and local protections against extreme heat, such as water break requirements, would be rolled back.

The group of about three dozen people stood in the early-afternoon sun and held signs that read “Working Shouldn’t Be a Death Sentence,” “Water Breaks = Basic Right,” and “People Over Profits,” sweating and squinting. In the nation’s capital, the heat index had already reached 91 degrees. But protesters were focused on the plight of employees working in their even-hotter home state, where the thermostat had been reaching triple digits.

Nation’s largest nurses union stands with Rep. Casar in support of heat protections for all workers

By staff - National Nurses United, July 25, 2023

National Nurses United, the nation’s largest union and professional association of registered nurses, stands in solidarity with Texas workers and U.S. Representative Greg Casar, who stood vigil and went on thirst strike today for Texans affected by Governor Abbott’s recent decision to eliminate water break protections.

Governor Abbott recently signed into law Texas House Bill 2127, which will take effect on September 1, 2023, and restricts cities and counties in Texas from regulating work breaks. The bill overturns specific ordinances in Austin and Dallas that require 10-minute water breaks for workers every four hours.

“I’m on thirst strike today because families across Texas and across America deserve dignity on the job. But Greg Abbott doesn’t think so. During this heat wave, the Governor just signed a law taking away your right to a water break at work. It’s an outrageous attack on Texans – and threatens all workers,” said U.S. Rep. Greg Casar (D-Texas). “The Biden Administration must step in, override Abbott, and ensure heat protections for all Americans in all industries. Our government should work for working people, not for greedy corporations that exploit their workers and fill Abbott’s campaign coffers.” 

Extreme heat is a public health issue. So far this year, two workers have died from heat while on the job in Texas. According to U.S. Bureau of Labor Statistics data, Texas has recorded 42 heat related worker deaths since 2011 – more than any other state.

Two Austin, Texas nurses and members of California Nurses Association/National Nurses Organizing Committee – an affiliate of National Nurses United – were with Rep. Casar to provide basic wellness checks and first aid, if necessary. Their support was part of a deployment with the RN Response Network, a disaster response and humanitarian aid network powered by National Nurses United, founded in the wake of Hurricane Katrina in 2005.

“As registered nurses, we know that it’s essential for workers to have access to water, breaks, and other protective measures that can help shield them from the dangerous effects of heat-related illness, including death,” said NNU President Zenei Triunfo-Cortez, RN. “Common-sense solutions like water break protections are critical to prevent workers from unnecessarily becoming our patients. National Nurses United is proud to stand in solidarity with Representative Casar and workers across Texas in fighting for the health and safety protections required to prevent heat-related illnesses on the job.” 

Dangerous heat waves are becoming more frequent, widespread, and intense due to the climate crisis. In fact, heat kills more people annually in the U.S. than hurricanes, tornados, and flooding. 

“As heat-related hazards grow, the Occupational Safety and Health Administration must move quickly to protect workers, especially low-income workers and people of color who are disproportionately affected by heat illness, injury, and death,” said Triunfo-Cortez

Amid a record heat wave, Texas construction workers lose their right to rest breaks

By Hannah Levitan - NPR, July 21, 2023

A week after construction workers in Austin, Texas, learned they were about to lose their right to rest breaks, the city reached a record-high heat index of 118 degrees. From July 9 to 19, the state capital saw an unprecedented, 11-day streak of temperatures reaching 105 degrees or more.

The Austin-Travis County Emergency Medical Service has responded to 410 heat-related incidents just since June 1, according to a spokesperson, Capt. Christa Stedman. Among them: A middle-aged man, working outdoors, who called for help after experiencing signs of heat exhaustion.

"It progressed so quickly into heat stroke that, between the time he called 911 and the time that the paramedics arrived on scene, he was fully unconscious and his core temperature was over 106," Stedman said.

Construction worker Mario Ontiveros risks the same outcome. Because he works in Dallas, a local ordinance gives him the right to at least a 10-minute rest break every four hours. But this is the last summer he'll get to claim it.

On June 13, Texas Gov. Greg Abbott signed HB 2127 — the Texas Regulatory Consistency Act — which bars cities and counties from passing regulations that are stricter than state ones. It also overturns local rules such as ordinances in Austin and Dallas that mandate rest breaks for construction workers. The law takes effect Sept. 1.

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