Last summer, the United States took a crucial step towards protecting millions of workers across the country from the impacts of extreme heat on the job. In July 2024, the Occupational Safety and Health Administration, or OSHA, published its first-ever draft rule to prevent heat illness in the U.S. workforce. Among other things, the proposed regulation would require employers to provide access to water, shade, and paid breaks during heat waves — which are becoming increasingly common due to human-caused climate change. A senior White House official at the time called the provisions “common sense.”
Before the Biden administration could finalize the rule, Donald Trump was re-elected president, ushering in another era of deregulation. Earlier this month, the Trump administration announced plans to revise or repeal 63 workplace regulations that Labor Secretary Lori Chavez-DeRemer said “stifle growth and limit opportunity.”
OSHA’s heat stress rule wasn’t among them. And though the new administration has the power to withdraw the draft regulation, it hasn’t. Instead, OSHA has continued to move it forward: The agency is currently in the middle of soliciting input from the general public about the proposed policy. Some labor experts say this process, typically bureaucratic and onerous even in the absence of political interference, is moving along faster than expected — perhaps a sign that civil servants at OSHA feel a true sense of urgency to protect vulnerable workers from heat stress as yearly temperatures set record after record.
But labor advocacy groups focused on workers along the food supply chain — many of whom work outside, like farmworkers, or in poorly ventilated spaces, like warehouse and meat processing facilities — say workers have waited too long for basic live-saving protections. Earlier this month, Senator Alex Padilla and Congresswoman Judy Chu, both from California, re-introduced a bill to Congress that, if passed, would direct OSHA to enact a federal heat standard for workers swiftly.
It’s a largely symbolic move, as the rule-making process is already underway, and the legislation is unlikely to advance in a Republican-controlled Congress. But the bill signals Democratic lawmakers are watching closely and urgently expect a final rule four years after OSHA first began drafting its proposed rule. The message is clear: However fast OSHA is moving, it hasn’t been enough to protect workers from the worst impacts of climate change.
“Since OSHA started its heat-stress rulemaking in 2021, over 144 lives have been lost to heat-related hazards,” said Padilla in a statement emailed to Grist. “We know how to prevent heat-related illnesses to ensure that these family members are able to come home at the end of their shift.”
The lawmaker added that the issue is “a matter of life or death.”
Heat is the deadliest form of extreme weather, according to the World Health Organization. In the U.S., the Environmental Protection Agency estimates that 986 workers died from heat exposure on the job from 1992 to 2022, or about 34 per year.
This is very likely an undercount. Prolonged heat exposure can exacerbate underlying health problems like cardiovascular issues, making it difficult for medical professionals to discern when illness and death is attributable to extreme heat. As heat-trapping greenhouse gas emissions continue to push global temperatures higher, experts expect heat-related illnesses and deaths to follow.
The life-threatening impacts of exposure to extreme heat in the workplace have been on the federal government’s radar for more than 50 years. Labor unions and farmworkers have long pushed for federal and local heat standards. In 2006, California became the first state to enact its own heat protections for outdoor workers, after an investigation by the state’s Division of Occupational Safety and Health found 46 cases of heat-related illnesses the year prior. Legislative efforts to protect workers or nudge OSHA along often follow or name farmworkers who died from heat stress. Padilla and Chu’s bill from this year is named after Asunción Valdivia, a 53-year-old who died in California in 2004 after picking grapes for 10 hours straight in 105 degree Fahrenheit heat.
OSHA’s proposed heat standard would require employers to establish plans to avoid and monitor for signs of heat illness and to help new hires acclimate to working in high heat. “That should be implemented yesterday,” said Nichelle Harriott, policy director of HEAL Food Alliance, a national coalition of food and farmworkers. “There really is no cause for this to be taking as long as it has.”
In late June and early July, OSHA held virtual hearings in which it heard testimony from people both for and against a federal heat standard. According to Anastasia Christman, a senior policy analyst from the National Employment Law Project who attended the hearings, employees from the agency seemed engaged and asked substantive questions. “It was very informative,” she said. OSHA didn’t respond to Grist’s request for comment.
As written, OSHA’s proposed heat rule would apply to about 36 million workers in the U.S. Christman noted that sedentary workers — those who sit for most of the work day — are currently excluded from the federal standard. Ironically, at one point during the agency’s hearings, participants had to take an unscheduled break after the air conditioning stopped working in the Department of Labor building where OSHA staff were sitting. The scorching heat has forced workers to evacuate their workstations, as it was too hot to even sit there and participate in a Zoom call. According to Christman, if sedentary workers were non-exempt, the number of U.S. workers covered by the rule would nearly double to 66 million.
Christman noted that OSHA is making relatively swift progress on the issue, considering the usual pace of the organization. However, she also mentioned that even in an optimistic scenario, it would take another 12 to 14 months for the regulations to be implemented. Following this, OSHA would provide guidance for employers on compliance with the regulation and address any legal challenges to the final rule, a process that could take between two to four years.
Unfortunately, for many farmworkers and workers along the food supply chain, this timeline is too long to wait. Oscar Londoño, co-executive director of WeCount, highlighted the urgent need for federal heat standards that have been long overdue. WeCount has been leading campaigns to raise awareness about the impact of extreme heat on outdoor workers, particularly in sectors like plant nurseries. Some agricultural workers have expressed that this summer feels like the hottest they have ever experienced.
While appreciative of lawmakers like Padilla and Chu who are taking steps to protect workers with bills like these, Londoño expressed skepticism about OSHA’s ability to enforce heat stress regulations, especially in the agricultural industry. He pointed out that there are already employers across the country who are violating existing laws, and simply adding new regulations doesn’t guarantee protection for workers.
WeCount’s efforts are further complicated by Florida’s laws that limit the ability of local governments to enforce heat standards. Despite these challenges, the organization is working on campaigns like Planting Justice to educate consumers about the harsh working conditions faced by plant nursery workers who supply indoor houseplants. The goal is to eventually bring these concerns to major retailers like Home Depot and Lowes, similar to successful advocacy efforts in other agricultural sectors.
Londoño emphasized the importance of ensuring the safety and well-being of workers on a daily basis, regardless of whether OSHA implements its own heat standard. Worker-led organizing will continue to push for these protections and advocate for the rights of workers in industries where extreme heat poses a significant risk. The COVID-19 pandemic has brought about significant changes across the globe, affecting individuals, businesses, and communities in ways that were previously unimaginable. As the world continues to grapple with the challenges posed by this unprecedented crisis, it has become increasingly clear that the way we live, work, and interact with one another will never be the same again.
One of the most profound impacts of the pandemic has been on the way we work. With lockdowns and social distancing measures in place, many businesses were forced to close their physical offices and transition to remote work arrangements. This shift to remote work has fundamentally altered the way we approach work and has forced both employees and employers to adapt to a new way of doing business.
Remote work has its benefits, including increased flexibility and the ability to work from anywhere. However, it also presents its own set of challenges, such as feelings of isolation, difficulties in communication and collaboration, and blurred boundaries between work and personal life. As a result, many employees have reported feeling burnt out and overwhelmed by the demands of remote work.
In response to these challenges, businesses have had to rethink their approach to work and implement new strategies to support their employees. This has included investing in technology to enable better communication and collaboration, providing mental health resources and support, and implementing flexible work schedules to help employees balance their work and personal responsibilities.
The pandemic has also highlighted the importance of prioritizing employee well-being and mental health. As the boundaries between work and personal life have become increasingly blurred, many employees have struggled to disconnect from work and take care of their mental health. This has led to an increase in stress, anxiety, and burnout among workers, prompting employers to take action to support their employees’ mental health.
In addition to supporting their employees, businesses have also had to adapt their operations to the new reality of the pandemic. This has included implementing new health and safety protocols to protect employees and customers, transitioning to online sales and services, and rethinking their business models to ensure their survival in a post-pandemic world.
Overall, the COVID-19 pandemic has been a wake-up call for businesses and individuals alike, forcing us to reevaluate our priorities, adapt to new ways of working, and prioritize the well-being of ourselves and others. As we continue to navigate the challenges of the pandemic, it is clear that the way we work and interact with one another will never be the same again, and it is up to all of us to rise to the occasion and build a better, more resilient future.
