Governor Gavin Newsom’s recent veto of Senate Bill 1299 at the end of September has sparked widespread concern, particularly among those advocating for stronger protections for farmworkers facing the increasing dangers of extreme heat. The bill, authored by Democratic Senator Dave Cortese and supported by the California Applicants’ Attorneys Association (CAAA), aimed to create a presumption that heat-related injuries in farmworkers were work-related if employers failed to comply with Cal/OSHA heat safety standards. By holding noncompliant employers accountable, the legislation sought to strengthen the link between regulatory enforcement and the Workers’ Compensation system, providing farmworkers with a more accessible path to claim benefits.
The Need for Stronger Protections for Farmworkers
Farmworkers are particularly vulnerable to heat-related illnesses, a risk exacerbated by climate change. According to the National Institutes of Health, farmworkers are 35 times more likely to die from heat stress compared to workers in other industries (1). Despite regulations requiring employers to provide water, shade, and rest breaks, violations are rampant across the agricultural sector. Legislative analysis showed that Cal/OSHA found violations in nearly half of the heat-related inspections conducted in 2019.
Supporters of SB 1299, including the United Farm Workers (UFW), highlighted the growing disconnect between existing heat safety regulations and their enforcement. With a decrease in Cal/OSHA’s capacity to conduct inspections—down 30% in recent years—farmworkers have been left at greater risk, making the proposed presumption a critical safeguard for their health and safety.
The Governor’s Veto and Its Implications for Workers’ Compensation
Governor Newsom’s veto of SB 1299 reflects a difference in how workplace safety and Workers’ Compensation should be addressed. In his veto message, Newsom raised concerns about linking the presumption of heat-related injuries in Workers’ Compensation claims to an employer’s compliance with Cal/OSHA standards, stating that Workers’ Compensation is not the appropriate avenue for enforcing workplace safety regulations.
While the governor’s stance emphasizes that enforcement should remain within Cal/OSHA’s purview, many employers do not always comply with heat safety regulations, despite these standards being in place. As a result, existing regulatory measures may not fully protect farmworkers from the dangers of heat-related illnesses.
By vetoing the bill, a potential tool to encourage stricter adherence to heat safety rules was removed. SB 1299 would have shifted the responsibility to noncompliant employers by presuming that heat-related injury claims were work-related unless the employer could demonstrate compliance with safety regulations. Similar presumptions exist in Workers’ Compensation for other professions, such as firefighters, who are presumed to have developed certain conditions, like cancer, due to workplace hazards.
A Missed Opportunity in Protecting Farmworkers
Newsom’s veto represents a missed opportunity to address the unique risks faced by farmworkers, a population already vulnerable to heat-related illnesses. While the governor cited other initiatives to address heat safety, including convening an advisory committee to study heat-related injuries and creating a new agricultural unit within Cal/OSHA, these efforts do not address the immediate need for stronger worker protections within the Workers’ Compensation system.
For farmworkers, the message is clear: their health and safety are still contingent upon an under-resourced enforcement system, leaving them vulnerable to the rising dangers posed by extreme heat. The battle for worker protections continues, but the need for reform within California’s Workers’ Compensation system is more urgent than ever.
Resources:
- El Khayat M, Halwani DA, Hneiny L, Alameddine I, Haidar MA, Habib RR. Impacts of Climate Change and Heat Stress on Farmworkers’ Health: A Scoping Review. Front Public Health. 2022 Feb 8;10:782811. doi: 10.3389/fpubh.2022.782811. PMID: 35211437; PMCID: PMC8861180.