Rep. Grijalva Joins Brown, Padilla, Cortez Masto, Chu, Scott, and Adams to Introduce Heat Stress Legislation to Protect Farm Workers

Press Release

Today, at the start of National Farmworkers Week (March 25-31) Rep. Raúl M. Grijalva joined U.S. Sens. Sherrod Brown (D-OH), Alex Padilla (D-CA) and Catherine Cortez Masto (D-NV) and Representatives Rep. Judy Chu (D-CA), Bobby Scott (D-VA), and Alma Adams (D-NC) and announced legislation to ensure the safety and health of workers who are exposed to dangerous heat conditions in the workplace. The bill, the Asunción Valdivia Heat Illness and Fatality Prevention Act, is named in honor of Asunción Valdivia who died in 2004 after picking grapes for ten hours straight in 105-degree temperatures. Mr. Valdivia fell unconscious and instead of calling an ambulance, his employer told Mr. Valdivia's son to drive his father home. On his way home, he died of heat stroke at the age of 53. Mr. Valdivia's death was completely preventable, yet his story is not unique.

"As climate change brings scorching heat temperatures to Southern Arizona and other places across the country, it's negatively impacting our workforce and more often creating conditions that can prove fatal," said Rep. Raúl M. Grijalva. "A federal OSHA standard for heat stress is necessary to protect our workers and limit their exposure to excessive heat in both indoor and outdoor environments. Climate change is no longer a theoretical threat, and lack of aggressive action to address it has made a standard to protect our workers absolutely urgent."

"Protecting workers from heat stress is essential, particularly as global temperatures continue to rise and extreme weather conditions become more common," said Senator Brown. "Every worker deserves a safe work environment, and this legislation is an important step toward creating national standards and protections that will keep workers safe on the job as the risks of heat stress increase."

"Workers in California and across the country are too often exposed to dangerous heat conditions in the workplace. In the past year, Californians have faced extreme heat temperatures from wildfires, while trying to navigate the unique challenges of the COVID-19 pandemic -- risking the health and safety of our workers," said Senator Padilla. "This vital legislation will hold employers accountable and ensure workplace protections are put in place to prevent further heat stress illnesses and deaths from happening."

"Every worker deserves the right to a safe workplace free of harm and risk to their health, and it's our job to make sure they are protected," said Senator Cortez Masto. "Whether it's in the kitchen or on a farm, heat-related illness is a severe and dangerous condition, and this bill would help keep workers safe regardless of their occupation. With rising temperatures, there is no time to delay action, and I'll continue working with my colleagues to prioritize the health and safety of our workers and get this done."

"I will never forget Asuncion Valdivia or how his tragic death could have been avoided," said Rep. Chu. "Whether on a farm, driving a truck, or working in a warehouse, workers like Asuncion keep our country running while enduring some of the most difficult conditions, often without access to water or rest. According to a 2015 study by OSHA, this has led to 37 work-related deaths and thousands of injuries and illnesses. And it has only gotten worse as climate change has led to dangerously high temperatures in parts of the country not accustomed to high heat. Every worker deserves to be protected from preventable death, and we know that requiring breaks, shade, and water can save lives. I'm proud to once again reintroduce this important bill to support the workers who support our country."

"This year marks the 50th anniversary of the Occupational Safety and Health Administration and workers in this country still have no legal protection against one of the oldest, most serious and most common workplace hazards: excessive heat," said House Committee on Education and Labor Chairman, Bobby Scott. "Heat illness affects workers in our nation's fields, warehouses, and factories, and climate change is making the problem more severe every year. This legislation will require OSHA to issue a heat standard on a much faster track than the normal OSHA regulatory process. Workers deserve no less."

"The National Institute for Occupational Safety and Health (NIOSH) recommends a workplace safety standard "to protect the health of workers exposed to heat and hot environments.' However, most states, including the State of North Carolina, have not taken action on this. A nationwide standard is vitally important to the health and safety of workers in my state and across the country," said Rep. Adams, Chairwoman of the Workforce Protections Subcommittee. "OSHA must protect workers from the strain and potentially fatal effects of heat on the job."

"Farmworkers are working every day in extreme conditions, including extreme heat in order to put food on our tables," said Congressional Hispanic Caucus Chair Dr. Raul Ruiz. "Latino workers are disproportionately represented in frontline occupations and many are exposed to dangerous heat conditions that can be fatal. This legislation will help safe lives by ensuring basic protections from extreme heat such as the right to water, shade, and rest breaks. Throughout the COVID-19 pandemic, we have desperately needed a stable workforce for our food supply chain. Farmworkers are some of the highest risk workers and are dying to feed America so that we can stay healthy, fed, and beat the virus. We must honor the work of these high-risk workers and protect our food supply chain by protecting farmworkers and ensuring their safety on the job."

Heat-related illnesses can cause heat cramps, organ damage, heat exhaustion, stroke, and even death. Between 1992 and 2017, heat stress injuries killed 815 U.S. workers and seriously injured more than 70,000. Climate change is making the problem worse. According to the National Oceanic and Atmospheric Administration, the last seven years have been the hottest on record, with 2020 coming in only second to 2016. Farmworkers and construction workers suffer the highest incidence of heat illness. And no matter what the weather is outside, workers in factories, commercial kitchens, and other workplaces, including ones where workers must wear personal protective equipment (PPE), can face dangerously high heat conditions all year round.

The Asunción Valdivia Heat Illness and Fatality Prevention Act will protect workers against occupational exposure to excessive heat by:

Requiring the Occupational Safety and Health Administration (OSHA) to establish an enforceable standard to protect workers in high-heat environments with measures like paid breaks in cool spaces, access to water, limitations on time exposed to heat, and emergency response for workers with heat-related illness; and
Directing employers to provide training for their employees on the risk factors that can lead to heat illness, and guidance on the proper procedures for responding to symptoms.
The Asunción Valdivia Heat Illness and Fatality Prevention Act has the support of a broad coalition of groups including: United Farm Workers of America, United Farm Worker Foundation, Public Citizen, Farmworker Justice, AFL-CIO, American Public Health Association, Earthjustice, International Brotherhood of Teamsters, Migrant Clinicians Network, Migrant Legal Action Program, National Employment Law Project, Natural Resources Defense Council, SEIU, Sierra Club, Union of Concerned Scientists, UNITE HERE!, United Food & Commercial Workers International Union, and Workers Defense Project, United Steelworkers (USW), Communication Workers of America, and the United Auto Workers