Baldwin, Colleagues Introduce Bill to Protect Workers from Extreme Heat

WASHINGTON, D.C. – On the heels of a heat advisory issued this week and extreme heat conditions rising across Wisconsin, U.S. Senator Tammy Baldwin (D-WI) joined her colleagues in introducing the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act, legislation to protect the safety and health of workers who are exposed to dangerous heat conditions in the workplace.

“Far too many of our workers are being pushed to the brink in dangerous heat conditions – it’s wrong, and they deserve the dignity to be protected,” said Senator Baldwin. “As we continue to face record-breaking heat waves, we have to stand up for these workers and give them the protections that they need and deserve – and I am proud to work with my colleagues to introduce this bill that will do just that.”

The legislation would protect workers against occupational exposure to excessive heat by requiring the Occupational Safety and Health Administration (OSHA) to establish an enforceable federal standard to protect workers in high-heat environments with commonsense 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. The bill also directs 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 legislation is named in honor of Asunción Valdivia, who died in 2004 after picking grapes for 10 hours straight in 105-degree temperatures. Mr. Valdivia fell unconscious, but 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.

According to the National Oceanic and Atmospheric Administration (NOAA), 2024 was the warmest year on record for the United States. The past decade, including 2024, was the hottest on record, marking a decade of extreme heat that will only get worse. 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. The Washington Center for Equitable Growth estimates hot temperatures caused at least 360,000 workplace injuries in California from 2001 to 2018, or about 20,000 injuries a year. The failure to implement simple heat safety measures costs U.S. employers nearly $100 billion every year in lost productivity.

From 2011-2020, heat exposure killed at least 400 workers and caused nearly 34,000 injuries and illnesses resulting in days away from work; both are likely vast underestimates. Farm workers 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.

A new analysis by the nonprofit group Climate Central finds extreme heat streaks are becoming more common across the state. In Wisconsin, the city of Milwaukee has warmed 3.4 degrees in the last 55 years and other cities like Wausau, Green Bay, Madison, La Crosse and Eau Claire have seen temperatures increase between 1.6 to 2.8 degrees during the same timeframe.

The Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act has the support of a broad coalition of over 250 groups, including: Rural Coalition, International Brotherhood of Teamsters, AFL-CIO, UNITE HERE!, Communication Workers of America, Alianza Nacional de Campesinas, Sierra Club, United Farm Workers, Farmworker Justice, Public Citizen, International Union of Bricklayers and Allied Craftworkers, United Food and Commercial Workers International Union, Union of Concerned Scientists, United Steelworkers, National Resources Defense Council, American Lung Association, and Health Partnerships.

“Every worker safety rule in America is written in blood,” said UFW President Teresa Romero. “The UFW has been fighting for heat safety protections for decades. Over 20 years later, Asuncion Valdivia’s death still hurts. There are so many other farm workers — many whose names we do not know — who have also been killed by extreme heat on the job in the years since. Enough is enough. Every farm worker deserves access to water, shade, and paid rest breaks — it’s past time for Congress get this done.”

“For the Steelworkers Union, we represent workers in manufacturing settings and in a host of other areas where not only is it hot outside, but the areas that they work around are as hot as up to 3,000 degrees and they must wear protective equipment. The Asunción Valdivia Heat, Illness, Injury, and Fatality Prevention Act is important because it will provide a basic standard for not just outdoor, but indoor workplaces as well to ensure that there is proper rest breaks and the ability to stay cool. The Steelworkers are absolutely supportive of this bill and are going to work with Republicans and Democrats to ensure that heat illness is the last thing a worker should worry about,” said Roy Houseman, Legislative Director of United Steelworkers.

“Everyone deserves safe working conditions, but powerful corporations have not done enough to protect their workers from hot working environments, exacerbated by the climate crisis,” said Liz Shuler, President of the AFL-CIO. “Extreme heat is increasingly causing indoor and outdoor workers to collapse or even die on the job, and our union family has already lost too many members to preventable, work-related heat illness. The Occupational Safety and Health Administration (OSHA) must issue a strong heat rule, not a weak one, to ensure workers have specific protections they need and to be able to raise unsafe working conditions without fear of retaliation.”

“It’s long past time for meaningful legislation to protect Teamsters and other workers from the effects of prolonged heat exposure and dangerous heat levels while at work,” said Teamsters General President Sean M. O’Brien. “Paid breaks in cool spaces, access to water, and limitations on time exposed to heat are simple common sense steps that should be mandated immediately. Waiting to implement these measures is unacceptable and will result in the further loss of lives.”

The legislation is led by Senators Alex Padilla (D-CA), Ed Markey (D-MA), and Catherine Cortez Masto (D-NV), and co-sponsored by 21 of their Senate colleagues.

Full text of the legislation is here. 

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