Agricultural laborers continue to succumb to heat-related illnesses, two decades after California made promises to safeguard them from such circumstances.
Weak Enforcement of California's Heat Safety Law Puts Farmworkers at Risk
California's landmark heat safety law, enacted in 2005, aimed to protect farmworkers from the harsh conditions of their work environment. The law mandates employers to provide fresh water, shade, heat illness training, and allow workers to take breaks to cool off. However, investigations reveal that many employers still fail to provide these protections, leading to continued heat-related illnesses and deaths among farmworkers.
A significant challenge in enforcing this law is the lax enforcement by Cal/OSHA. From 2017 to 2023, Cal/OSHA field inspections have dropped by 30%, and violations found during inspections have decreased by over 40%, even as heat waves have intensified.
A 2024 state auditor report criticized Cal/OSHA for failing to conduct required on-site inspections of heat-illness complaints and for using improper discretion that hindered enforcement actions. The report also found Cal/OSHA's enforcement procedures outdated and the agency severely understaffed, impairing its ability to protect workers effectively.
Cal/OSHA has acknowledged these enforcement gaps and has formed an Agricultural Enforcement Task Force to specifically address farmworker conditions. However, critics and labor advocates argue that these efforts are insufficient given the continuing risks and the reluctance of vulnerable workers, particularly undocumented ones, to report unsafe conditions due to immigration fears.
At the federal level, OSHA is working on establishing a national heat illness prevention rule, but the process is slow and may take several more years to finalize and implement. In the meantime, labor unions and worker rights groups continue pushing for stronger protections and enforcement both federally and in California.
Assemblywoman Dawn Addis (D-Morro Bay) and Assemblywoman Liz Ortega (D-San Leandro) have introduced proposed laws aimed at making it easier for farmworkers to receive workers' compensation and addressing dangerous and illegal working conditions on many California farms. However, these bills faced opposition from farm interests and were held over at the end of the legislative session.
Teresa Romero, president of the United Farm Workers union, stated that the state's heat illness prevention enforcement system is not working. She emphasized the need for stronger protections and more effective enforcement to ensure farmworkers are reliably protected from heat hazards.
In conclusion, California’s heat safety law is critically important but currently undermined by weak enforcement, resource limitations, and farmworker vulnerabilities. Efforts to improve enforcement include an Agricultural Enforcement Task Force and ongoing advocacy for stronger federal standards, but significant improvements are still needed to ensure farmworkers are reliably protected from heat hazards.
- The California heat safety law, passed in 2005, calls for employers to provide farmworkers with essential protections such as fresh water, shade, heat illness training, and break opportunities.
- Investigations have shown that many employers still fail to adhere to these protections, leading to ongoing heat-related illnesses and deaths among farmworkers.
- Cal/OSHA, the state agency responsible for enforcing the heat safety law, faces criticism for lax enforcement, outdated procedures, and severe understaffing.
- A 2024 state auditor report highlighted Cal/OSHA's failure to conduct required on-site inspections of heat-illness complaints and improper discretion that hindered enforcement actions.
- Critics and labor advocates argue that Cal/OSHA's efforts to address farmworker conditions are insufficient given the continuing risks and the reluctance of vulnerable workers, particularly undocumented ones, to report unsafe conditions due to immigration fears.
- The federal agency OSHA is working towards establishing a national heat illness prevention rule, but the process is slow, with several more years needed before finalization and implementation.
- Advocates of stronger heat safety protections, including Assemblywomen Dawn Addis and Liz Ortega, are pushing for changes in California, with their proposed laws aimed at addressing dangerous working conditions and making it easier for farmworkers to receive workers' compensation, but these efforts have faced opposition from farm interests.
