When cities in the Northwest experienced record-breaking temperatures in 2021, dangerous working conditions ensued. Lifeguards in Portland, Oregon, got sick from the heat, airline crews in Seattle needed rest breaks in “cool down” vans, and Amazon workers in a Washington warehouse reported indoor temperatures of 90 degrees. Restaurant employees in at least three states walked off the job over hot conditions.
Heat is a Leading Killer
Excessive heat has been the leading weather-related killer in America for 30 years. Heat stress killed 815 U.S. workers and seriously injured more than 70,000 from 1992 through 2017, according to the Bureau of Labor Statistics. In 2021, a farmworker in Oregon died while moving irrigation equipment on a day when temperatures reached 104 degrees. As of June 2021, more than half of farmworkers in Washington state reported experiencing a symptom of heat illness while working, according to a survey by the United Farm Workers Foundation.
No Federal Heat Standard
Agricultural and construction workers are among the most at risk, but dangerously hot days are becoming the new normal for more industries. The Occupational Safety and Health Administration (OSHA) gives workers the right to refuse dangerous work if there is a clear risk of death or serious physical harm. However, if an employer fires them, workers must win a retaliation case to be reinstated or recover wages. Since 1972, the National Institute for Occupational Safety and Health has recommended standards for occupational heat exposure, including acclimatization plans, water, and rest breaks in shaded or air-conditioned areas. OSHA has not adopted a specific heat standard, relying instead on a general duty clause requiring workplaces free from recognized hazards.
David Michaels, former OSHA head under the Obama administration, said the agency typically uses the general duty clause after someone becomes sick or dies. “What that often means is that the citations are issued long after the heat has passed, so the citation has very little impact on other employers,” he told HuffPost. He added that if OSHA had a heat standard, the process could take days. Jessica Martinez, co-executive director of the National Council for Occupational Safety and Health, said, “This is not a complicated hazard. It’s very basic. It’s rest, shade and water.”
State Laws and Federal Proposals
Only a few states, including Washington, Minnesota, and California, have specific laws governing occupational heat exposure. In California, workers must have access to nearby shade when temperatures exceed 80 degrees Fahrenheit, while Washington does not have rest or shade requirements. The Asuncion Valdivia Heat Illness and Fatality Prevention Act, introduced by Democratic members of Congress in spring 2021, would set a two-year deadline for OSHA to create a heat standard. It has not passed.
Collective Action and Resources
Workers can team up with co-workers to demand changes such as rest, air conditioning, and water on high-heat days. The National Labor Relations Act guarantees the right to engage in protected concerted activity. In 2021, Jack in the Box workers in Sacramento, California, walked off the job after a broken air conditioner on a 109-degree day. Martinez recommends vulnerable workers present demands as a group to protect against retaliation. “Gather your co-workers and talk to your employers about what your demands are. ‘We want rest, we want shade, we want water,’” she said. Michaels recommended OSHA’s heat index app for tracking risk levels. For farmworkers historically excluded from NLRA protections, identifying heat illness is key. Leydy Rangel of the United Farm Workers Foundation said, “Making sure you’re keeping an eye on your co-workers, talking amongst each other as colleagues can even prevent heat illness. And, most importantly, take your breaks and if you feel sick, make sure you stop and rest.”
