By Lulit Shewan

As relentless summer temperatures soar to unprecedented levels, millions of workers are forced to confront the intense heat every day in their jobs. This summer has set new records for both the duration and intensity of heatwaves, creating dangerous conditions in fields, factories, and construction sites. The impact of extreme weather is acutely felt in these environments, where the increasing neglect of workers’ conditions exacerbates the risks they face.

The Biden-Harris Administration’s proposed rule to address excessive heat in the workplace is essential, marking the first nationwide standard for addressing the hazards of excessive heat in the workplace. If finalized, this rule would impact an estimated 36 million U.S. workers by requiring employers to identify heat hazards; develop emergency response plans; train employees and supervisors; and provide rest breaks, shade, water, and heat acclimatization. While these measures are crucial, they represent the basic protections that every worker deserves and are just a foundational step. Comprehensive and enforceable worker safety regulations must be implemented across the country.

The South, with its high concentration of blue-collar workers—around 40 percent of the workforce—faces even greater challenges. The region not only has a significant share of construction activity but also suffers from weak labor organizing and a lack of union presence, which limits worker protections and power. This combination intensifies the risks, such as heat exhaustion and dehydration leading to dizziness and increased likelihood of accidents, including falls from ladders or scaffolding. Additionally, farmworkers in the South endure disproportionately high rates of heat-related illnesses and deaths. Their work, which involves tilling the soil and harvesting crops, exposes them to extreme heat without adequate protections. 

Delivery and landscaping workers face similar challenges. The sweltering heat puts a strain on their bodies, increasing the likelihood of heat exhaustion, dehydration, and other heat-related health issues. Even indoor workers in warehouses, factories, and kitchens aren’t immune. Poorly ventilated spaces can become ovens during heatwaves, affecting productivity and overall well-being.

Yet even as the administration pushes its proposed rule forward, some states have taken regressive stances that undermine these federal efforts.

Florida Governor Ron DeSantis signed a contentious law that significantly inhibits heat protection for outdoor workers, barring municipalities from enacting crucial safeguards like required rest breaks, access to water, and shade. Florida law now prevents local governments from imposing heat-exposure protections on businesses, meaning municipalities can no longer mandate essential safeguards for workers in extreme temperatures. 

Texas, also known for its unforgiving climate and reliance on industries like oil, agriculture, and construction, faces comparable challenges. In the past, cities like Austin and Dallas took steps to protect outdoor workers by creating ordinances requiring employers to provide paid water breaks. However, these local efforts were curtailed by a preemption law signed by Texas Governor Greg Abbott last year, blocking local jurisdictions from implementing rules related to heat protections. Such laws bolster corporate interests of profit maximization over worker well-being, leaving vulnerable populations—including older workers, those with health conditions, and marginalized laborers—at heightened risk.

Behind the scenes, corporations and their policymaking counterparts wield substantial influence over legislative processes, often stifling progress on heat protection laws. Companies frequently argue that such regulations impose burdens on businesses, potentially hindering economic growth. However, this perspective overlooks the significant toll on workers who endure extreme temperatures to construct our infrastructure, produce our food, and maintain economic activity. The prioritization of corporate interests and profit maximization highlights a troubling imbalance where corporate greed undermines essential protections for those who contribute fundamentally to our economy.

While existing Occupational Safety and Health Administration (OSHA) guidelines cover worker safety, they are not yet legally binding without a formal rule, leaving workers vulnerable. In Florida’s scorching heat, workers endure grueling conditions, frequently going without water or breaks, fearing repercussions if they pause work. This concern can be especially pronounced for gig workers and employees paid low wages.

California and Washington have set commendable standards in safeguarding workers from extreme heat, providing models that other states and federal legislators can emulate. California law mandates rest breaks, access to shade, and sufficient hydration for outdoor workers, recognizing these as essential components of worker safety rather than optional benefits. State regulations require employers to implement a heat illness prevention plan that includes emergency response procedures and acclimatization methods for new and returning workers, ensuring they can adjust to working in the heat gradually. Washington extends its heat safety measures to both indoor and outdoor workers, emphasizing the importance of hydration and rest breaks. The state’s comprehensive standards mandate that employers provide cool-down rest periods when temperatures reach specific thresholds and ensure that workers have access to sufficient water and shaded areas.

These state laws have been influential in shaping federal proposals, including the current administration’s proposed OSHA rule to address excessive heat in the workplace that aims to standardize heat protections nationwide. While this is a critical start to developing robust workplace heat standards, finalizing a rule typically takes six to eight years. This extended timeline means workers currently facing extreme heat may not receive the protections they need. To address this gap, it is crucial to pursue immediate legislative measures alongside the ongoing regulatory process to ensure that all workers receive necessary heat safeguards without further delay.