Wyden, Merkley, Colleagues Announce Legislation to Protect Workers from Extreme Heat
Washington, D.C. — U.S. Senators Ron Wyden and Jeff Merkley, both D-Ore., said today they have joined Senate colleagues in introducing legislation that would implement federal enforceable workplace heat stress protections in Oregon and nationwide.
“As evidenced by this week's high temperatures in Oregon, record-hot weather is here to stay thanks to the growing climate crisis,” Wyden said. “I applaud this legislation that takes common-sense steps to protect workers from preventable hazards like heatstroke. With the ongoing climate crisis driving up temperatures, I will keep battling for more protections for the hard-working Oregonians most exposed to dangerous heat conditions.”
“Climate chaos is creating hotter, longer summers, putting many workers at risk of heat-related health issues on the job. Many Oregonians work outdoors – in our fields, in our forests, and off our shores and protecting them from the dangers of extreme heat is critical,” said Merkley. “The Asunción Valdivia Heat Stress Injury, Illness, and Fatality Prevention Act will provide essential safeguards in the workplace and help save the lives of working Americans.”
The Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act would protect the safety and health of indoor and outdoor workers exposed to dangerous heat conditions in the workplace. The legislation would protect workers against occupational exposure to excessive heat by requiring the Occupational Safety and Health Administration to establish an enforceable federal standard to protect workers in high-heat environments with common-sense 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 bill is named in honor of Asunción Valdivia, who died in 2004 after picking grapes in California 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, 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 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 , can face dangerously high heat conditions all year round.
The bill was led by U.S. Senators Alex Padilla, D-Calif., Edward J. Markey, D-Mass., and Catherine Cortez Masto, D-Nev., and U.S. Representatives Robert C. “Bobby” Scott, D-Va., and Alma Adams, D-N.C. In addition to Wyden and Merkley, the bill is cosponsored by U.S. Senators Angela Alsobrooks, D-Md., Tammy Baldwin, D-Wis., Richard Blumenthal, D-Conn., Lisa Blunt Rochester, D-Del., Cory Booker, D-N.J., John Fetterman, D-Pa., Ruben Gallego, D-Ariz., Kirsten Gillibrand, D-N.Y., Martin Heinrich, D-N.M., Mazie Hirono, D-Hawaii, Mark Kelly, D-Ariz., Ben Ray Luján, D-N.M., Patty Murray, D-Wash., Jack Reed, D-R.I., Bernie Sanders, I-Vt., Brian Schatz, D-Hawaii, Adam Schiff, D-Calif., Chris Van Hollen, D-Md., Elizabeth Warren, D-Mass., Peter Welch, D-Vt., and Sheldon Whitehouse, D-R.I.
The Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act has the support of a broad coalition of more than 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.”
“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 full text of the bill is here.
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