January 4, 2025 – Farmworker Protections: Governor Gavin Newsom recently vetoed Senate Bill 1299 at the end of September, sparking widespread concern, particularly among advocates for stronger protections for farmworkers against the escalating dangers of extreme heat. Democratic Senator Dave Cortese authored the bill. It was supported by the California Applicants’ Attorneys Association (CAAA) to establish a presumption that heat-related injuries in farmworkers were work-related when employers did not comply with Cal/OSHA heat safety standards. By holding noncompliant employers accountable, the legislation sought to strengthen the connection between regulatory enforcement and the Workers’ Compensation system, thus providing farmworkers with a more straightforward path to claim benefits.
The Critical Need for Enhanced Farmworker Protections
Farmworkers face heightened vulnerability to heat-related illnesses, a risk exacerbated by climate change. The National Institutes of Health reports that farmworkers are 35 times more likely to succumb to heat stress compared to workers in other industries. Despite regulations mandating that employers provide water, shade, and rest breaks, violations are widespread within the agricultural sector. Legislative analysis revealed that Cal/OSHA found violations in nearly half of the heat-related inspections conducted in 2019.
Supporters of SB 1299, including the United Farm Workers (UFW), emphasized the widening gap between existing heat safety regulations and their enforcement. With Cal/OSHA’s inspection capacity decreasing by 30% in recent years, farmworkers have become increasingly exposed to risk. This makes the proposed presumption a crucial safeguard for their health and safety.
Implications of the Governor’s Veto on Workers’ Compensation
Governor Newsom’s veto of SB 1299 underscores a differing perspective on how workplace safety and Workers’ Compensation should intersect. In his veto message, Newsom expressed concerns about linking the presumption of heat-related injuries in Workers’ Compensation claims to an employer’s compliance with Cal/OSHA standards. He argued that Workers’ Compensation is not the appropriate mechanism for enforcing workplace safety regulations.
While the governor’s position emphasizes maintaining enforcement within Cal/OSHA’s jurisdiction, many employers fail to comply with heat safety regulations, despite their existence. Consequently, current regulatory measures may fall short in fully protecting farmworkers from heat-related illnesses.
Vetoing the bill removed a potential tool to promote stricter adherence to heat safety rules. SB 1299 would have shifted the burden onto noncompliant employers by presuming that heat-related injury claims were work-related unless the employer could demonstrate compliance with safety standards. Similar presumptions already exist within Workers’ Compensation for other professions, such as firefighters, who are presumed to develop certain conditions, like cancer, due to workplace hazards.
A Missed Chance to Strengthen Farmworker Protections
Newsom’s veto misses an opportunity to address the unique risks faced by farmworkers, a group already susceptible to heat-related illnesses. Although the governor mentioned other initiatives to address heat safety—such as convening an advisory committee to study heat-related injuries and creating a new agricultural unit within Cal/OSHA—these efforts do not tackle the immediate need for stronger worker protections within the Workers’ Compensation system.
For farmworkers, the message is clear: their health and safety remain dependent on an under-resourced enforcement system, leaving them vulnerable to the increasing threats posed by extreme heat. The fight for worker protections continues, but the urgency for reform within California’s Workers’ Compensation system has never been greater.
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