Governor Gavin Newsom has vetoed a bill that aims to make it easier for farmers to make workers’ compensation claims for heat illness.
SB 1299 would change the burden of proof in workers’ compensation claims when agricultural workers suffer heat-related injuries after working outside for employers who do not meet state heat safety standards. Instead of the farm worker having to prove that the injury occurred on the job, as is usually the case in workers’ compensation cases, it would be the employer’s responsibility to prove that the illness was unrelated.
According to the bill’s provisions, if employers do not comply with the rules, heat-related injuries to employees will be “deemed to arise out of and in the course of employment.” It would create a “rebuttable presumption,” which is more commonly used for law enforcement officers and firefighters who suffer certain injuries that may arise from risks inherent in their jobs.
In his veto message issued Saturday, Newsom said he has “no doubt” that California farmworkers need strong protections from the risk of heat-related illness, especially as climate change causes extreme temperature increases.
“However, creating a presumption of heat illness in the workers’ compensation system is not an effective way to accomplish that goal,” he said. Newsom said heat safety rules are now enforced by the California Division of Occupational Safety and Health, known as Cal/OSHA, which is better able to enforce worker protections.
Newsom also noted that Cal/OSHA created an agricultural unit that specializes in worker protection and hazards found in the agricultural workplace, and opened new district office locations in Fresno, Santa Barbara and Riverside.
“This dedicated unit will increase Cal/OSHA’s reach to the farmworker community in the Central Valley, which is home to the largest number of farmworkers and their families,” Newsom said.
The legislation was enacted because many farmworkers continue to work in unsafe conditions and Cal/OSHA faces a severe labor shortage. interfere with his abilities to implement heat regulations for outdoor workers.
First implemented in 2005, the state heat illness prevention rules require employers to provide outdoor workers with fresh water, access to shade at 80 degrees and warmer, and cool-down breaks whenever workers request. Employers should also maintain a heat illness prevention plan with effective training for supervisors to recognize the signs and symptoms of heat illness.
But nearly two decades after the rules were first implemented, ensuring compliance remains a challenge.
In 2009 and 2012, the United Farm Workers sued Cal/OSHA, accusing the agency of failing to enforce the regulations.
A 2022 study by the UC Merced Center for Community and Workforce found many farmworkers are still working without protection. Of the more than 1,200 workers surveyed, 43% reported their employers did not provide a heat illness prevention plan and 15% said they did not receive heat illness prevention training.
The author of the bill, Sen. Dave Cortese (D-San José), previously described SB 1299 as a “creative work” that “takes the tools that are available and tries to put together an approach that will hopefully encourage more compliance.”
“Employers hate the idea of ​​workers’ comp, so I think we can do it,” Cortese previously told The Times. “The avoidance factor is so high with them that they’re going to say, ‘Oh my God, it’s easier for us to provide shade and water than to have to deal with a quick worker’s comp claim.'”
“We are trying to take something that they see as a kind of thorn in the side and use it as a disincentive for the kind of behavior we are seeing,” he said.
The UFW supports SB 1299.
“Despite the Governor’s veto of SB 1299, the UFW will continue to work to save the lives of farmworkers,” UFW President Teresa Romero said in a statement Friday.
Opponents of the bill, including the California Chamber of Commerce and the California Farm Bureau, recognize the importance of protecting farm workers from heat illness, but have argued the problem should not be handled through the workers’ compensation system.
This article is part of The Times’ equity reporting initiative, funded by The James Irvine Foundationexplores the challenges low-income workers face and the efforts they make part of California’s economy.
