Gov. Gavin Newsom vetoed a bill aimed at making it easier for farm workers to file workers' compensation claims for heat illness.
SB 1299 would change the burden of proof in workers' compensation claims if a farm worker develops a heat-related injury after working outdoors for an employer that does not comply with state heat safety standards. Probably. Rather than the farm worker having to prove that the injury occurred on the job, as is often the case in workers' compensation cases, it is up to the employer to prove that the illness was not work-related. It should have been my responsibility.
According to the bill's provisions, if an employer fails to comply with the regulations, any resulting heat-related injury to an employee will be “presumed to have occurred during and in the course of employment.” This would create a “rebuttable presumption.” It is commonly used by law enforcement officers and firefighters who have sustained certain injuries that may result from the risks inherent in their jobs.
In a veto message issued Saturday, Newsom said there is “no question” that California's farmworkers need strong protection from the risk of heat-related illnesses, especially as climate change increases extreme temperatures.
“However, creating a heatstroke presumption in the workers' compensation system is not an effective way to achieve this goal,” he said. Newsom said heat safety rules are now enforced by the California Occupational Safety and Health Administration, known as Cal/OSHA, and the agency is better equipped to enforce worker protections. .
Newsom also noted that Cal/OSHA is creating an agriculture division focused on worker protection and hazards found in agricultural settings, and opening new district offices in Fresno, Santa Barbara and Riverside. did.
“This specialized unit will expand Cal/OSHA's reach to farm worker communities across the Central Valley, where the largest number of farm workers and their families reside,” Newsom said.
This bill comes as many farmworkers continue to work in hazardous conditions and Cal/OSHA faces severe staffing shortages. impede that ability To strengthen heat regulations for outdoor workers.
The state's heat illness prevention rules, first enacted in 2005, require employers to provide outdoor workers with fresh water, access to shade above 80 degrees and cool-down breaks if workers request them. is required. Employers must also maintain a heat illness prevention plan with effective training for supervisors to recognize the signs and symptoms of heat illness.
However, nearly 20 years after the rule was first enacted, compliance remains difficult to ensure.
In 2009 and 2012, United Farm Workers sued Cal/OSHAaccused authorities of failing to enforce regulations.
a 2022 survey The UC Merced Community Labor Center found that many farmworkers were still working without protective equipment. Of the more than 1,200 workers surveyed, 43% reported that their employer did not offer a heatstroke prevention plan, and 15% said they had not received heatstroke prevention training.
The bill's author, Sen. Dave Cortese (D-San Jose), previously described SB 1299 as a “creative and “A workaround.” compliance. “
“Employers hate workers' compensation estimates so much that I feel like it might actually work,” Cortese previously told the Times. “Their avoidance factor is so high that they'll say, 'Oh my God, it's actually easier to provide shade and water than to deal with a proliferation of workers' compensation claims.'”
“We're trying to take what they see as a thorny issue and use it as fodder to discourage the kind of behavior that we're seeing,” he said.
UFW supported 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 Saturday.
Opponents of the bill, including the California Chamber of Commerce and Industry and the California Farm Bureau, acknowledge the importance of protecting farmworkers from heat illness but argue that the issue should not be addressed through workers' compensation. Ta.
This article is part of the Times article equity reporting initiative, was funded by James Irvine Foundationexplores the challenges facing low-income workers and the efforts being made to address them. Economic inequality in California.
