Congressional Democrats Join Union Workers to Announce Legislation to Protect Workers from Extreme Heat
WASHINGTON – Today, Ranking Member Robert C. “Bobby” Scott (D-VA-03), House Committee on Education and Workforce, Representative Judy Chu (D-CA.-28), and Senator Alex Padilla (D-CA) joined union workers from the United Farm Workers (UFW), American Federation of State, County and Municipal Employees, and United Steelworkers to announce their bipartisan, bicameral legislation to implement federal enforceable workplace heat stress protections.
Co-leads of the legislation include Representative Alma Adams (D-NC-12), and Senators Edward J. Markey (D-MA) and Catherine Cortez Masto (D-NV).
To address the increasing risks from extreme temperatures, the lawmakers introduced the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act, legislation to protect the safety and health of indoor and outdoor workers who are 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 (OSHA) to establish an enforceable federal standard to protect workers in high-heat environments with commonsense 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 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.
“This summer, Americans across the country are grappling with some of the hottest temperatures on record. Yet workers in this country still have no legal protection against excessive heat—one of the oldest, most serious, and most common workplace hazards. Heat illness affects workers in our nation’s fields, warehouses, and factories, and climate change is making the problem more severe every year,” said Ranking Member Scott. “This legislation will require OSHA to issue a heat standard on a much faster track than the normal OSHA regulatory process. I was proud to advance this important bill in 2022, and I urge Chairman Walberg and Committee Republicans to do so again this Congress. Workers deserve nothing less, particularly as heat-related illnesses and deaths rise.”
“As we continue to experience record-breaking summer heat waves, we’re also seeing a distressing increase in cases of workers collapsing and even losing their lives due to excessive heat. I will never forget people like Asunción Valdivia or Esteban Chavez Jr., who passed away in Pasadena, California in 2022 after a day of delivering packages in 90-degree heat in a truck without air conditioning. Unfortunately, their tragic deaths were entirely preventable,” said Representative Chu. “Whether on a farm, driving a truck, or working in a warehouse, workers like Asunción and Esteban keep our country running while enduring some of the most difficult conditions—often without access to water or rest. To protect our workforce and save lives, we must pass this bill into law and establish comprehensive and enforceable federal standards addressing heat stress on the job.”
“Asunción Valdivia’s death was completely preventable, yet his story is sadly not unique. As the planet continues to grow hotter, there is still no federally enforceable heat safety standard for workers. That’s not just dangerous for the farm workers and construction workers who work all day outside in the sun — it’s also dangerous for the factory and restaurant workers in boiling warehouses and kitchens,” said SenatorPadilla. “Every family deserves to know that even on the hottest day, their loved one will come back home. A national heat safety standard would provide that peace of mind and finally give workers the safety they deserve.”
“As we face record temperatures, it has never been more important that we protect our workers facing extreme heat in the workplace,” said Representative Adams. “Last year, a North Carolina postal worker Wendy Johnson lost her life to heat illness after spending hours in the back of a postal truck on a 95-degree day with no air conditioning. Her death was entirely preventable, and Wendy should still be with us today. I’m proud to introduce this bill so we can honor her memory and ensure every worker has the protections from extreme heat that Wendy deserved.”
According to the National Oceanic and Atmospheric Administration (NOAA), 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 Washington Center for Equitable Growth estimates hot temperatures caused at least 360,000 workplace injuries in California from 2001 to 2018, or about 20,000 injuries a year. 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 (PPE), can face dangerously high heat conditions all year round.
The bill is cosponsored by Representatives Rep. Robert C. “Bobby” Scott (D-VA-03) , Rep. Alma Adams (D-NC-12), Rep. Gabe Amo (D-RI-01), Rep. Yassamin Ansari (D-AZ-03), Rep. Nanette Barragán (D-CA-44), Rep. Suzanne Bonamici (D-OR-01), Rep. Julia Brownley (D-CA-26), Rep. Nikki Budzinski (D-IL-13), Rep. Andre Carson (D-IN-07), Rep. Troy A. Carter, Sr. (D-LA-02), Rep. Greg Casar (D-TX-35), Rep. Sean Casten (D-IL-06), Rep. Kathy Castor (D-FL-14), Rep. Joaquin Castro (D-TX-20), Rep. Sheila Cherfilus-McCormick (D-FL-20), Rep. Yvette D. Clarke (D-NY-09), Rep. Emanuel Cleaver, II (D-MO-05), Rep. Angie Craig (D-MN-02), Rep. Danny K. Davis (D-IL-07), Rep. Diana DeGette (D-CO-01), Rep. Rosa DeLauro (D-CT-03), Rep. Suzan DelBene (D-WA-01), Rep. Chris Deluzio (D-PA-17), Rep. Debbie Dingell (D-MI-06), Rep. Lloyd Doggett (D-TX-37), Rep. Sarah Elfreth (D-MD-03), Rep. Lois Frankel (D-FL-22), Rep. Maxwell Alejandro Frost (D-FL-10), Rep. Sylvia Garcia (D-TX-29), Rep. Jesús G. "Chuy" García (D-IL-04), Rep. Daniel Goldman (D-NY-10), Rep. Jimmy Gomez (D-CA-34), Rep. Josh Gottheimer (D-NJ-05), Rep. Al Green (D-TX-09), Rep. Jahana Hayes (D-CT-05), Rep. Steven Horsford (D-NV-04), Rep. Pramila Jayapal (D-WA-07), Rep. Henry C. "Hank" Johnson, Jr. (D-GA-04), Rep. Raja Krishnamoorthi (D-IL-08), Rep. Rick Larsen (D-WA-02), Rep. Michael Lawler (R-NY-17), Rep. Teresa Leger Fernández (D-NM-03), Rep. Mike Levin (D-CA-49), Rep. Stephen Lynch (D-MA-08), Rep. Seth Magaziner (D-RI-02), Rep. John Mannion (D-NY-22), Rep. Lucy McBath (D-GA-06), Rep. Betty McCollum (D-MN-04), Rep. Morgan McGarvey (D-KY-03), Rep. Jim McGovern (D-MA-02), Rep. LaMonica McIver (D-NJ-10), Rep. Grace Meng (D-NY-06), Rep. Kweisi Mfume (D-MD-07), Rep. Gwen Moore (D-WI-04), Rep. Seth Moulton (D-MA-06), Rep. Frank J. Mrvan (D-IN-01), Rep. Kevin Mullin (D-CA-15), Rep. Jerrold Nadler (D-NY-12), Rep. Donald Norcross (D-NJ-01), Rep. Eleanor Holmes Norton (D-DC-At Large), Rep. Alexandria Ocasio-Cortez (D-NY-14), Rep. Ilhan Omar (D-MN-05), Rep. Frank Pallone, Jr. (D-NJ-06), Rep. Jimmy Panetta (D-CA-19), Rep. Chellie Pingree (D-ME-01), Rep. Mark Pocan (D-WI-02), Rep. Delia Ramirez (D-IL-03), Rep. Jamie Raskin (D-MD-08), Rep. Luz Rivas (D-CA-29), Rep. Raul Ruiz (D-CA-25), Rep. Andrea Salinas (D-OR-06), Rep. Linda Sanchez (D-CA-38), Rep. Mary Gay Scanlon (D-PA-05), Rep. Hillary Scholten (D-MI-03), Rep. Adam Smith (D-WA-09), Rep. Melanie Stansbury (D-NM-01), Rep. Marilyn Strickland (D-WA-10), Rep. Mark Takano (D-CA-39), Rep. Shri Thanedar (D-MI-13), Rep. Bennie G. Thompson (D-MS-02), Rep. Dina Titus (D-NV-01), Rep. Rashida Tlaib (D-MI-12), Rep. Paul Tonko (D-NY-20), Rep. Norma Torres (D-CA-35), Rep. Derek T. Tran (D-CA-45), Rep. Juan Vargas (D-CA-52), Rep. Marc Veasey (D-TX-33), Rep. Nydia M. Velazquez (D-NY-07), Rep. Debbie Wasserman Schultz (D-FL-25), and Rep. Bonnie Watson Coleman (D-NJ-12).
To read the fact sheet on the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act is availablehere.
To read the section-by-section summary of the bill is available here.
To read the bill text of the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act here.
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