Source: POLITICO'S MORNING AGRICUTLRUE, 8/9/21

There is no federal standard protecting workers from heat, a problem that is garnering more attention as climate change leads to hotter temperatures and stronger and longer heatwaves, according to a special report by POLITICO’s Zack Colman and E&E News’ Ariel Wittenberg. A four-month investigation by POLITICO and E&E News found that the agency's reluctance to set rules has dragged on through nine administrations, with bureaucracy and lack of political will causing much of the inertia.

The climate change cause: The Western U.S. is suffering under punishing temperatures this summer, rising higher than they normally would so early in the season. The record-breaking temperatures in the Pacific Northwest would have been “virtually impossible without human-caused climate change,” according to modeling and global observations.

OSHA’s negligence: The Occupational Safety and Health Administration is responsible for protecting laborers from workplace hazards. But it has ignored three recommendations from the Centers for Disease Control and Prevention that it create a much-needed floor, a temperature level above which conditions are deemed inherently unsafe for worker safety. OSHA has also denied similar petitions from occupational and environmental groups.

Biden administration officials — including Vice President Kamala Harris, Doug Parker, the administration’s nominee to lead OSHA, and Agriculture Secretary Tom Vilsack — have expressed support for national heat standards. But after seven months in office, progress has been fitful.

“Clearly we don’t want to put people where they are subject to working conditions that result in exposure that creates serious health problems and death,” Vilsack told reporters on July 21. “We will work with our partners in OSHA — they have the primary responsibility."

He added that USDA "will work in partnership with OSHA to make sure that workplaces whether it's in the farm field or factory floor are safe.”

Continued danger in the Northwest: The National Weather Service is predicting continued excessive heat this week.

Last week, farmworkers in Yakima County, Washington, grieved the loss of Florencio Gueta Vargas, who died while on the job on July 29. Gueta Vargas worked at a hops farm, which is currently under investigation by the state Department of Labor and Industries to determine if any rules were broken. The inquiry could take up to six months.

The Yakima County Coroner’s Office attributed the death to atherosclerotic disease with environmental heat as a contributing factor, according to The Seattle Times. Washington is one of three states to have heat rules, and in July enacted emergency temporary rules after a deadly heatwave hit the region. The emergency rules require shade and 10 minute cool-down rest periods every two hours at 100 degrees and cool water and allow breaks at 89 degrees.

“It could be one degree of difference,” said Elizabeth Strater, director of strategic campaigns for the United Farm Workers. “Some people are saying it was upper 90s that day, some are saying it was triple digits. It shows how arbitrary that rule is. Having a threshold that has to be 100 degrees outside before somebody gives you shade is not a sufficient rule.”

Washington state’s regs: Some states like Washington that have their own labor agencies can create their own rules. Dina Lorraine, public information officer at Washington’s labor dept. told POLITICO that the agency is in the process of crafting new, permanent rules.

The death of Gueta Vargas does not affect the process, and the rules may not be ready by next summer. Strater told POLITICO that UFW and other farmworker unions have not yet been invited to discussion calls.

Pressure again on OSHA: “A federal heat standard establishes a minimum that a lot of states don’t have,” Starter said. “It is really difficult, without a federal standard, for folks who work from state to state to know what rights they have.”

A federal standard and resources, Strater added, would also help to hold non-compliant states or employers accountable.