A long-awaited workplace heat rule moves forward, even under Trump todayheadline

Last summer, the United States took a crucial step towards protecting millions of workers across the country from the impacts of extreme heat on the job. In July 2024, the Occupational Safety and Health Administration, or OSHA, published its first-ever draft rule to prevent heat illness in the U.S. workforce. Among other things, the proposed regulation would require employers to provide access to water, shade, and paid breaks during heat waves — which are becoming increasingly common due to human-caused climate change. A senior White House official at the time called the provisions “common sense.”

Before the Biden administration could finalize the rule, Donald Trump was re-elected president, ushering in another era of deregulation. Earlier this month, the Trump administration announced plans to revise or repeal 63 workplace regulations that Labor Secretary Lori Chavez-DeRemer said “stifle growth and limit opportunity.” 

OSHA’s heat stress rule wasn’t among them. And though the new administration has the power to withdraw the draft regulation, it hasn’t. Instead, OSHA has continued to move it forward: The agency is currently in the middle of soliciting input from the general public about the proposed policy. Some labor experts say this process, typically bureaucratic and onerous even in the absence of political interference, is moving along faster than expected — perhaps a sign that civil servants at OSHA feel a true sense of urgency to protect vulnerable workers from heat stress as yearly temperatures set record after record. 

But labor advocacy groups focused on workers along the food supply chain — many of whom work outside, like farmworkers, or in poorly ventilated spaces, like warehouse and meat processing facilities — say workers have waited too long for basic live-saving protections. Earlier this month, Senator Alex Padilla and Congresswoman Judy Chu, both from California, re-introduced a bill to Congress that, if passed, would direct OSHA to enact a federal heat standard for workers swiftly.

It’s a largely symbolic move, as the rule-making process is already underway, and the legislation is unlikely to advance in a Republican-controlled Congress. But the bill signals Democratic lawmakers are watching closely and urgently expect a final rule four years after OSHA first began drafting its proposed rule. The message is clear: However fast OSHA is moving, it hasn’t been enough to protect workers from the worst impacts of climate change. 

“Since OSHA started its heat-stress rulemaking in 2021, over 144 lives have been lost to heat-related hazards,” said Padilla in a statement emailed to Grist. “We know how to prevent heat-related illnesses to ensure that these family members are able to come home at the end of their shift.” 

The lawmaker added that the issue is “a matter of life or death.” 

Heat is the deadliest form of extreme weather, according to the World Health Organization. In the U.S., the Environmental Protection Agency estimates that 986 workers died from heat exposure on the job from 1992 to 2022, or about 34 per year. 

This is very likely an undercount. Prolonged heat exposure can exacerbate underlying health problems like cardiovascular issues, making it difficult for medical professionals to discern when illness and death is attributable to extreme heat. As heat-trapping greenhouse gas emissions continue to push global temperatures higher, experts expect heat-related illnesses and deaths to follow.

The life-threatening impacts of exposure to extreme heat in the workplace have been on the federal government’s radar for more than 50 years. Labor unions and farmworkers have long pushed for federal and local heat standards. In 2006, California became the first state to enact its own heat protections for outdoor workers, after an investigation by the state’s Division of Occupational Safety and Health found 46 cases of heat-related illnesses the year prior. Legislative efforts to protect workers or nudge OSHA along often follow or name farmworkers who died from heat stress. Padilla and Chu’s bill from this year is named after Asunción Valdivia, a 53-year-old who died in California in 2004 after picking grapes for 10 hours straight in 105 degree Fahrenheit heat. 

OSHA’s proposed heat standard would require employers to establish plans to avoid and monitor for signs of heat illness and to help new hires acclimate to working in high heat. “That should be implemented yesterday,” said Nichelle Harriott, policy director of HEAL Food Alliance, a national coalition of food and farmworkers. “There really is no cause for this to be taking as long as it has.”

In late June and early July, OSHA held virtual hearings in which it heard testimony from people both for and against a federal heat standard. According to Anastasia Christman, a senior policy analyst from the National Employment Law Project who attended the hearings, employees from the agency seemed engaged and asked substantive questions. “It was very informative,” she said. OSHA didn’t respond to Grist’s request for comment.

As written, OSHA’s proposed heat rule would apply to about 36 million workers in the U.S. Christman noted that sedentary workers — those who sit for most of the work day — are currently excluded from the federal standard. Ironically, at one point during the agency’s hearings, participants had to take an unscheduled break after the air conditioning stopped working in the Department of Labor building where OSHA staff were sitting. “They had to be evacuated because it was too hot to sit there and be on a Zoom call,” said Christman. She estimated that if sedentary workers were non-exempt, the number of U.S. workers covered by the rule would nearly double to 66 million.

From her point of view, OSHA is moving “very fast on this — for OSHA.” But Christman acknowledged that, even in a best-case scenario, regulations would not be on the books for another 12 to 14 months. At that point, OSHA would publish guidance for employers on how to comply with the regulation, as well as respond to any legal challenges to the final rule. That process, “in an optimistic world,” she said, could take between two and four years. 

For many farmworkers, as well as other workers along the food supply chain, that’s too long to wait. 

“For decades, millions of workers have been waiting for federal heat standards that never came,” said Oscar Londoño, co-executive director of WeCount, a member-led immigrant rights organization based in South Florida. 

The group has spearheaded multiple campaigns to draw public attention to how sweltering temperatures impact outdoor workers in the region, including plant nursery workers. Londoño said some agricultural workers have told WeCount it already feels like the hottest summer of their lifetime.

In response to the news of Padilla and Chu’s bill, Londoño said, “We appreciate any step by a lawmaker trying to protect workers, especially as we’re seeing, once again, a record-breaking summer.” But he cast doubt on OSHA’s ability to enforce regulations around heat stress, particularly in the agricultural sector.

“We know that there are employers across the country who are routinely violating the laws that already exist,” said Londoño. “And so adding on new laws and regulations that we do need doesn’t automatically mean that workers will be protected.”

WeCount’s organizing is hampered by Florida’s Republican governor and state legislature, which passed a law last year prohibiting local governments from enacting their own heat standards. In the absence of politicians who will stand for workers, WeCount members are trying to publicize the risks that agricultural workers take on. Their latest campaign, Planting Justice, centers on local plant nursery workers, who grow indoor houseplants. 

The goal is to try and educate consumers about the labor that goes into providing their monsteras, pothos, snake plants, and other indoor houseplants. “If you buy indoor houseplants, it’s very possible that that plant came from workers in Florida,” said Londoño, “workers who are being denied water, shade, and rest breaks by working in record-breaking heat, including 90- or 100-degree heat temperatures.”

Down the line, the nursery workers hope to solidify a set of demands and bring those concerns to companies like Home Depot and Lowes that sit at the top of the indoor plant supply chain. Similar tactics have worked for agricultural workers in other sectors; the Fair Food Program, first established by tomato pickers in 2011 in Florida, has won stringent heat protections for farmworkers in part by building strong support for laborers’ demands among consumers.

“Right now we are looking at every possible solution or strategy that can help workers reach these protections,” said Londoño. “What workers actually need is a guarantee that every single day they’ll be able to go to work and return home alive.” This kind of worker-led organizing will continue, he said, whether or not OSHA delivers its own heat standard.

“Right now we are looking at every possible solution or strategy that can help workers reach these protections,” said Londoño. “What workers actually need is a guarantee that every single day they’ll be able to go to work and return home alive.” This kind of worker-led organizing will continue, he said, whether or not OSHA delivers its own heat standard.