Gov. Gavin Newsom announced Saturday he has vetoed a bill to bolster farmworkers鈥� heat illness claims as they face the increasing dangers of extreme heat.
The unique proposal would have made it easier for farmworkers to get workers鈥� compensation when claiming they suffered heat illness on the job. was pitched by the United Farm Workers, which said it was needed to supplement weakened enforcement of the state鈥檚 workplace heat safety rules.
, Newsom wrote the enforcement of heat safety rules should be done only by the state鈥檚 workplace safety agency, the Division of Occupational Safety and Health (Cal/OSHA) and not be determined by the workers鈥� compensation system.
The outdoor heat rules, in place for nearly 20 years, require employers to provide shade, water and rest breaks for outdoor workers and further monitor them for signs of heat illness in high-risk jobs like agriculture and construction. The state this year added .
But the understaffed Cal/OSHA has in recent years conducted 1,000 fewer heat inspections of worksites a year, and issued hundreds fewer violations, compared to pre-pandemic, . That鈥檚 despite heat waves in California .
The United Farm Workers said SB 1299 would have forced employers to comply with the heat rules, by more strictly tying them to liability for workers鈥� compensation claims. The bill would have required workers鈥� comp judges to presume farmworkers who claim heat illness developed it at work.
鈥淭here is no doubt that climate change is causing an increase in extreme temperatures and that California farmworkers need strong protections from the risk of heat-related illness,鈥� Newsom wrote. 鈥淗owever, the creation of a heat-illness presumption in the workers鈥� compensation system is not an effective way to accomplish this goal.鈥�
Such presumptions are used for other workers; firefighters, for example, have an easier time making workers鈥� comp claims for cancer because judges can assume they developed it from exposures to hazards on the job. In the case of farmworkers, the bill would have made the presumption apply only if employers can鈥檛 prove they were following the heat rules.
Become a CalMatters member today to stay informed, bolster our nonpartisan news and expand knowledge across California.The California Chamber of Commerce and insurance carriers , arguing that it would unfairly mix the workers鈥� comp system with Cal/OSHA, which enforces safety rules. They also warned the bill could saddle employers and insurance companies with unrelated injuries, and said it was unnecessary.
Farm employers said the heat rules are well-known and effective. A study found that less than 1% of California agricultural workers鈥� comp claims involved heat injuries.
Newsom said his administration was taking extreme heat seriously. He鈥檚 signed bills convening a Cal/OSHA advisory committee that began meeting last year to recommend how to study heat-related injuries, he wrote in the veto message, and to allow farmworkers to accrue paid sick leave to avoid working during natural disasters. The agency is also starting a new agricultural unit with Central Valley offices.
In a brief statement, United Farm Workers president Teresa Romero said despite the veto, 鈥渢he UFW will continue to work to save farm worker lives.鈥�
Newsom in recent years also clashed with the United Farm Workers over a controversial new law making it easier for farmworkers to form unions. After vetoing that bill in 2021 and expressing his opposition again the following year, the powerful organization founded by Cesar Chavez applied considerable political pressure 鈥� including marching up the Central Valley to Sacramento and garnering a statement of support from President Joe Biden 鈥� to .
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