Skyler Fischer is forklift driver at a Fred Meyer distribution center in the town of Clackamas. He鈥檚 been working there for 12 years and works at least four days a week, 10 to 12 hours each day. Fischer said he gets two 15-minute breaks each shift.
On Tuesday, when temperatures soared to , Fischer said he was drained. He said the warehouse has no air conditioning, no ceiling fans or any type of air circulation in the building. He said the only time he can cool down is during his lunch break when he gets to eat inside an air-conditioned office.
鈥淯sually, I get home and I do stuff, but I just collapsed on the couch pretty much because I鈥檓 so exhausted,鈥� he said.
In May, the Oregon Occupational Safety and Health Division laboring in excessive heat or wildfire smoke. They are some of the nation鈥檚 strongest protections for employees working outdoors or in workplaces without air conditioning.
But this week, with , is putting Oregon OSHA鈥檚 recently implemented heat rules to the test. Some Oregonians have said they鈥檙e still laboring in unsafe conditions despite the new heat rules.
The went into effect last month and apply when temperatures in a work environment reach 80 degrees Fahrenheit. They require employers to provide access to shaded areas, cool drinking water, and additional rest breaks to cool down and acclimate to the heat. The rule also requires employers to provide heat illness prevention training.
Fischer said he and his co-workers have not seen these changes in their workplace even after pointing out the law to their employer. He said it鈥檚 made him dread going into work.
鈥淵ou kind of lose hope,鈥� the 32-year-old said. 鈥淵ou got to go in there and get your paycheck or else your family isn鈥檛 going to be fed. So you go in there begrudgingly every day.鈥�
Aaron Corvin, Oregon OSHA鈥檚 public information officer, said the agency has opened an inspection related to the Fred Meyer facility.
A statement from Fred Meyer said the company has installed a mechanical cooling station at its 1-million-square-foot warehouse in Clackamas. On days with high temperatures, the company provides employees with access to water bottles on ice, water fountains, frozen treats and cooling towels. A distribution team also takes daily temperatures throughout the facility and said this week temperatures have not exceeded 80 degrees Fahrenheit, the statement said.
Dozens of heat-related workplace complaints
Last summer, the Pacific Northwest experienced a in which in Oregon alone. At least and were reported by Oregon OSHA.
That included a farmworker who collapsed and died on a farm north of Salem and a construction worker who became ill while inspecting a roof in Hillsboro, went to a hospital and died nine days later.
Shortly after the first workplace death was reported, and environmental organizations called on and direct Oregon OSHA to issue to protect workers. The agency has since adopted those rules permanently after more than a year and a half of rulemaking.
That process lays out the expectations for employers and their obligations to protect workers against the dangers of extreme heat, Oregon OSHA鈥檚 Corvin said.
He said that since the rules took effect on June 15, there have been at least 137 open inspections that relate to work hazards and heat complaints. Oregon OSHA has thus far issued nine citations for not following heat rules.
鈥淚 would certainly expect that we will have more,鈥� Corvin said.
Most of the inspections currently underway involve the restaurant industry, warehouse workplaces and construction sites. A citation or violation can lead to a fine.
Corvin said more than half of the heat-related complaints the agency has received the past two weeks came on July 26 and 27, days on which temperatures reached triple digits.
鈥淲e鈥檝e got multiple citations pending, we have multiple inspections that are being opened as we speak,鈥� he said. 鈥淪o this is something that we鈥檙e engaging on and we鈥檙e spending extra time in the field to do it.鈥�
Corvin said the agency has 85 compliance officers. Most go out to inspect workplaces and can handle multiple cases at once. Sometimes, more than one compliance officer is sent to inspect a complaint.
But even though there has been an increase of compliance officers in the field, some say the rules aren鈥檛 being applied at all in some locations.
More clarity
Pineros Y Campesinos Unidos del Noroeste, known as PCUN, along with other labor rights groups and environmental groups, has been advocating for rules like these for years.
PCUN鈥檚 climate policy associate Ira Cuello-Martinez said, for the most part, PCUN is hearing from its members that employers are following the new rules. Some even go beyond what is required like providing salty crackers and electrolyte drinks to help with maintaining hydration and encourage extra breaks.
But Cuello-Martinez has also heard from farmworkers that some employers aren鈥檛 applying any of the .
鈥淪ome workers were unaware of the rule even being in effect and have not received any sort of training from their employers when it comes to excessive heat,鈥� he said.
Under the new rules, workers should be receiving training in language they understand about the dangers of working in extreme heat conditions, Cuello-Martinez said. He said it鈥檚 unclear whether employers are providing flyers, allowing employees to ask questions or giving them time to digest the new information.
Another issue farmworkers face is understanding how the acclimation breaks work, Cuello-Martinez said. Employers can develop preventative cool-down rest breaks from three options Oregon OSHA provided in the rules. But Cuello-Martinez said that creates a lot of confusion for farmworkers who work in several different locations.
And while the rules are in place to protect workers from heat-related illnesses, that is also leading to loss of work, Cuello-Martinez said. He鈥檚 heard that some farmers end the work day earlier when temperatures get too high and that鈥檚 affecting the farmworkers鈥� income.
鈥淲hile they understand the health aspects of not working in those conditions, they don鈥檛 have any other source of income,鈥� he said. 鈥淚t does get stressful for them.鈥�
鈥楾here鈥檚 always room for improvement鈥�
Meanwhile, several business organizations criticized the new rules, saying they鈥檙e not helpful to employers or employees. Three groups 鈥� Oregon Manufacturers and Commerce, Associated Oregon Loggers Inc. and the Oregon Forest Industries Council 鈥� even to try to prevent the rules from taking effect.
Mary Anne Cooper, vice president of government and legal affairs for the Oregon Farm Bureau said the rules are overly prescriptive and they鈥檝e caused confusion for farmers, ranchers and farmworkers.
New documentation and reporting requirements also provide logistical challenges to some smaller family farms, Cooper added.
鈥淚t鈥檚 just been a real challenge this year for our employers to meet these pretty burdensome new rules while maintaining a workforce and keeping their employees happy,鈥� Cooper said.
Farmers have told the bureau, which represents some 6,700 Oregon farms, that they鈥檝e been fielding questions from workers about what kind of clothing they can wear, when and where they can and cannot take breaks, and why shifts are ending early when it鈥檚 hot outside.
Cooper said she worries the new rules could sow distrust among some farmworkers and discourage them from coming back to work in Oregon in the future.
鈥淥ur members care deeply about their workforce,鈥� she said. 鈥淚 think for us it has always been about finding what is the right balance between understanding that the state has to make sure that the workforce is protected while honoring the autonomy and desires and needs of the workforce.鈥�
Oregon OSHA鈥檚 Corvin said the agency is heavily focused on carrying out and enforcing the rules and providing educational information to employees so they know their rights. He said they are committed to optimizing the rules as 鈥渢here鈥檚 always room for improvement.鈥�
Federal workers short of protections
The state鈥檚 new rules don鈥檛 apply to all people working outside in Oregon, leaving people like Willie Groshell with limited options.
Groshell started his Northeast Portland delivery route Tuesday morning at 7:15 a.m. By the time he clocked out at 8 p.m., his pedometer recorded nearly 34,000 steps on a day when temperatures reached 102 degrees Fahrenheit.
He鈥檚 been working as a letter carrier for the U.S. Postal Service for more than 17 years and he鈥檚 the president of the Oregon State Association of Letter Carriers.
When temperatures reach triple digits for multiple days, he said that usually means he can鈥檛 get any real rest even when he鈥檚 off the clock.
鈥淚 have to make sure that I drink excessive amounts of water tonight to the point that I know I鈥檓 going to wake up in the middle of the night and have to go to the bathroom,鈥� he said. 鈥淏ecause if I don鈥檛 get to that point of hydration, I鈥檓 already going to be in trouble at the start of the next day.鈥�
Groshell said he has to be intentional about what he eats and how he cares for himself when there is a heat wave. For example, his lunch consists of watery foods, like raw cucumbers, celery, radishes, and carrots, to help him stay hydrated throughout the day and avoid heat-related illnesses.
Because his job requires him to be outdoors, there are limited places where Groshell can find reprieve. Extreme heat has led to and several deaths of mail carriers and delivery workers in recent years.
鈥淭en years ago letter carriers didn鈥檛 die,鈥� he said. 鈥淏ut for the past 10 years it seems like every single year somewhere in this country we鈥檝e had at least one if not more than one letter carrier die from heat exposure.鈥�
Last year, the Biden administration pledged to begin from heat-related illnesses after extreme heat left dozens of workers injured or dead.
Currently, have temporary rules for protecting workers and are developing permanent rules. Workers in other states are protected through the federal Occupational Safety and Health Administration鈥檚, which requires employers to provide a place of employment 鈥渇ree from recognized hazards that are causing or likely to cause death or serious harm to employees.鈥�
Groshell said he hopes other states pass laws similar to Oregon鈥檚, so that it forces the federal government to adopt stronger regulations.
鈥淥r the other way that it鈥檚 going to happen is we鈥檙e going to have more and more people die,鈥� he said.
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