By The California Applicants’ Attorneys Association | Oct 7, 2024
Governor Gavin Newsom vetoed Senate Bill 1299, legislation that sought to bolster protections for farmworkers laboring under extreme heat conditions. Authored by Democratic Senator Dave Cortese with help from CAAA’s Executive Director Diane Worley and Legislative Committee Chair Jason Marcus, the bill would have created a presumption that heat-related injury claims were work-related if agricultural employers failed to comply with existing heat safety standards. By holding noncompliant employers accountable, SB 1299 aimed to protect farmworkers from the increasing dangers posed by climate change.
In his veto statement, Governor Newsom focused his concerns on tying the workers’ compensation presumption to employer compliance with standards set by another regulatory body, in this case, Cal-OSHA. However, this argument overlooks the alarming fact that despite existing regulations, heat safety violations are widespread throughout the industry. Legislative analysis revealed that Cal-OSHA found violations in 47% of heat-related inspections conducted in 2019. But as violations run rampant, enforcement of the existing heat standard has dwindled, with field inspections down as much as 30% as Cal/OSHA grapples with its own staffing problems.
Senator Cortese expressed disappointment in the veto, stating, “Newsom has failed to recognize the ongoing non-compliance that endangers farmworkers. His decision is a disregard for their fundamental right to safe working conditions and sends a troubling message about our commitment to their health.” Cortese and supporters of SB 1299 had hoped to establish the Farmworker Climate Change Heat Injury and Death Fund and ensure swift compensation for those injured or killed due to heat stress while working for noncompliant employers.
SB 1299’s rejection is a setback in the ongoing battle to protect farmworkers, a group that continues to face high risks of injury and death due to heat-related conditions. According to the National Institutes of Health, they are 35 times more likely to die from heat stress than workers in other industries, with rising temperatures exacerbating these risks. While Newsom’s veto reflects concerns about regulatory effectiveness, the message sent to California’s farmworkers is clear: their health and safety remain at the mercy of inadequate enforcement and employer compliance. Despite this setback, CAAA vows to continue pushing for stronger protections for injured workers, making sure they receive the care and support they’re entitled to in a fair and efficient manner.
