Senator Cortese Says He Will Continue to Take Legislative Action to Protect Farmworkers from Ongoing Heat Waves Caused by Climate Change

Senator Cortese at an August Press Conference – screenshot from video

A UC Merced study reveals nearly 50% of farmworkers today continue to report their farming employers are not complying with existing heat prevention laws and regulations.

Sacramento, CA – Senator Dave Cortese on Wednesday commended the Cal Occupational Safety and Health Administration (OSHA), for citing & now investigating retaliation claims against labor contractor Ruiz Farm in Dixon, California.

Cal/OSHA has cited Ruiz Farm Labor in Dixon $17,550 for three serious-category violations of California’s heat illness prevention standard.

The Ruiz Farm Labor investigation was launched on June 13, 2024, following reports that the farm labor contractor turned a group of farmworkers, known as the Yolo Six, away after they left their work shifts early during a heat wave.

“This case brought to light a statewide problem of failing to protect farmworkers from heat illness during California’s many heat waves from the bottom of the state to the top, said Cortese. “I recognized the ‘Yolo Six’ on the floor when getting  Senate Bill 1299 passed making it easier for farmworkers to claim workers’ compensation for heat-related injuries,” said California State Senator Dave Cortese, a Democrat with agricultural roots representing Silicon Valley.

“Governor Newsom vetoed my bill but I remain committed to improving the working conditions of the people who put food on our tables.  I am grateful Cal OSHA is also taking action and investigating. “Today nearly 50% of farmworkers continue to report that their farming employers are not complying with existing heat prevention laws and regulations according to a UC Merced study. The farmworkers are fearing retaliation if they report it.”

Cortese’s Senate Bill 1299 would have established the Farmworker Climate Change Heat Injury and Death Fund to be funded on a one-time basis from the existing Worker’s Compensation Administration Revolving Fund. SB 1299 would have promoted compliance with existing outdoor heat regulations through a rebuttable presumption for heat-related injury and death.

SB 1299 would have ensured farmworkers who suffer a work-related heat injury, illness or death as a result of working for a noncompliant employer would have been treated and compensated expeditiously.

SB 1299 would not have created any additional workers’ compensation benefit level beyond what is otherwise available under existing workers’ compensation law. Nor would it have been applied to a compliant employer.

 

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