2024-03-22 03:14:11
Gov. Gavin Newsom’s administration unexpectedly withdrew its support from a sweeping proposal that would have protected millions of California’s indoor workers from dangerous heat, saying it could not support it without knowing the expected costs to the state.
But the board that oversees worker safety immediately defied the administration Thursday by unanimously approving new standards designed to protect people who work in poorly ventilated warehouses, steamy restaurant kitchens and other indoor workplaces.
The conflict represents a retreat from the country’s climate goals and labor policy, and throws the fate of the rules into unknown territory. They were supposed to take effect by the summer.
The Democratic administration’s move angered board members, who called it a “last-minute stunt” that undermines their regulatory process. It also sparked a protest by the warehouse workers, who temporarily shut down the meeting by waving signs proclaiming that “heat kills!” and shouted, “What do we want? Heat protection! When do we want it? Now!”
“We were blindsided today, and I don’t think it was fair,” said David Thomas, chairman of the California Occupational Safety and Health Board, who became angry several times during the meeting. “They hung our ass out to dry.”
The rules to protect in-house workers were years in the making, but Newsom’s finance office informed board employees the night before the vote that he could not sign. They told us “the potential fiscal impacts on public sector entities have not been fully analyzed,” Eric Berg, deputy chief of health and research and standards at the California Division of Occupational Safety and Health, reported to the board.
Newsom’s spokesman, Omar Rodriguez, declined to comment. But Treasury spokesman HD Palmer disputed the characterization of the administration’s concerns as “last minute.” He said the administration held meetings with board staff for weeks to discuss estimates of how much it would cost the state to implement the rules in its buildings. They provided the latest estimates to Palmer’s department in February.
By law, the Ministry of Finance is required to approve a fiscal review for any regulation that will have significant economic effects.
For example, the proposed indoor heat standard could cost the state billions of dollars just to keep its jail cool enough for workers and inmates, Palmer said, based on the board’s estimate.
“We need to evaluate it. Is it too high? Is it right?” he said. “This is not a decision made arbitrarily or regarding policy. We did not have time to do due diligence.”
Palmer did not comment on how much longer it will take to analyze the rule’s cost.
The deadline to keep the offer on track is March 30. Otherwise, the years-long regulatory process will have to start from scratch. But it’s uncharted territory, and board members said at a March 21 meeting that they weren’t sure how to proceed. Some suggested they could adopt emergency regulations – but even that would take time.
The state has had heat standards on the books for outdoor workers since 2005, and indoor workplaces were supposed to be next. The proposed standard would require the cooling of work sites below 87 degrees Fahrenheit when workers are present and below 82 degrees in places where workers wear protective clothing or are exposed to radiant heat, such as furnaces. Buildings can be cooled using air conditioning, fans, foggers and other methods.
For businesses that could not adequately cool their workplaces, such as laundries or restaurant kitchens, where commercial boilers, ovens and fryers operate, the rule would offer them the option of giving workers cooling areas and other conveniences.
Some businesses expressed concern that they would not be able to meet the requirements if accepted, even with the flexibility that the regulation offers. Giving a kitchen worker room to cool off in a small restaurant, for example, may be impossible, according to the California Restaurant Association.
But workers and labor advocates at a March 21 meeting demanded the board take action, saying employers must protect workers and adapt to a warming climate.
“How many workers have to end up being hospitalized or, even worse, end up dying from heat illness because there is no protection?” Yesania Barrera, an organizer from the resource center for warehouse workers, asked the board members.
Heat stress can lead to heat exhaustion, heat stroke, cardiac arrest and kidney failure. In 2021, the Centers for Disease Control and Prevention reported 1,600 fever-related deaths, which is likely an undercount because healthcare providers are not required to report them. It is unclear how many of these deaths are work-related, whether indoors or outdoors.
In California, 20 workers died of heat between 2010 and 2017, seven of them because of indoor heat, according to the Rand Corp., which analyzed the state’s proposed indoor heat rules.
Only two other states, Minnesota and Oregon, have adopted heat rules for indoor workers, according to the U.S. Occupational Safety and Health Administration. Nationally, the legislation has stalled in Congress, and although the Biden administration initiated the long process of establishing national heat standards for outdoor and indoor work, it will likely take years to finalize the rules.
California regulators created the internal rules to supplement the state’s protections for foreign workers. Those say when temperatures exceed 80 degrees, employers must provide shade and watch workers for signs of heat illness. At 95 degrees or more, they must come up with ways to prevent heat illnesses, such as reducing work hours or giving more breaks. Colorado, Oregon, and Washington also have rules for foreign workers.
This article was produced by KFF Health News, publisher of California Healthline, an editorially independent service of the California Health Foundation.
This article was reprinted from khn.org, a national newsroom that produces in-depth journalism on health issues and is one of the core programs operating at KFF – the independent source for health policy research, polling and journalism.
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