This summer, heat indexes across the country have skyrocketed. For workers with physically-demanding jobs – especially those who work outdoors, like agricultural or construction workers – exposure to extreme heat can pose significant health threats and even the risk of death. This is especially so for workers with health conditions and for pregnant workers, the latter of whom can experience pregnancy complications and risk negative maternal and infant health outcomes, such as high blood pressure, preterm birth, and low birth weight when exposed to heat for extended amounts of time.
Recently, the federal Occupational Safety and Health Administration (OSHA) proposed a heat standard for indoor and outdoor workers, which would require protections like shade, air conditioning, access to water, and rest breaks for those working in extreme heat, as well as mandated trainings to help workers understand how to recognize heat-related illness and advocate for their rights.
We are pleased to see the agency taking steps towards protecting workers’ health and wellbeing as temperatures continue to rise each summer due to climate change. In a 2022 comment to OSHA, we urged the agency to issue a uniform federal rule regarding heat injury and illness prevention and highlighted how this guideline would be especially important for pregnant workers’ health – including, in particular, Black and Latine pregnant workers, who are overrepresented in industries and positions that are most vulnerable to extreme heat exposure and a lack of workplace supports. Critical workplace protections, like a federal heat standard, would have a tremendous impact on tackling the health disparities that many communities of color face due to systemic racism and the lack of systemic supports, which can result in negative health outcomes like heart disease, heat stress or stroke, and hypertension. As heat is amongst the leading causes of death as compared to all hazardous weather conditions, a comprehensive heat standard is necessary to decrease occupational hazards and ensure that all workers can work safely and provide for their families.
Since our comment, the federal Pregnant Workers Fairness Act has passed and taken effect, which has created a federal right to reasonable workplace accommodations to protect pregnant and postpartum workers’ health. These accommodations can include modifications that can help pregnant workers stay safe amidst extreme heat, such as access to water bottles on the job, light duty (avoiding heavy lifting), stools to sit on, and more.
While we are thrilled to see pregnant workers making use of the law’s hard-won protections to stay safe and healthy on the job in the year since it took effect, all workers nationwide deserve robust protections for their health and safety in high-heat environments. The Pregnant Workers Fairness Act and proposed OSHA heat standards are especially important in the South, where temperatures have reached unprecedented highs in recent years, and where many states lack strong worker protections as is. Moreso, we are disturbed by recent efforts in states like Florida from state governments to block or “preempt” localities’ authority to pass heat-related standards, which would protect workers during heat waves. We will continue to work with partners on the ground to mobilize against these flagrantly anti-worker policies, and to fight for safer workplaces for all.
If you have questions about your rights when working in extreme heat, contact our free and confidential legal helpline at 1-833-NEED-ABB, or by filling out our online form.
