Gov. Newsom vetoes bill to help farmworkers who are working in extreme heat. Here's why

SACRAMENTO, Calif. — Gov. Gavin Newsom on Saturday vetoed a bill that proposed strengthening protections for California farmworkers working in extreme heat.

Senate Bill 1299, authored by Democratic Sen. Dave Cortese, would have made worker compensation claims presumed work-related when agricultural employers are not complying with heat safety standards. The bill sought to increase employer accountability by adding financial consequences for non-compliance.

But Newsom called the bill’s intentions “not an effective way to accomplish” the goal of protecting California’s farmworkers from the risk of heat-related illness. Under the bill, the Workers’ Compensation Appeals Board would have determined if Cal-OSHA heat illness standards were violated.

“Conditioning a workers’ compensation presumption on compliance with standards set and enforced by another regulatory division is not an effective way to improve working conditions,” Newsom said in his veto statement.

Heat standard compliance persists despite a 2005 law requiring agricultural employers provide shade, hydration access, rest breaks and heat illness prevention training. Cal-OSHA cited noncompliance in 47% of more than 4,000 heat-related inspections in 2019, according to a Legislative analysis.

The United Farm Workers union backed the bill, highlighting the urgency brought by rising temperatures. Agricultural workers are 35 times more likely to die from heat-related stress than workers in other industries, according to the National Institutes of Health.

SB 1299 was particularly timely in the capital region after six Yolo County farmworkers claimed they were fired in retaliation in June.

The workers allegedly received permission from their supervisor to go home early during a day of triple-digit heat. When they returned the following day, members of the group were relieved of their jobs and received their final paychecks. Cal-OSHA and the California Labor Commissioner’s Office are investigating the incident.

Approved worker compensation claims cover medical care, lost wages and death benefits for families.