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Senator Dave Cortese (D- San Jose) · SB 1299 Fact Sheet · 3/8/24

SENATOR DAVE CORTESE

SB 1299: Farmworker Climate Change

Heat Injury and Death Fund

SUMMARY

SB 1299 provides for timely medical treatment to

farm workers who experienced a heat-related injury

while working for an employer who was

noncompliant with those existing regulations.

PROBLEM

Some of the largest agricultural counties in the state

are experiencing record-breaking heat waves. In

2022, King City in Monterey County broke its

hottest temperature ever recorded at 116 degrees.

Fresno recorded an all-time high at 114 degrees.

Stockton in San Joaquin County shattered its 1988

record of 106 degrees by reaching 112 degrees.

Napa set a record at 114 degrees. Modesto in

Stanislaus County topped its prior record at 106

degrees. In 2023, Paso Robles reached an all-time

high of 112 degrees, breaking the old record of 108

degrees set in 2010.

These record-breaking heat waves are harming the

health of agricultural workers. From 2018 to 2019,

the number of suspected and confirmed farm

worker heat-related deaths increased approximately

130 percent. In 2022, the Office of the Governor

noted that “Extreme heat ranks amongst the

deadliest of all climate change hazards, with

structural inequities playing a significant role in the

capacity of individuals, workers, and communities

to protect and adapt to its effects.”

BACKGROUND

The increased frequency of extreme heat conditions,

and its growing risks to workers, highlight the

importance and necessity of employer compliance

with California’s outdoor heat regulations to keep

workers safe.

Unfortunately, a climate of fear, which includes a

fear of retaliation and being fired for reporting

work-related injuries coupled with language

barriers, strongly discourages farm workers from

coming forward.

According to the United States Department of

Labor, approximately 77 percent of farm workers

were born outside the United States and many do

not speak English.

Even when workers file a complaint, many have

moved to another employer due to the migratory

nature of the job. High vacancy rates at Cal-OSHA

also hinder compliance. In 2023, Cal-OSHA

presented data showing a nearly 35 percent vacancy

rate among site safety inspector classifications. This

year, the state is experiencing another historic

budget deficit as well as a gap in leadership as the

chief of Cal-OSHA recently announced their

resignation. Cal-OSHA is not adequately funded or

staffed to enforce outdoor heat prevention

regulations on California’s 80,000 farms.

THIS BILL

SB 1299 establishes the Farm Worker Climate

Change Heat Injury and Death Fund to be funded

on a one-time basis from the existing Workers’

Compensation Administration Revolving Fund. The

bill promotes compliance with the existing outdoor

heat regulation through a rebuttable presumption for

heat-related injury and death. Farm workers who

suffer injury, illness, or death while working for a

noncompliant employer will be treated and

compensated expeditiously.

This bill does not impact the current outdoor heat

regulation. It does not create any additional

workers’ compensation benefit level beyond what is

otherwise available under existing workers’

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Senator Dave Cortese (D- San Jose) · SB 1299 Fact Sheet · 3/8/24

compensation law. Nor does it apply to a compliant

employer. Finally, it does not create a penalty for

noncompliant employers.

SUPPORT

United Farm Workers (sponsor)

FOR MORE INFORMATION

Sunshine Borelli

Office of Senator Dave Cortese

(916) 651-4015

sunshine.borelli@sen.ca.gov