WASHINGTON, DC – As record heat waves roil parts of the United States, U.S. Senator Jack Reed today joined several colleagues in introducing new legislation to ensure the safety and health of workers who are exposed to dangerous heat conditions in the workplace.

Senator Reed is teaming up with U.S. Senators Sherrod Brown (D-OH), Alex Padilla (D-CA) and Catherine Cortez Masto (D-NV) on the Asunción Valdivia Heat Stress Injury, Illness, and Fatality Prevention Act.  The bill is named in honor of Asunción Valdivia who died in 2004 after picking grapes for ten hours straight in 105-degree temperatures.  Mr. Valdivia fell unconscious and instead of calling an ambulance, his employer told Mr. Valdivia’s son to drive his father home.  On his way home, he died of heat stroke at the age of 53. Mr. Valdivia’s death was completely preventable, yet his story is not unique.

The Asunción Valdivia Heat Stress Injury, Illness, and Fatality Prevention Act will protect workers against occupational exposure to excessive heat by:

•           Requiring the OSHA to establish an enforceable standard to protect workers in high-heat environments with measures like paid breaks in cool spaces, access to water, limitations on time exposed to heat, and emergency response for workers with heat-related illness; and

•           Require an interim final rule be in place within one year of the bill’s passage; and

•           Directing employers to provide training for their employees on the risk factors that can lead to heat illness, and guidance on the proper procedures for responding to symptoms.

“Extreme heat is dangerous and can kill. The impact of climate change in the form of severe weather is here so we need a bill like this to  help save lives and prevent future tragedies.  It would set reasonable, basic standards for workers in high-heat environments to ensure access to adequate shade and water,” said Senator Reed.  “Workers shouldn’t have to risk heat-related death just to do their jobs.  Passing this bill will strengthen efforts to address extreme heat and lead to safer working conditions for all.”

There were 436 workplace deaths between 2011 and 2021 due to exposure to high heat in the work place, according to the Bureau of Labor Statistics, or roughly 40 a year, with most deaths occurring in the summer months.

Moreover, thousands of workers are injured on the job annually due to extreme heat.  According to the New York Times 2021 report: Work Injuries Tied to Heat Are Vastly Undercounted, Study Finds: “extreme heat isn’t just a threat to outdoor workers, but also those who work indoors in places like manufacturing plants and warehouses. Those additional injuries mean lost wages and higher medical bills for low-income workers across a huge range of industries, widening the pay gap as temperatures rise.”

In addition to Brown, Padilla, Cortez Masto, and Reed, the bill is also cosponsored by U.S. Senators Bernie Sanders (I-VT), Ben Ray Lujan (D-NM), Chris Van Hollen (D-MD), Brian Schatz (D-HI), Elizabeth Warren (D-MA), Cory Booker (D-NJ), Jeff Merkley (D-OR), Dianne Feinstein (D-CA), Patty Murray (D-WA), Bob Menendez (D-NJ), Richard Blumenthal (D-CT), Ron Wyden (D-OR), Mazie Hirono (D-HI), Kirsten Gillibrand (D-NY), and Ed Markey (D-MA) are also cosponsoring the legislation,

Congresswoman Judy Chu (D-CA-28) is leading companion legislation in the U.S. House of Representative with cosponsors Reps. Bobby Scott (D-VA-3), Raúl M. Grijalva (D-AZ-3) and Alma Adams (D-NC-12).

“No worker should have to endure life-threatening heat to provide for their family. This would be an important step to protect Ohio workers on the job,” said Senator Brown. “We know too many workers still work in dangerous conditions, putting their health and safety on the line every day to provide for their families. There’s not much dignity in a job where you fear for your health or your life.”

“Asunción Valdivia tragically lost his life to heatstroke picking grapes in 105-degree heat under the Central Valley sun. Nearly 20 years later, millions of Americans are facing record-breaking extreme heat conditions that put the health and safety of our workers at risk,” said Senator Padilla. “This critical legislation will hold employers accountable and ensure enforceable workplace protections are put in place to prevent workers from falling ill, collapsing on the job, or even losing their lives.”

“Extreme heat exposure is deadly and too often puts our essential workers in dangerous environments,” said Senator Cortez Masto. “As we continue to experience record-high temperatures, it’s critical we pass this bill to protect our workers.”

The Occupational Safety and Health Administration (OSHA) is currently in the process of drafting a heat standard for work places and Senator Reed is urging the agency to finalize and implement a federal workplace heat standard as quickly as possible.

This year is on pace to be the hottest on record: the first week of July had the hottest days on record on Earth, following the hottest ever month of June. Farmworkers and construction workers suffer the highest incidence of heat illness. And no matter what the weather is outside, workers in factories, commercial kitchens, and other workplaces, including ones where workers must wear personal protective equipment (PPE), can face dangerously high heat conditions all year round.

The Asunción Valdivia Heat Stress Injury, Illness, and Fatality Prevention Act has the support of a broad coalition of groups including: Rural Coalition, International Brotherhood of Teamsters, AFL-CIO, UNITE HERE!, Communication Workers of America, Alianza Nacional de Campesinas, United Farm Workers, Farmworker Justice, Public Citizen, International Union of Bricklayers and Allied Craftworkers, United Food and Commercial Workers International Union, Union of Concerned Scientists, United Steelworkers, and International Union, UAW.

“It’s long past time for meaningful legislation to protect Teamsters and other workers from the effects of prolonged heat exposure and dangerous heat levels while at work,” said Teamsters General President Sean M. O’Brien. “Paid breaks in cool spaces, access to water, and limitations on time exposed to heat are simple common sense steps that should be mandated immediately. Waiting to implement these measures is unacceptable and will result in the further loss of lives.”