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Pushing for a Heat Stress Standard in Maryland and Beyond

A recent Maryland law requires the state's Commissioner of Labor and Industry, in consultation with its Occupational Safety and Health Advisory Board, to develop and adopt regulations that require employers to protect employees from heat-related illness caused by heat stress. Those standards are due by October 2022.

The law also requires the state to hold four public meetings to collect input from residents. This month, the Maryland Occupational Safety and Health Division (MOSH) scheduled those meetings, and I testified at the September 20 session.

As I stated during the hearing, CPR is pleased that Maryland will issue a standard requiring employers to protect workers from heat-related illnesses this session. I and other advocates urged MOSH to address the dangers of working in the heat and the immediate need for the standard.

As noted in my testimony, farmworkers are predominantly Black and brown, and many are from Indigenous and Afro-descended backgrounds, and they often earn wages below the federal poverty level. What’s more, farmworkers may not be authorized to work in the United States, which can cause fear of job loss and even deportation if they complain of or report poor working conditions. Farmworkers play an important role in our nation’s agricultural success, and we must do all we can to ensure adequate safeguards for their health.

Those who work outside are most vulnerable to heat illnesses. These workers, especially migrant farmworkers of color, are socially isolated and economically disadvantaged and often have chronic illnesses. According to the U.S. Centers for Disease Control and Prevention (CDC), farmworkers are 20 times more likely to die from heat stress than workers in other industries. Most of these deaths occur in men between the ages of 20 and 54.

Farmworkers face special risks

Much of the risk to farmworkers is due the nature of their work:

In my testimony, I urged MOSH to meet or beat its October 2022 deadline for developing a heat stress standard. Indeed, the agency should promulgate that standard before next summer so more workers don’t suffer or die from heat-related illnesses.

Virginia is in the process of developing its own heat stress standard now and should have it ready within six months. MOSH and other state agencies charged with protecting worker health and safety should follow suit. Workers’ health and safety, and their lives, are at risk until they do. For updates on state actions to protect farmworkers, subscribe to our email list.

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Marcha Chaudry | September 29, 2021

Pushing for a Heat Stress Standard in Maryland and Beyond

A recent Maryland law requires the state's Commissioner of Labor and Industry, in consultation with its Occupational Safety and Health Advisory Board, to develop and adopt regulations that require employers to protect employees from heat-related illness caused by heat stress. Those standards are due by October 2022. The law also requires the state to hold four public meetings to collect input from residents. This month, the Maryland Occupational Safety and Health Division (MOSH) scheduled those meetings, and I testified at the September 20 session.

Joel A. Mintz | September 23, 2021

The Hill Op-ed: Biden’s Idealistic UN Message on Climate Change

Addresses by national leaders to the United Nations General Assembly are often broad expressions of lofty ideals, and President Joe Biden's speech Tuesday fell squarely into that category. It covered an extraordinary panoply of global challenges and policy concerns, including controlling the COVID-19 pandemic, rebuilding and strengthening global alliances and regional initiatives, curbing terrorism, protecting human rights (including the rights of women and workers) and lifting up democracy. Biden also committed the United States to advancing human dignity, combating corruption and seeking peace in areas of conflict around the world.

Clarissa Libertelli | September 22, 2021

Why the Attack on Voting Rights Threatens Our Regulatory System

When voters’ voices are suppressed, lawmakers and agency officials may be less responsive to their needs — and more likely to favor those of corporations and other special interests. Fortunately, last week Senate Democrats unveiled new voting rights legislation. Historically, voters overwhelmingly favor protective regulations, therefore more voting means a stronger regulatory system.

Katlyn Schmitt, Natalia Cabrera | September 21, 2021

‘The Lion Is Missing Its Teeth’: Maryland Must Crack Down on Industrial Polluters

Maryland is home to more than 1,000 industrial facilities, including landfills, auto salvage yards, hazardous waste treatment, storage sites, and various types of manufacturing and processing plants. When it rains or snows, toxic pollution often runs off these facilities and enters nearby waterways and groundwater resources, negatively impacting aquatic life, nearby communities, and drinking water sources. The problem -- known as industrial stormwater pollution -- is dire in Maryland. More industrial facilities are being built in the state, and precipitation intensity is increasing more quickly in the Chesapeake Bay region than elsewhere in the United States, threatening public and environmental health. Low-income people and communities of color are at heightened risk.

Martha McCluskey | September 14, 2021

Countering Neoliberal Logic with the Vulnerable Human Subject

Assumptions about the human condition shape the legal rules and institutions that structure the economy and state. By re-centering law on a clearer understanding of the human subject, vulnerability theory can strengthen law and political economy (LPE) efforts to address accelerating threats to democracy, equality, and the environment.

Daniel Farber | September 10, 2021

Vacancy

The Biden administration is looking to make big regulatory changes, not least regarding climate change. Yet the White House office overseeing regulations is vacant. The obscurely named Office of Regulatory Affairs and Information (OIRA) has to sign off on all significant regulations. Even the dilatory Donald Trump had nominated a permanent administrator by July of his first year. Biden's delay in filling this important office is hard to defend.

Darya Minovi | September 9, 2021

Double Disaster in Ida’s Wake: Will EPA Finally Ensure Industrial Facilities Prepare for Climate Change?

On August 29, Hurricane Ida pummeled Louisiana’s coastline with winds as high as 150 miles per hour and a storm surge of up to nine feet, flooding communities and destroying homes. The Category 4 storm displaced thousands of people and left 1 million without power -- all as the coronavirus surge overwhelms hospitals across the state. Amid this chaos, Louisianans faced yet another hazard -- the risk of exposure to toxic pollutants from explosions, flares, and accidental releases at disabled, damaged, or flooded industrial facilities.

Allison Stevens, Jennifer Nichols | September 8, 2021

Workers Aren’t ‘Burned Out.’ They’re ‘Getting Burned’ by the Lack of Policy Protections

Soaring rates of voluntary resignations, widespread labor shortages, and the ubiquity of "Help Wanted" signs put the "labor" back in the Labor Day holiday this year, as employers struggle to respond to a jobs market that seems, for once, to have given workers the upper hand. Story after story blames current labor market conditions on "burnout," an occupational phenomenon the World Health Organization describes as a combination of symptoms that includes emotional exhaustion and reduced personal accomplishment. "Burnout -- and opportunity -- are driving record wave of quitting," the Deseret (Utah) News declared in August. But what if the diagnosis -- or rather, what we call it -- is a symptom of the real problem? Naming the phenomenon for its toll on workers, rather than for the working conditions that drive it, skews our understanding of what's wrong and how to fix it.

Minor Sinclair | September 6, 2021

Labor Day 2021: This May Be the Best Year for Labor in a Generation

Economists are scratching their heads furiously — why is there a labor shortage amidst high unemployment? Everywhere employers are posting “Help Wanted” signs but still face shortage of workers. The last six months of worker disillusionment with the job market shows a new source of power: the power of workers when they withdraw the services of their labor.