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The Climate Crisis and Heat Stress: Maryland Farms Must Adapt to Rising Temperatures

A blog post published last month by the Chesapeake Bay Program, a collaborative partnership focused on Bay restoration, addressed the many ways that the climate crisis will affect farms in the region. Data from the program shows temperatures on Maryland’s Lower Eastern Shore, home to a high concentration of industrial poultry farms, increased between 2 to 2.5 degrees Fahrenheit, on average, between 1901 and 2017. By 2080, temperatures in the Chesapeake Bay watershed are projected to increase by 4.5 to 10 degrees, posing a serious risk of heat stress to farmworkers and livestock.

As the post discusses, rising temperatures can hurt farms in several ways. Warmer temperatures make for a longer growing season, which may temporarily promote higher crop yields but can also stress water resources and result in additional fertilizer application, which is not what the doctor ordered for the Bay’s nutrient pollution problem. Increasing temperatures can also create an environment primed for new weeds and pests, threatening crops and creating a demand for still more hazardous pesticides. Heat stress may also disrupt bodily functions of livestock and make them more susceptible to disease.

Rising temperatures can also affect farmworkers themselves. Direct sunlight in expansive fields can increase the heat index, or “feels like” temperature, by up to 15 degrees, and clothing layers used to protect against pesticide and other chemical exposures can add another 12 degrees. The resulting excessive heat exposure can cause illnesses ranging from cramps to death. It can also elevate the risk of injuries caused by cognitive impairment or generate other hazards such as fogged-up safety glasses.

In the United States, farmworkers die of heat-related causes at approximately 20 times the rate of workers in all other civilian occupations. The federal Occupational Safety and Health Administration (OSHA) encourages heat stress prevention measures, such as providing drinking water and shade, and training workers to recognize the signs of heat stress. However, the agency has declined to require such measures, failing to adopt an enforceable standard that would protect workers from exposure to excessive heat. Research also shows that many employers fail to implement proper controls or training, one reason why so many farmworkers die from heat stress. Plainly, OSHA's "encouragement" is not as effective as an actual standard would be.

Working to fill that void, in May, the Maryland legislature enacted HB 722, which directs the state’s Occupational Safety and Health agency (MOSH) to develop and adopt a standard that requires employers to protect workers from heat-related illness caused by heat stress, with a deadline of October 2022. This is a major step forward in protecting Maryland workers. To make the rollout of the new standard most meaningful, MOSH must also ramp up enforcement efforts to ensure employers are implementing the new safeguards and providing necessary training.

MOSH should also adopt guidance and informational materials for employers and workers and assist employers with incorporating the new standard seamlessly into their workplaces. Likewise, MOSH should remind workers of their right to raise concerns about heat stress, free from retaliation, and pay special attention to whistleblower complaints related to heat concerns as the agency moves forward with the new standard.

One heat-related necessity that farmworkers across the country have long advocated for is access to adequate shade. While permanent structures are absolutely necessary, and MOSH should require them as part of its new standard, they should be coupled with another intervention that may provide co-benefits for the environment, livestock, and farmworkers: riparian forest buffers.

The state's Department of Agriculture defines a riparian forest buffer as “an area of trees, woody shrubs, and other vegetation located adjacent to and up-gradient from waters of the state” – shady places uphill from water, in other words. To encourage them, the department offers grants to plant riparian forest buffers through the Maryland Agricultural Cost-Share (MACS) Program, which helps farmers implement measures to prevent soil erosion and protect water quality in the state’s streams and rivers and the Chesapeake Bay.

Such buffers help achieve these environmental goals because tree and plant roots filter nutrients and pesticides, stabilize banks from erosion, and slow the flow of surface water, allowing sediment to settle before reaching a stream. Beyond that, however, canopies formed by trees and other plants in riparian buffers provide shade (and other cooling effects through evapotranspiration) to livestock and, at least temporarily, to farmworkers. As anyone who's sought shade on a hot day can attest, that can make an enormous difference. Studies prove it, finding that peak air temperatures in tree groves are 9 degrees cooler than in open areas and that air temperatures over irrigated agricultural fields are 6 degrees cooler than air above bare fields.

The Chesapeake Bay Program partners (Maryland, Virginia, West Virginia, Pennsylvania, Delaware, New York, and the District of Columbia) have committed to increasing riparian forest buffer coverage in the watershed. In 2014, the Chesapeake Bay Watershed Agreement reaffirmed a 2003 goal to restore 900 miles of riparian buffers throughout the region. However, despite a spike in buffer miles planted in 2016, progress has slowed in Maryland in recent years. One encouraging development is the enactment of Maryland’s SB597 in May (on the same day as the MOSH heat stress directive), which altered the funding criteria under the MACS Program to ensure that “fixed natural practices” such as riparian forest buffers and tree plantings on agricultural land are adequately and continuously funded.

What remains to be seen is whether these changes, and perhaps more importantly, MOSH’s new heat stress standards, are enforced and measurably improve conditions for farmworkers.

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Darya Minovi | June 18, 2020

The Climate Crisis and Heat Stress: Maryland Farms Must Adapt to Rising Temperatures

A blog post published last month by the Chesapeake Bay Program, a collaborative partnership focused on Bay restoration, addressed the many ways that the climate crisis will affect farms in the region. Data from the program shows temperatures on Maryland’s Lower Eastern Shore, home to a high concentration of industrial poultry farms, increased between 2 to 2.5 degrees Fahrenheit, on average, between 1901 and 2017. By 2080, temperatures in the Chesapeake Bay watershed are projected to increase by 4.5 to 10 degrees, posing a serious risk of heat stress to farmworkers and livestock.

Thomas McGarity | June 17, 2020

OSHA, Other Agencies Need to Step Up on COVID-19, Future Pandemics

Governments and industries are "reopening" the economy while COVID-19 continues to rage across the United States. At the same time, the lack of effective, enforceable workplace health and safety standards puts workers and the general public at heightened risk of contracting the deadly virus. In a new report from the Center for Progressive Reform, Sidney Shapiro, Michael Duff, and I examine the threats, highlight industries at greatest risk, and offer recommendations to federal and state governments to better protect workers and the public.

Katlyn Schmitt | June 16, 2020

Environmental Justice Impacts of COVID-19 on the Delmarva Peninsula

On June 9, the House Energy and Commerce Committee's Subcommittee on Environment and Climate Change held a remote hearing, “Pollution and Pandemics: COVID-19’s Disproportionate Impact on Environmental Justice Communities.” The Center for Progressive Reform, joined by Fair Farms, Sentinels of Eastern Shore Health (SESH), and the Sussex Health and Environmental Network submitted a fact sheet to subcommittee members outlining the impacts of COVID-19 on the Delmarva Peninsula, along with a number of recommendations for building a more sustainable model for the region. The area is home to a massive poultry industry, hit hard by the coronavirus pandemic. We addressed several of the most severe problems in our fact sheet.

Michael C. Duff | June 15, 2020

Pandemic Heroes Compensation Act of 2020: Preliminary Observations on the Proposed Bill

While I suspect that workers' compensation claims, even without the aid of workers' compensation causation presumptions, may fare better than some actuaries suspected (preliminary scuttlebutt of about a 40 percent success rate is higher than I expected), there is no reasonable doubt that large numbers of workers will ultimately go uncovered under workers' compensation during the COVID-19 pandemic.

Katlyn Schmitt, William Andreen | June 11, 2020

The Final Countdown: Five Years Left Until Chesapeake Bay Cleanup Agreement Deadline

We are five years out from the final 2025 deadline for the Chesapeake Bay cleanup agreement, known as the Bay Total Maximum Daily Load (TMDL). With the approval of the U.S. Environmental Protection Agency (EPA), each of the Bay states has finalized the three required phases of their Watershed Implementation Plans (WIPs). This month, those states have released their draft 2020-2021 milestones, which, when final, will set out the key short-term goals states will work toward, stepping up their restoration work so that they can stay on track to meet their final 2025 pollution reduction goals.

Brian Gumm, Katie Tracy | June 11, 2020

Court Order Okays OSHA Inaction on COVID-19

In a June 11 order, the D.C. Circuit Court of Appeals denied an AFL-CIO writ of mandamus asking the court to compel the Occupational Safety and Health Administration (OSHA) to do more to protect workers from infectious diseases, such as COVID-19. The order continues the dangerous status quo of workers laboring with no enforceable protections from the highly contagious and deadly virus.

Alice Kaswan | June 10, 2020

Black Lives Matter and the Environment

Black lives matter. As we contemplate the scope of structural racism, we find that “Black Lives Matter” needs to be said over and over again. We say it as we push for policing that protects rather than threatens. And we can keep saying it. Like when we talk about having available, affordable health care. Having access to technology and broadband, a quiet space, and time when the classroom becomes off limits due to a pandemic or climate-driven extreme weather. Finding an affordable place to live and landlords who don’t discriminate. Finding meaningful work and getting a promotion. Finding fresh food. Getting respect. And then there’s the environment. We still see stark disparities in exposures to environmental harms in our country.

Darya Minovi | June 9, 2020

It’s Hurricane Season. Will State and Federal Agencies Act to Reduce Public Health Hazards from Toxic Flooding?

June 1 marked the start of hurricane season for the Atlantic Basin. While not welcome, tropical storms, strong winds, and storm surges are an inevitable fact of life for many residents of the Eastern Seaboard and the Gulf Coast. As a new paper from the Center for Progressive Reform explains, with those storms can come preventable toxic flooding with public health consequences that are difficult to predict or control.

Michael C. Duff | June 3, 2020

Federal District Court Rebuffs Trump Labor Board for Shirking Rulemaking Requirements

For decades, commentators have complained about how long it can take for workers attempting to unionize to simply get an election in which workers make an up-or-down decision on whether to form a union. For many years, employers were able to raise hyper-formalistic legal arguments that took so long to resolve that the employees initially interested in forming a union had often moved on to other employment. In far too many cases, employers also unlawfully coerce workers during the delay, and those workers eventually withdraw their support for the union. After much internal wrangling, the National Labor Relations Board (NLRB) enacted a series of new election procedures in 2014, but after Donald Trump took office, the Board published a “Request for Information” in December 2017 that implicitly questioned the continuing need for, and efficacy of, a rule that was little more than two years old.