Source: United States Senator for Massachusetts Ed Markey
Washington (July 16, 2025) – Today, on the heels of another harsh heat wave across California, Senator Edward J. Markey (D-Mass.) joined Senator Alex Padilla (D-Calif.), Representative Judy Chu (D-Calif.-28), and union workers from the United Farm Workers (UFW), American Federation of State, County and Municipal Employees, and United Steelworkers to announce their bipartisan, bicameral legislation to implement federal enforceable workplace heat stress protections.
Co-leads of the legislation include Senator Catherine Cortez Masto (D-Nev.), and Representatives Robert C. “Bobby” Scott (D-Va.-03), Ranking Member of the House Committee on Education and Workforce, and Alma Adams (D-N.C.-12).
To address the increasing risks from extreme temperatures, the lawmakers introduced the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act, legislation to protect the safety and health of indoor and outdoor workers who are exposed to dangerous heat conditions in the workplace. The legislation would protect workers against occupational exposure to excessive heat by requiring the Occupational Safety and Health Administration (OSHA) to establish an enforceable federal standard to protect workers in high-heat environments with commonsense 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. The bill also directs 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.
The bill is named in honor of Asunción Valdivia, who died in 2004 after picking grapes for 10 hours straight in 105-degree temperatures. Mr. Valdivia fell unconscious, but 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.
“Even as heat waves become more frequent, longer-lasting, and more severe, red state politicians are rolling back heat protections and child labor protections across the country. It’s not rocket science—you cannot be pro-worker if you are anti-heat protection,” said Senator Markey. “Our legislation would provide workers with basic, effective protections: access to water, access to shade, time limits on high heat exposure, and procedures for emergency medical response. Every worker deserves to know when they clock in that they will return home safe at the end of their shift. The thermometer is rising and the clock is ticking. Republicans want to sacrifice working Americans. Let’s save our workers instead.”
“Asunción Valdivia’s death was completely preventable, yet his story is sadly not unique. As the planet continues to grow hotter, there is still no federally enforceable heat safety standard for workers. That’s not just dangerous for the farm workers and construction workers who work all day outside in the sun — it’s also dangerous for the factory and restaurant workers in boiling warehouses and kitchens,” said Senator Padilla. “Every family deserves to know that even on the hottest day, their loved one will come back home. A national heat safety standard would provide that peace of mind and finally give workers the safety they deserve.”
“From farmhands to construction workers, America’s essential workforce is doing important work while under extreme heat conditions,” said Senator Cortez Masto. “Temperatures continue to reach record highs in Nevada and across the United States. We must act now to protect our communities’ vital workers.”
“As we continue to experience record-breaking summer heat waves, we’re also seeing a distressing increase in cases of workers collapsing and even losing their lives due to excessive heat. I will never forget people like Asunción Valdivia or Esteban Chavez Jr., who passed away in Pasadena, California in 2022 after a day of delivering packages in 90-degree heat in a truck without air conditioning. Unfortunately, their tragic deaths were entirely preventable,” said Representative Chu. “Whether on a farm, driving a truck, or working in a warehouse, workers like Asunción and Esteban keep our country running while enduring some of the most difficult conditions—often without access to water or rest. To protect our workforce and save lives, we must pass this bill into law and establish comprehensive and enforceable federal standards addressing heat stress on the job.”
“This summer, Americans across the country are grappling with some of the hottest temperatures on record. Yet workers in this country still have no legal protection against excessive heat—one of the oldest, most serious, and most common workplace hazards. Heat illness affects workers in our nation’s fields, warehouses, and factories, and climate change is making the problem more severe every year,” said Ranking Member Scott, House Committee on Education and Workforce. “This legislation will require OSHA to issue a heat standard on a much faster track than the normal OSHA regulatory process. I was proud to advance this important bill in 2022, and I urge Chairman Walberg and Committee Republicans to do so again this Congress. Workers deserve nothing less, particularly as heat-related illnesses and deaths rise.”
“As we face record temperatures, it has never been more important that we protect our workers facing extreme heat in the workplace,” said Representative Adams. “Last year, a North Carolina postal worker Wendy Johnson lost her life to heat illness after spending hours in the back of a postal truck on a 95-degree day with no air conditioning. Her death was entirely preventable, and Wendy should still be with us today. I’m proud to introduce this bill so we can honor her memory and ensure every worker has the protections from extreme heat that Wendy deserved.”
According to the National Oceanic and Atmospheric Administration (NOAA), 2024 was the warmest year on record for the United States. The past decade, including 2024, was the hottest on record, marking a decade of extreme heat that will only get worse. Heat-related illnesses can cause heat cramps, organ damage, heat exhaustion, stroke, and even death. Between 1992 and 2017, heat stress injuries killed 815 U.S. workers and seriously injured more than 70,000. The Washington Center for Equitable Growth estimates hot temperatures caused at least 360,000 workplace injuries in California from 2001 to 2018, or about 20,000 injuries a year. The failure to implement simple heat safety measures costs U.S. employers nearly $100 billion every year in lost productivity.
From 2011-2020, heat exposure killed at least 400 workers and caused nearly 34,000 injuries and illnesses resulting in days away from work; both are likely vast underestimates. Farm workers 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 Illness, Injury, and Fatality Prevention Act has the support of a broad coalition of over 250 groups, including: Rural Coalition, International Brotherhood of Teamsters, AFL-CIO, UNITE HERE!, Communication Workers of America, Alianza Nacional de Campesinas, Sierra Club, 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, National Resources Defense Council, American Lung Association, and Health Partnerships.
“Every worker safety rule in America is written in blood,” said UFW President Teresa Romero. “The UFW has been fighting for heat safety protections for decades. Over 20 years later, Asuncion Valdivia’s death still hurts. There are so many other farm workers — many whose names we do not know — who have also been killed by extreme heat on the job in the years since. Enough is enough. Every farm worker deserves access to water, shade, and paid rest breaks — it’s past time for Congress get this done.”
“Too many workers – including AFSCME members – have lost their lives on the job as a result of blistering heat waves and record-breaking temperatures,” said AFSCME President Lee Saunders. “As the number of heat-related illnesses and fatalities continue to rise, it is well past time we adopt nationwide safeguards to better protect the workers who maintain our infrastructure, keep our streets clean, harvest our food, and keep our economy moving. We at AFSCME thank Senator Padilla and Representative Chu for introducing the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act, which will ensure essential workers who brave the heat can do their jobs safely and effectively, and most importantly, make it home alive.”
“For the Steelworkers Union, we represent workers in manufacturing settings and in a host of other areas where not only is it hot outside, but the areas that they work around are as hot as up to 3,000 degrees and they must wear protective equipment. The Asunción Valdivia Heat, Illness, Injury, and Fatality Prevention Act is important because it will provide a basic standard for not just outdoor, but indoor workplaces as well to ensure that there is proper rest breaks and the ability to stay cool. The Steelworkers are absolutely supportive of this bill and are going to work with Republicans and Democrats to ensure that heat illness is the last thing a worker should worry about,” said Roy Houseman, Legislative Director of United Steelworkers.
“Everyone deserves safe working conditions, but powerful corporations have not done enough to protect their workers from hot working environments, exacerbated by the climate crisis,” said Liz Shuler, President of the AFL-CIO. “Extreme heat is increasingly causing indoor and outdoor workers to collapse or even die on the job, and our union family has already lost too many members to preventable, work-related heat illness. The Occupational Safety and Health Administration (OSHA) must issue a strong heat rule, not a weak one, to ensure workers have specific protections they need and to be able to raise unsafe working conditions without fear of retaliation.”
“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.”
“Workers in America are facing unprecedented dangers from climate-driven heat and extreme weather, and things are only getting worse. It is far past time for a strong national standard to protect workers from illness and death caused by exposure to extreme heat. The provisions mandated in this bill, including temperature triggers, acclimatization, water, shade and paid rest breaks, would save countless lives. They represent a common sense and common decency approach that employers could quickly adopt. American workers deserve no less, and they urgently need it. Today, OSHA is in the final stage of issuing a final rule on this issue. It is imperative that the rule maintain the integrity and high standards called for in the Asuncíon Valdivia Heat Illness, Injury, and Fatality Prevention Act. We applaud Senators Padilla, Markey, and Cortez Masto and Representatives Chu, Adams, and Scott, as well as the dozens of Senators and Congresspersons who have joined them in this long effort. It’s time to bring a high quality, protective standard to the finish line for American workers,” said Ernesto Archila, Climate and Financial Regulation Policy Director, Public Citizen.
“Every summer high temperature records get broken in states across the country, and while public health officials urge residents to stay inside and stay safe millions of workers have to report for work. From fields to warehouses, airports to schools, construction sites to manufacturing plants, and many more industries, too many workers are at risk of not getting home safely at the end of the day due to exposure to heat on the job. We know how to prevent these dangers. In fact, both outdoor and indoor workers in states like Oregon, California, and Maryland have strong, enforceable protections in place already. And in Washington, Colorado, and Minnesota at least some categories of workers are being kept safe from heat. But millions labor in other states where there are no protections; worker safety is left to the federal government in these states, and absent strong rules workers are left to protect themselves and hope for the best. We must extend workplace protections from heat to all workers. The National Employment Law Project thanks Senator Padilla and Representative Chu, as well as the dozens of Senators and Congresspersons who have cosponsored the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025,” said Anastasia Christman, Senior Policy Analyst, National Employment Law Project.
The bill is cosponsored by Senators Angela Alsobrooks (D-Md.), Tammy Baldwin (D-Wis.), Richard Blumenthal (D-Conn.), Lisa Blunt Rochester (D-Del.), Cory Booker (D-N.J.), John Fetterman (D-Pa.), Ruben Gallego (D-Ariz.), Kirsten Gillibrand (D-N.Y.), Martin Heinrich (D-N.M.), Mazie Hirono (D-Hawaii), Mark Kelly (D-Ariz.), Ben Ray Luján (D-N.M.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Adam Schiff (D-Calif.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.).
A one-pager on the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act is available here.
A section-by-section of the bill is available here.
Full text of the bill is available here.