Bill > AB1336

This bill creates a disputable presumption that heat-related injuries suffered by farmworkers are work-related when an agricultural employer fails to comply with heat illness prevention standards, effective until January 1, 2031. The bill aims to address increasing heat-related risks for farmworkers, particularly noting that approximately 77 percent of farmworkers are born outside the United States and may fear reporting injuries. If an employer does not follow specific heat illness prevention requirements, such as providing shade, water, cooldown rest periods, and effective prevention training, any heat-related injury, illness, or death that develops during or within the pay period of heat exposure will be presumed to be work-related. The Workers' Compensation Appeals Board must find in favor of the employee unless the employer provides contrary evidence. The bill establishes a new Farmworker Climate Change Heat Injury and Death Fund with a one-time transfer of $5 million to cover administrative costs, and specifies that compensation will include medical treatment, disability benefits, and death benefits. Importantly, the bill's determination cannot be used in Cal-OSHA investigations or Occupational Safety and Health Appeals Board proceedings. The legislation is motivated by record-breaking heat waves in California and a significant increase in suspected farmworker heat-related deaths, with the goal of protecting vulnerable agricultural workers from climate change-related risks.

Budget and Finance, Business and Industry, Labor and Employment

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB1336