Governor Gavin Newsom has vetoed Assembly Bill 1336, a proposal that would have made it easier for farmworkers to receive workers’ compensation benefits for heat-related injuries when employers fail to follow state heat illness prevention standards.
The measure by Assemblymember Dawn Addis, D-Morro Bay, sought to create a rebuttable presumption that a heat illness “arose out of and in the course of employment” when an employer violated workplace safety rules on heat illness prevention, such as providing access to shade, water and rest breaks. The bill would have established a $5 million Farmworker Climate Change Heat Injury and Death Fund to cover administrative costs for the claims.
Farmworker unions and environmental justice groups argued the measure would have strengthened enforcement by shifting the burden of proof from workers to employers. They contended that many heat-related illnesses go unreported because injured workers fear retaliation or lack evidence of employer negligence.
Matthew Allen, vice president of state government affairs at the Western Growers Association, pointed out that AB 1336 was virtually identical to a measure vetoed last year.
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“The way the bill operates, it doesn't require really any evidence or proof the employer did something incorrectly. It just needs to be a claim filed,” he told Agri-Pulse in August. “That's definitely very problematic.”
The California Department of Finance also flagged fiscal risks at the time, signaling the administration’s opposition.
In his veto message, Newsom reiterated the same concerns he stressed last year that the proposal would blur the lines between Cal/OSHA and the Workers’ Compensation Appeals Board, which are responsible for different aspects of worker protection. Cal/OSHA is charged with setting and enforcing standards, while “the workers’ compensation system is not equipped to make determinations about employers’ compliance with Cal/OSHA standards.”
The governor pointed out that Cal/OSHA recently established an agricultural enforcement task force, which has performed more than 250 inspections. A separate consultation unit worked with employers at 395 worksites over the summer to address heat illness.
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