Other states protect workers from heat stroke. Why doesn’t New Jersey? | Opinion
By Star-Ledger Guest Columnist
By Tanya Goldman & Raj Nayak
Too many workers across New Jersey and the nation work in excessive heat, and the problem is getting worse. But after last month’s election, some workers fear that help — and workplace protections — will be stunted.
That’s why New Jersey cannot wait for the federal government to take action.
We all know it’s getting hotter out there, with last summer being one of the hottest on record. Studies show that New Jersey’s average temperature is actually increasing faster than any other state over the past 100 years.
That could mean trouble when you’re on the job. When you’re exposed to excessive heat -- such as when working in construction, warehousing, delivery, or agriculture -- you are at risk of dangers ranging from heat stroke to death. In fact, heat is the nation’s leading cause of weather-related death in our nation. The US hasn’t been able to capture every heat-related workplace incident in our public health statistics, but even our limited datashow an average of 3,400 heat-related injuries and illnesses on the job every year, and about 40 deaths.
That’s why the Biden Administration has made a commitment to taking on heat – an effort that both of us were involved in when we were at the labor department. Since 2021, the Occupational Safety and Health Administration (OSHA), acting on orders from President Biden, has stepped up its Heat Illness Preventioncampaign and ramped up enforcement to protect workers from the potentially deadly effects of toiling in hot or humid conditions. Later that same year, they asked the public for inputon how workplace rules should best protect workers from heat.
And in July, OSHA issued proposed rules to protect workers from heat by requiring employers to come up with a plan. When heat increases risks to workers, employers would have to provide common sense protections like water, rest breaks, and shade outdoors. But OSHA’s proposed rule would protect indoor workers, too, since heat risks can be equally dangerous inside without enough protections. Responsible employers are already taking these seemingly simple but potentially lifesaving steps, but too many do not – and for workers, the consequences can be deadly.
But now the fate of the proposed rule is in question. President-elect Trump hasn’t commented on the rule in particular, but he has promised a wholesale revision of federal regulations. Trump has empowered billionaire Elon Musk to roll back “thousands of regulations,” which doesn’t bode well for new workplace protections. Meanwhile, Trump’s prior appointees to the Supreme Court have struck down federal protections like clean air laws, placing these workplace rules in the crosshairs as well.
The good news is that New Jersey doesn’t have to count on the federal government at a time when all bets are off.
Lawmakers are considering a bill now to protect workers. Four other states have established their own commonsense heat protections for workers – Washington, Oregon, California, and Maryland – including the sorts of measures that OSHA has proposed. Those states are proving that water, rest, and climate controls like shade aren’t too much to ask.
Because of the way OSHA works, New Jersey’s law would fall away if and when OSHA completes its federal standard. But that’s another benefit for New Jersey. If the Supreme Court strikes down OSHA’s future heat rule, New Jersey’s can spring back into action.
For all of these reasons, we urge New Jersey to finish the job for the state and be a leader in protecting workers from heat. The state’s workers have waited too long for these essential protections.
Tanya Goldman is a fellow at the National Partnership for Women and Families and Workshop and former Senior Counselor to the Secretary of Labor. Raj Nayak is a fellow at the Center for Labor and a Just Economy at Harvard Law School and former Assistant Secretary for Policy at the US Department of Labor.
