California Governor Gavin Newsome vetoed Senate Bill 1299, which would have created a workers’ comp presumption for heat-related injuries for farmworkers if employers failed to meet safety standards.

Outdoor heat rules currently require employers to provide shade, water, and rest breaks for outdoor workers, with further monitoring for the signs of heat-illness in high-risk jobs like agriculture and construction.

The governor’s veto stated that heat safety enforcement should fall under Cal/OSHA, not the workers’ compensation system. However, many have found this explanation unacceptable as Cal/OSHA in recent years has conducted fewer heat inspections of worksites per year, issuing fewer violations since the COVID-19 pandemic, despite heat in California growing more intense.

Advocates for the bill claim the creating a workers’ comp presumption would make employers more likely to comply with current heat rules.

Many have pointed to a recent CWCI study noting that there were only 659 heat-related illness claims filed by agricultural workers from 2019-2023 – making up less than 1% of claims by agricultural workers.

However, considering a significant portion of agricultural workers in California tend to be migrant workers, many claim that a significant amount of injuries – including heat injuries – are underreported.