By creating a clear legal presumption in favor of injured farmworkers, AB 1336 aims to lower the barriers for these individuals when seeking workers' compensation benefits. It also establishes the Farmworker Climate Change Heat Injury and Death Fund, which will be financed by a one-time transfer of $5 million to assist with the administrative costs associated with this presumption. This legislation underscores the pressing need to address occupational safety as extreme weather events become more common due to climate change.
Assembly Bill 1336, introduced by Assembly Member Addis, seeks to enhance the protections for farmworkers in California facing increasing temperatures due to climate change. The bill establishes a disputable presumption that any heat-related injuries sustained by farmworkers arise out of employment if the employer fails to comply with established heat illness prevention standards. This presumption means that the burden of proof falls on the employer to disprove the association between the injury and their employment, which could greatly facilitate injured workers securing the benefits they need.
While the bill appears to prioritize worker safety, there are potential points of contention regarding compliance from agricultural employers who may argue about the economic impact of these new regulations. Additionally, the bill does not propose changes to existing heat-related regulations but focuses on the enforcement of those already in place. Critics may assert that the collection of data on heat-related injuries and compliance may be challenging, potentially leading to disputes over employers’ accountability in providing a safe workplace.
The bill's introduction comes as communities in California face record-breaking heat, heightening the urgency for improved regulations in response to climate change. Given that many farmworkers are immigrants and face significant barriers such as language access and fear of retaliation, advocates argue that this legislation is a necessary step to support vulnerable populations who are disproportionately affected by rising temperatures and health risks.