California 2023-2024 Regular Session

California Senate Bill SB1299

Introduced
2/15/24  
Introduced
2/15/24  
Refer
2/29/24  
Refer
3/21/24  
Report Pass
4/10/24  
Report Pass
4/10/24  
Refer
4/10/24  
Refer
4/10/24  
Report Pass
4/24/24  
Report Pass
4/24/24  
Refer
4/24/24  
Refer
4/24/24  
Report Pass
5/16/24  
Report Pass
5/16/24  
Engrossed
5/22/24  
Engrossed
5/22/24  
Refer
6/3/24  
Report Pass
6/26/24  
Report Pass
6/26/24  
Refer
6/26/24  
Refer
6/26/24  
Report Pass
8/15/24  
Report Pass
8/15/24  
Enrolled
8/29/24  
Vetoed
9/28/24  

Caption

Farmworkers: benefits.

Impact

The bill is expected to significantly affect the landscape of California's labor laws, particularly for agricultural workers. By instituting a presumption favoring the employee regarding heat-related injuries, SB 1299 shifts the burden of proof to employers. It also emphasizes the obligation of agricultural employers to adhere to established heat illness prevention standards. Additionally, the bill creates the Farmworker Climate Change Heat Injury and Death Fund, allocated a one-time $5 million to cover administrative costs associated with implementing these provisions. This fund aims to bolster the state's ability to tackle the challenges posed by climate change on farmworker health and safety.

Summary

Senate Bill 1299, introduced by Senator Cortese, aims to enhance protections for farmworkers against heat-related injuries attributable to rising temperatures driven by climate change. The bill establishes a disputable presumption that any heat-related injury occurring after outdoor work for an employer in the agricultural sector, who fails to comply with heat illness prevention standards, is considered work-related. This presumption, unless successfully rebutted by the employer, mandates that the appeals board rules in favor of the employee, thus streamlining the workers' compensation claims process for farmworkers suffering from heat-related illnesses and injuries.

Sentiment

The sentiment surrounding SB 1299 appears largely positive among advocates for farmworker rights and safety, as they see it as a necessary step in protecting a vulnerable workforce. However, there is potential contention from agricultural employers who may view the presumption as an additional burden on their operations. Discussions around the bill have highlighted concerns regarding the implications of increased litigation and the costs associated with compliance, as employers may need to enhance training and implement more rigorous health and safety measures to align with the new standards.

Contention

Notable points of contention in the discussions around SB 1299 include the feasibility of enforcing compliance among employers and the adequacy of the proposed funding for the Farmworker Climate Change Heat Injury and Death Fund. Critics express concerns that while the intention is to improve farmworker safety, the practical implementation of these provisions could lead to unintended consequences, such as increased legal disputes and challenges in proving compliance with the heat illness prevention standards. Further, there's apprehension about how swiftly employers can adapt to the changes required by this legislation, particularly in the context of California's agricultural sector, which is already under pressure from labor shortages and economic constraints.

Companion Bills

No companion bills found.

Previously Filed As

CA AB1336

Farmworkers: benefits.

CA AB2915

Attorney General: farmworkers: sexual assault and harassment.

CA SB1066

California Farmworkers Drought Resilience Pilot Project.

CA SB558

Farmworker Climate Resilience Adaptation Program.

CA AB3035

Farmworker housing.

CA SB262

California Farmworkers Drought and Flood Resilience Pilot Project.

CA AB408

Climate-resilient Farms, Sustainable Healthy Food Access, and Farmworker Protection Bond Act of 2024.

CA AB941

Farmworker assistance: resource centers.

CA AB1028

Workers’ compensation.

CA SB4545

Disaster Relief for Farmworkers Act of 2024

Similar Bills

CA AB1336

Farmworkers: benefits.

CA AB1028

Workers’ compensation.

CA AB1329

Workers’ Compensation: Subsequent injuries payments.

CA SB129

Labor.

CA AB129

Labor.

CA AB693

Broadband: state oversight.

CA AB2575

Broadband: state oversight.

CA SB774

Research program: firefighting: wildland and wildland-urban interface.