"Newsom vetoes bill aiming to increase protections for farmworkers overcome by heat"

Gov. Gavin Newsom has vetoed a bill that aimed to make it easier for farmworkers to make a workers’ compensation claim for heat illness.

SB 1299 would have changed the burden of proof in workers’ compensation claims when a farmworker develops a heat-related injury after laboring outdoors for an employer who fails to comply with the state’s heat safety standards. Instead of the farmworker having to prove the injury occurred on the job, as is typical in workers’ compensation cases, it would have been the employer’s responsibility to prove the illness was not work-related.

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In a veto message issued Saturday, Newsom said ....."the creation of a heat-illness presumption in the workers’ compensation system is not an effective way to accomplish [the goal of heat protection for workers],” he said. Newsom said heat safety rules are currently enforced by the California Division of Occupational Safety and Health, known as Cal/OSHA, which is better equipped to enforce those worker protections.

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Opponents of the bill, including the California Chamber of Commerce and the California Farm Bureau, acknowledged the importance of protecting farmworkers from heat illness, but had argued the issue should not be addressed through the workers’ compensation system.