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Senate committee advances bill creating rebuttable presumption for farmworker heat‑related injuries when heat‑safety rules are violated
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Summary
AB 1336 would create a rebuttable presumption that a farmworker’s heat‑related injury is work‑related when an employer violated state heat‑illness prevention standards; the Senate committee referred the bill to Appropriations.
Assemblymember Addis presented AB 1336, the Farmworker Heat Illness Prevention Act, saying the bill creates a rebuttable presumption in workers’ compensation for heat‑related illness or death when employers fail to comply with California’s outdoor heat‑illness prevention standards.
Nut graf: Supporters argued that enforcement limitations at Cal/OSHA and a growing number of heat‑related deaths mean employers need stronger economic incentives to comply; opponents said Cal/OSHA enforcement initiatives are under way and argued the bill could have unintended legal and administrative consequences and had been vetoed in prior sessions.
United Farm Workers president Teresa Romero testified in support, recounting past efforts to secure outdoor heat regulations and urging the committee to act to prevent avoidable deaths; Romero said the bill does not change heat regulations or workers’ compensation benefits but changes the evidentiary presumption so a farmworker who proves noncompliance by the employer is presumed to have a work‑related heat injury unless the employer can prove compliance.
Opponents included the California Chamber of Commerce, which cited the governor’s prior veto and raised concerns about tying workers’‑compensation presumptions to compliance findings made by other regulatory processes; farm and grower groups and the workers’ compensation coalition also opposed, noting Cal/OSHA’s expanded enforcement efforts targeted to agriculture.
Committee action: The committee voted to pass AB 1336 with the recorded vote Smallwood‑Cuevas — aye; Strickland — no; Cortese — aye; Durazo — aye; Laird — aye. The motion passed and the bill was referred to Appropriations.
Why it matters: Supporters said the measure would provide stronger incentives for employer compliance with heat‑safety rules amid rising extreme heat and documented farmworker deaths; opponents warned of conflicts with administrative enforcement channels and potential downstream effects on workers’‑compensation adjudication.
