When Laws Threaten Our Physical Boundaries: The Impact of Harmful Legislation on Worker Health

As what is expected to be Hurricane Helene makes its way toward my home, I am thinking quite a bit about heat. Yes - heat. It's been a scorcher of a summer here in Florida, one of five states with the warmest summer on record according to the National Oceanic and Atmospheric Association (NOAA). NOAA (through the National Hurricane Center) also tracks hurricanes, and it's well known that warmer waters make for stronger and more dangerous hurricanes.

NBC News: A summer marked by extreme, record-setting heat in the U.S. comes to a close

So in this summer of record heat, and in a state like Florida where it will stay hot as most of the U.S. enters fall, I've been intrigued by efforts to prohibit worker protections from extreme heat. Florida and Texas have passed laws prohibiting local authorities from enacting worker protections against extreme heat, while failing to enact any state level protections. These protections could include things like providing water, access to shade, and required breaks. While most states don't have such laws (currently, only CA, CO, MN, NV, OR, and WA do), workers in all states are covered by the General Duty Clause that exists under the Occupational Safety and Health Act to provide a workplace free from hazards that cause or are likely to cause death or serious harm.

The dangers of working in extreme heat are well-documented. Heat stress can lead to serious conditions like heat exhaustion, heat stroke, and even death. Despite these risks, the United States has no federal standard that protects workers from heat-related illness, although according to the Economic Policy Institute, the Biden-Harris administration has issued a proposed rule to regulate heat stress in the workplace.

So why am I writing about this kind of legislation in a newsletter about boundaries? Worker health and safety are paramount to creating a fair and humane work environment. Respect for physical boundaries is part of total worker well-being, meeting a fundamental need we all have for physical safety. Yet, in recent years, we’ve seen a troubling trend: legislation like these laws in Florida and Texas that not only fail to protect workers but actively threatens their health and well-being.

What boundaries are at play?

Today's newsletter is mostly focused on physical boundaries. However, it's important to remind readers about the Surgeon General's Framework for Mental Health & Well-Being. Protection from harm through workplaces that provide physical and psychological safety is fundamental to our well-being. A report by Public Citizen found that extreme heat killed at least 815 workers in the U.S. between 1992 and 2017 and seriously injured more than 70,000, and that the impacts are likely understated. According to a Bureau of Labor Statistics report, there were 5,486 worker deaths in 2023, or 3.7 deaths for every 100,000 full-time equivalent workers.

Office of the U.S. Surgeon General, Five Essentials for Workplace Mental Health and Wellbeing

What policies are at play?

Heat protection laws are just one example of how legislation can endanger workers. Here are other types of legislation that also threaten worker protections and physical safety:

Rollback of Ergonomic Standards

In 2001, Congress repealed OSHA’s ergonomic standards, which were designed to prevent work-related musculoskeletal disorders. These disorders, caused by repetitive motion, heavy lifting, or awkward postures, are among the most common and costly workplace injuries. Without these protections, workers in physically demanding jobs are at greater risk of injury. Like for extreme heat, employers can be cited under the Occupational Safety and Health Act's General Duty Clause for ergonomic hazards.

Restrictions on Workers' Compensation

Several states have passed laws that make it more difficult for workers to claim compensation for injuries sustained on the job. For example, some states have imposed stricter time limits on filing claims or have narrowed the definition of a compensable injury. These changes shift the burden of workplace injuries onto workers, who may struggle to cover medical expenses or lose wages due to injury. Learn more in Forbes Advisor Workers' Compensation Laws by State (2024 Guide).

Economic Policy Institute, Map of Right To Work Laws

Anti-Union Legislation

Laws that weaken unions also weaken worker protections. Unions have historically played a crucial role in advocating for safer working conditions, fair wages, and reasonable hours. However, right-to-work laws and other anti-union measures undermine these efforts, making it harder for workers to organize and collectively bargain for their rights. According to an analysis by the Economic Policy Institute, these laws lead to lower wages and benefits for employees and increased worker fatality rates.

Who is most impacted?

According to this very cool StoryMap by the Union of Concerned Scientists, Black and Hispanic or Latino people make up 45% of the outdoor workforce, despite comprising just 32% of the U.S. population (this is an example of what we mean by "disparity"). And according to an analysis by KFF, in Florida and Texas - the two states that have pre-empted local heat protections for workers - nonimmigrant citizens make up about 12% of the overall workforce but a significantly higher percentage of the outdoor workforce.

KFF, Noncitizen Immigrants Play Outsized Roles in Certain Occupations in Florida and Texas

In addition, check out some of these alarming stats from the Bureau of Labor Statistics report linked earlier:

• The fatal injury rate for Black and Hispanic or Latino workers increased from 2021 to 2022 with rates up from 4.0 to 4.2 and 4.5 to 4.6 per 100,000 FTE workers, respectively. The rates for these groups were both higher than the all-worker rate of 3.7.

• The leading causes of fatalities include transportation incidents, violence and other injuries by persons or animals, and falls, slips, or trips.

• Foreign-born Hispanic or Latino workers accounted for 63.5% of total Hispanic or Latino worker fatalities.

• Women made up 8.1% of all workplace fatalities, while workers in the 55 to 64 age group made up 21.4% of all fatalities (the highest of all groups).

What can you do with this information?

🦺 Advocate for Fair and Safe Workplaces. Contact your local representatives to express support for worker safety regulations, or join advocacy groups that promote labor rights.

🏬 Support Local Businesses that Prioritize Worker Well-being. Research and patronize companies that have strong records of treating their employees well. Share these businesses with your network to encourage others to do the same.

⚖ Promote Workplace Responsibility. If you’re in a leadership position, implement workplace policies that go beyond legal requirements to ensure the safety and well-being of your employees. If not, advocate for these policies in your workplace.

👩🏽 Educate and Raise Awareness. Host or participate in community discussions or workshops focused on the importance of worker rights and safety. Share educational materials and resources on social media.

📢 Engage in Civil Discourse. Participate in forums or discussions with people of different political views to find common ground on issues related to worker safety. Focus on shared values like fairness, responsibility, and the importance of a healthy workforce.

The Broader Impact

When laws roll back worker protections, the consequences extend beyond individual workers to affect public health and economic stability. Workers who suffer from preventable injuries or illnesses may face long-term health issues, decreased productivity, and financial hardship. This, in turn, can strain public health systems and increase the economic burden on communities.

As we advocate for healthier workplaces, it’s crucial to recognize and resist legislation that threatens our physical boundaries and compromises worker health. Whether it’s pushing for heat protection laws, defending ergonomic standards, or supporting the right to unionize, we must continue to fight for policies that prioritize the well-being of all workers.