[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] FROM THE FIELDS TO THE FACTORIES: PREVENTING WORKPLACE INJURY AND DEATH FROM EXCESSIVE HEAT ======================================================================= HEARING before the SUBCOMMITTEE ON WORKFORCE PROTECTIONS COMMITTEE ON EDUCATION AND LABOR U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ HEARING HELD IN WASHINGTON, DC, JULY 11, 2019 __________ Serial No. 116-33 __________ Printed for the use of the Committee on Education and Labor [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: www.govinfo.gov or Committee address: https://edlabor.house.gov ______ U.S. GOVERNMENT PUBLISHING OFFICE 37-319 PDF WASHINGTON : 2021 COMMITTEE ON EDUCATION AND LABOR ROBERT C. ``BOBBY'' SCOTT, Virginia, Chairman Susan A. Davis, California Virginia Foxx, North Carolina, Raul M. Grijalva, Arizona Ranking Member Joe Courtney, Connecticut David P. Roe, Tennessee Marcia L. Fudge, Ohio Glenn Thompson, Pennsylvania Gregorio Kilili Camacho Sablan, Tim Walberg, Michigan Northern Mariana Islands Brett Guthrie, Kentucky Frederica S. Wilson, Florida Bradley Byrne, Alabama Suzanne Bonamici, Oregon Glenn Grothman, Wisconsin Mark Takano, California Elise M. Stefanik, New York Alma S. Adams, North Carolina Rick W. Allen, Georgia Mark DeSaulnier, California Lloyd Smucker, Pennsylvania Donald Norcross, New Jersey Jim Banks, Indiana Pramila Jayapal, Washington Mark Walker, North Carolina Joseph D. Morelle, New York James Comer, Kentucky Susan Wild, Pennsylvania Ben Cline, Virginia Josh Harder, California Russ Fulcher, Idaho Lucy McBath, Georgia Van Taylor, Texas Kim Schrier, Washington Steve Watkins, Kansas Lauren Underwood, Illinois Ron Wright, Texas Jahana Hayes, Connecticut Daniel Meuser, Pennsylvania Donna E. Shalala, Florida William R. Timmons, IV, South Andy Levin, Michigan* Carolina Ilhan Omar, Minnesota Dusty Johnson, South Dakota David J. Trone, Maryland Fred Keller, Pennsylvania Haley M. Stevens, Michigan Susie Lee, Nevada Lori Trahan, Massachusetts Joaquin Castro, Texas * Vice-Chair Veronique Pluviose, Staff Director Brandon Renz, Minority Staff Director ------ SUBCOMMITTEE ON WORKFORCE PROTECTIONS ALMA S. ADAMS, North Carolina, Chairwoman Mark DeSaulnier, California Bradley Byrne, Alabama, Mark Takano, California Ranking Member Pramila Jayapal, Washington Mark Walker, North Carolina Susan Wild, Pennsylvania Ben Cline, Virginia Lucy McBath, Georgia Ron Wright, Texas Ilhan Omar, Minnesota Haley M. Stevens, Michigan C O N T E N T S ---------- Page Hearing held on July 11, 2019.................................... 1 Statement of Members: Adams, Hon. Alma S., Chairwoman, Subcommittee on Workforce Protections................................................ 1 Prepared statement of.................................... 3 Byrne, Hon. Bradley, Ranking Member, Subcommittee on Workforce Protections...................................... 5 Prepared statement of.................................... 5 Statement of Witnesses: Cannon, Mr. Kevin, Attorney, CSP, Senior Director, Safety and Health Services, Associated General Contractors of America. 31 Prepared statement of.................................... 33 Chu, Hon. Judy, a Representative in Congress form the State of California.............................................. 7 Prepared statement of.................................... 9 Bernard, Mr. Thomas E., Ph.D, Professor, College of Public Health, University of South Florida........................ 12 Prepared statement of.................................... 14 Little, Mr. Bryan, Director of Labor Affairs, California Farm Bureau Federation.......................................... 49 Prepared statement of.................................... 51 McCarthy, Dr. Ronda, Attorney, MD, MPH, American College of Occupational and Environmental Medicine and Concentra...... 40 Prepared statement of.................................... 42 Rodriguez, Mr. Arturo S., President Emeritus, United Farm Workers.................................................... 62 Prepared statement of.................................... 64 Rodriguez, Mr. Javier, Warehouse Worker, Worker Resource Center..................................................... 22 Prepared statement of.................................... 24 Additional Submissions: Ms. Adams: Prepared statement and study from Public Citizen......... 100 Questions submitted for the record Mr. Byrne: Letter dated August 2, 2019 from the American Farm Bureau Federation............................................. 124 Letter dated August 8, 2019 from the Construction Industry Safety Coalition.............................. 126 Dr. McCarthy: Slide: Heat-Related Illness Frequency Before and After Implementation of the Heat Stress Awareness Program.... 133 Mr. Javier Rodriguez: Slide: Assignment Goals Per Hour Safely.................. 134 Slide: WWU Leaders David Garcia and Manolo Fernandez Document 100+ Temp In NFI Warehouse.................... 135 Responses to questions submitted for the record: Mr. Bernard.............................................. 144 Dr. McCarthy............................................. 147 Mr. Arturo S. Rodriguez.................................. 154 Mr. Javier Rodriguez..................................... 159 FROM THE FIELDS TO THE FACTORIES: PREVENTING WORKPLACE INJURY AND DEATH FROM EXCESSIVE HEAT Thursday, July 11, 2019 ---------- House of Representatives, Subcommittee on Workforce Protections, Committee on Education and Labor, Washington, D.C. ---------- The subcommittee met, pursuant to call, at 10:20 a.m., in Room 2175, Rayburn House Office Building, Hon. Alma Adams [chairwoman of the subcommittee] presiding. Present: Representatives Adams, DeSaulnier, Jayapal, Wild, McBath, Omar, Stevens, Byrne, Cline, and Foxx (ex officio). Also Present: Representatives Scott, Grijalva, and Keller. Staff Present: Jordan Barab, Senior Labor Policy Advisor; Nekea Brown, Deputy Clerk; Ilana Brunner, General Counsel; Kyle DeCant, Labor Policy Counsel; Emma Eatman, Press Assistant; Eli Hovland, Staff Assistant; Stephanie Lalle, Deputy Communications Director; Andre Lindsay, Staff Assistant; Richard Miller, Director of Labor Policy; Max Moore, Office Aide; Merrick Nelson, Digital Manager; Veronique Pluviose, Staff Director; Banyon Vassar, Deputy Director of Information Technology; Jonathan Walter, Labor Policy Fellow; Cyrus Artz, Minority Parliamentarian; Courtney Butcher, Minority Director of Coalitions and Members Services; Akash Chougule, Minority Professional Staff Member; Cate Dillon, Minority Staff Assistant; Rob Green, Minority Director of Workforce Policy; Bridget Handy, Minority Communications Assistant; Dean Johnson, Minority Staff Assistant; John Martin, Minority Workforce Policy Counsel; Hannah Matesic, Minority Director of Operations; Audra McGeorge, Minority Communications Director; Carlton Norwood, Minority Press Secretary; Brandon Renz, Minority Staff Director; Ben Ridder, Minority Professional Staff Member; and Lauren Williams, Minority Professional Staff Member. Chairwoman Adams. Good morning. The Subcommittee on Workforce Protections will come to order. Let me welcome everyone who is present today. I do note that we have a quorum. The Committee is meeting today for a legislative hearing to receive testimony regarding ``From the Fields to the Factories, Preventing Workplace Injury and Death from Excessive Heat.'' I note for the Subcommittee that Congressman Grijalva from Arizona, a member of the full committee, and Congressman Keller of Pennsylvania, be permitted to participate in today's hearing with the understanding that their questions will come only after members of the Workforce Protection Subcommittee and the full committee on both sides of the aisle who are present have an opportunity to question the witnesses. Pursuant to Committee Rule 7(c), opening statements are limited to the Chair and the Ranking Member. This allows us to hear from our witnesses sooner, and it provides all members with adequate time to ask questions. I recognize myself now for the purpose of making an opening statement. Today, we are here to discuss the serious hazards of excessive heat exposure in the workplace and the need for the Occupational Safety and Health Administration, or OSHA, to protect American workers. We are not talking about being uncomfortable on a hot day. We are talking about excessive heat, combined with heavy clothing and high humidity that can incapacitate our body's natural cooling mechanisms, and lead to injury, organ failure, and sometimes death. This hearing will explore commonsense measures that employers can take to prevent these tragedies. The Bureau of Labor Statistics reports that from 1992 through 2016, workplace exposure to excessive environmental heat killed 783 U.S. workers, and seriously injured 69,374. The problem is getting worse. And while those working in air- conditioned offices may not notice, climate change is all too real for the roofer, the warehouse worker, the farm worker, and the highway worker who worked for 8 to 10 or 12 hours a day in record-breaking heat. According to the fourth U.S. National Climate Assessment, this warming trend is likely to only accelerate. The year 2017 was the second hottest year on record, surpassed by only 2016. Last week, we even saw record-breaking heat in Alaska. Who would have ever thought that workers in Alaska would have to worry about the risks of heat-related illness? The real impact of excessive heat on our country's workers is tragic. Just last summer, a Florida landscaper suffered multiple organ failures, severe dehydration, and hypothermia, and died from heat stroke after using a lawn edger for 6 hours in 100-degree heat. Georgia farm worker Miguel Angel Gomez Chavez, 24, died of heat stroke after picking tomatoes in direct sunlight with temperatures up to 97.5 degrees. And just a few years ago, in my home state of North Carolina, a 56-year- old farm worker died of heat stroke after spending 3 days harvesting tobacco with a core body temperature of 108 degrees. The good news is that we now know how to protect these tragedies for workers on farms, highways, construction sites, and other outdoor workplaces. Providing water and rest and cool shaded areas can save lives. And for indoor workers in factories and laundries and steel mills and lead smelters, there are practical measures that can keep workers healthy. These are not radical requirements, and as we will hear today, the U.S. Army already maintains a rigorous heat standard to keep our servicemembers healthy and ready to carry out their missions. The National Institute for Occupational Safety and Health has also issued workplace safety guidance and a recommended standard addressing excessive heat. And finally, three states have adopted their own heat protection standards. Yet, there is still no nationwide safety standard for excessive heat, leaving millions of workers without basic workplace protections. That is why during this hearing, we will also assess H.R. 3668, the Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2019, introduced by Representative Judy Chu, who will testify today. This legislation will require OSHA to issue a standard within 42 months that would mandate employers to provide both indoor and outdoor workers exposed to excessive heat with the protections they need. Specifically, the bill would require the implementation of well-organized safety measures, taking into consideration recommendations of the National Institute for Occupational Safety and Health, and ensure that the heat standards that is no less protective than those already in place in states like California. OSHA may object that it doesn't have the resources to quickly complete a standard. However, we must remember that Congress cut OSHA's budget for standards by 10 percent in fiscal year 2017, a short-sighted decrease that the Democratic majority is fighting to reverse. And it is currently squandering its scarce resources on rule-making efforts that roll back the protections that workers already have instead of moving forward on new protections that workers need. At its heart, this hearing is about basic workplace safety protections that all workers need to do their jobs. If our military servicemembers, arguably our toughest, most in shape workforce, rely on protections against excessive heat every day to ensure they can defend our country, then surely we can agree that the millions of workers who also endure intense heat to ensure our country runs smoothly deserve those protections as well. I want to thank the witnesses for their testimony, and Congresswoman Chu, thank you so much for being here. I express my appreciation to those who have traveled long distances to be with us today. I now recognize the Ranking Member, Mr. Byrne, for an opening statement. [The statement of Chairwoman Adams follows:] Prepared Statement of Hon. Alma S. Adams, Chairwoman, Subcommittee on Workforce Protections Today, we are here to discuss the serious hazards of excessive heat exposure in the workplace and the need for the Occupational Safety and Health Administration, or OSHA, to protect American workers. We are not talking about being uncomfortable on a hot day. We are talking about excessive heat, combined with heavy clothing and high humidity, that can incapacitate our body's natural cooling mechanisms and lead to injury and sometimes death. This hearing will explore common-sense measures that employers can take to prevent these tragedies. In fact, the Bureau of Labor Statistics reports that, from 1992 through 2016, exposure to excessive environmental heat killed 783 U.S. workers and seriously injured 69,374. And the problem is getting worse. While those working in air- conditioned offices may not notice, climate change is all too real for the roofer, the warehouse worker, the farm worker, and the highway worker who works for 8, 10, or 12 hours a day in record-breaking heat. According to the Fourth U.S. National Climate Assessment, this warming trend is likely to only accelerate. 2017 was the second-hottest year on record, surpassed only by 2016. Last week, we even saw record- breaking heat in Alaska. Who would ever have thought that workers in Alaska would have to worry about the risks of heat-related illness? The real impact of excessive heat on our country's workers is tragic. Just last summer: A Florida landscaper suffered multiple organ failures, severe dehydration, and hyperthermia and died from heat stroke after using a lawn-edger for 6 hours in 100-degree heat. Georgia farmworker Miguel Angel Guzman Chavez, 24, died of heat stroke after picking tomatoes in direct sunlight with temperatures up to 97.5 degrees. And, just a few years ago, in my own state of North Carolina, a 56- year-old farm worker died of heat stroke after spending three days harvesting tobacco with a core body temperature of 108 degrees. The good news is that we know how to prevent these tragedies. For workers on farms, highways, construction sites, and other outdoor workers, providing water and rest in cool, shaded areas can save lives. And, for indoor workers in factories, laundries, steel mills and lead smelters, there are practical measures that can keep workers healthy. These are not radical requirements. As we will hear today, the U.S. Army already maintains a rigorous heat standard to keep our servicemembers healthy and ready to carry out their missions. The National Institute for Occupational Safety and Health has also issued workplace safety guidance and a recommended standard addressing excessive heat. Finally, three states have adopted their own standards. Yet, there is still no nationwide safety standard for excessive heat, leaving millions of workers without basic workplace protections. That is why, during this hearing, we will also assess H.R. , the Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2019, introduced by Representative Judy Chu, who will testify today. This legislation would require OSHA to issue a standard within 42 months that would mandate employers to provide both indoor and outdoor workers exposed to excessive heat with the protections they need. Specifically, the bill would require the implementation of well-recognized safety measures, taking into consideration the National Institute for Occupational Safety and Health's recommendations, as well as a heat standard that is no less protective than those already in-place in states like California. OSHA may object that it doesn't have the resources to quickly complete a standard. However, we must remember that Congress cut OSHA's budget for standards by 10 percent in FY17 - a short-sighted decrease that the Democratic majority is fighting to reverse. And it is currently squandering its scare resources on rulemaking efforts that roll back the protections that workers already have instead of moving forward on new protections that workers need. At its heart, this hearing is about basic workplace safety protections that all workers need do their jobs and stay safe. Each day, our military servicemembers--arguably our toughest, most in-shape workforce--rely on protections against excessive heat to ensure they can defend our country. Surely, we can agree that the millions of workers, who also endure intense heat each day to ensure our country runs smoothly, deserve those protections as well. I want to thank the witnesses for their testimony and express my appreciation for those of you who have traveled long distances to be with us today. I now yield to the distinguished Ranking Member, Mr Byrne for an opening statement. ______ Mr. Byrne. Thank you for yielding. We all have a common goal of keeping American workers healthy and safe. When they flourish and prosper, so does our Nation. Safety and health in the workplace must be a priority, and it is important that the government work with employers to prevent related injuries and illnesses. We are here today to discuss occupational exposure to heat, a significant issue in many states, like my home state of Alabama, even beyond the summer months. I have worked with an industrial painting crew sandblasting storage tanks and painting them in the Alabama hot summer. I have worked on a used car lot maintaining the used cars on the car lot, keeping them clean, never left the car lot, in the Alabama hot summer. I have worked in a specialty woodworking plant making shutters. Even though we were inside, we can't have any temperature control in those type of plants. I worked there in the Alabama hot summer. I know something about heat exposure in the workplace. Heat exposure is currently regulated under the General Duty clause of the Occupational Safety and Health Act of 1970. Employers are already required to take definitive steps to protect employees and provide a safe work environment, and that includes preventing workers from being exposed to heat that results in illness. Additionally, as we will hear today, several states have taken action and created their own standards on heat illness prevention that reflect their own unique economies, climates, and workplace challenges. Heat safety should be given careful deliberation so that we, as lawmakers, can make educated, well- informed decisions. Unfortunately, our colleagues on the other side of the aisle appear to be scrambling to force the Occupational Safety and Health Administration to impose another one-size-fits-all Federal mandate for occupational heat exposure. We should look at the history of this issue to understand where we are before a new national regulation is considered. In 2012, the Obama administration denied a petition to establish a heat standard. In fact, at the time, OSHA's head said their increased focus on enforcement and robust education and outreach campaigns adequately addressed the hazard. Nevertheless, committee Democrats are now moving forward with legislation to mandate a national standard without fully understanding if that is an appropriate and necessary course of action. Additionally, the majority is, once again, holding a legislative hearing on short notice on a bill that was introduced only a day before this hearing. This unfortunate habit, which we have seen time and time again this year, doesn't give members the opportunity to properly examine the issue or the bill text fully, and it demonstrates a lack of seriousness about the issue at hand. Before this Committee or the House rushes to mandate yet another Federal regulation, members should strive to gain a better understanding of how OSHA is currently preventing heat illnesses and what impact a regulation would have at the national level. More mandates from Washington do not necessarily equal better policies to help workers, and rushed partisan policies rarely yield efficient, effective, or permanent solutions. We can and ought to be working together to prioritize the interest of the American worker through thoughtful deliberation, rather than hastily written press relates about partisan legislation. Regardless of the circumstances of today's hearing, I thank the witnesses for being here today. I look forward to their testimony so that we can begin to gain a better understanding of how existing measures are preventing heat illness. And with that, Madam Chairwoman, I yield back. [The statement by Mr. Byrne follows:] Prepared Statement of Hon. Bradley Byrne, Ranking Member, Subcommittee on Subcommittee on Workforce Protections Thank you for yielding. We all share a common goal of keeping American workers healthy and safe. When they flourish and prosper, so does our nation. Safety and health in the workplace must be a priority, and it's important that the government work with employers to prevent related injuries and illnesses. We are here today to discuss occupational exposure to heat a significant issue in many states like Alabama even beyond the summer months. Heat exposure is currently regulated under the general duty clause of the Occupational Safety and Health Act of 1970. Employers are already required to take definitive steps to protect employees and provide a safe work environment, and that includes preventing workers from being exposed to heat that results in illness. Additionally, as we will hear today, several states have taken action and created their own standards on heat-illness prevention that reflect their own unique economies, climates, and workplace challenges. Heat safety should be given careful deliberation so that we, as lawmakers, can make educated, well-informed decisions. Unfortunately, our colleagues on the other side of the aisle appear to be scrambling to force the Occupational Safety and Health Administration (OSHA) to impose another one-size-fits-all federal mandate for occupational heat exposure. We should look at the history of this issue to understand where we are before a new national regulation is considered. In 2012, the Obama administration denied a petition to establish a heat standard. In fact, at the time, OSHA's head said their increased focus on enforcement and robust educational and outreach campaigns adequately addressed the hazard. Nevertheless, Committee Democrats are now moving forward with legislation to mandate a national standard without fully understanding if that is an appropriate and necessary course of action. Additionally, the majority is once again holding a legislative hearing on short notice on a bill that was introduced only a day before this hearing. This unfortunate habit, which we have seen time and time again this year, doesn't give Members the opportunity to properly examine the issue or the bill text fully, and demonstrates a lack of seriousness about the issue at hand. Before this Committee or the House rushes to mandate yet another federal regulation, Members should strive to gain a better understanding of how OSHA is currently preventing heat illnesses and what impact a regulation would have at the national level. More mandates from Washington do not necessarily equal better policies to help workers. And rushed, partisan policies rarely yield efficient, effective, or permanent solutions. We can and ought to be working together to prioritize the interests of the American worker through thoughtful deliberation rather than hastily written press releases about partisan legislation. Regardless of the circumstances of today's hearing, I thank the witnesses for being here today and look forward to their testimony so that we can begin to gain a better understanding of how existing measures are preventing heat illness. Thank you, I yield back. ______ Chairwoman Adams. Thank you, Mr. Byrne. I will now introduce our witnesses for panel one. Our first witness will be Representative Judy Chu from the great state of California. Representative Chu has a longstanding concern about the health illness risk that workers face, and yesterday, introduced H.R. 3668. I would also note that Representative Chu formerly served on this Committee during the 111th Congress. We appreciate your being here today, Representative Chu, and look forward to your testimony. Let me remind you that we have read your written statement, and it will appear in full in the hearing record. Pursuant to Committee Rule 7(d) and Committee practice, you are asked to limit your oral presentation to a 5-minute summary of your written statement. And before you begin your testimony, please remember to press the button on the microphone in front of you so that it will turn on, and we can hear you. As you begin to speak, the light in front of you will turn green. After 4 minutes, the light will turn yellow to signal that you have 1 minute remaining. And when the light turns red, your 5 minutes have expired, and we ask that you please wrap up at that time. Congresswoman Chu, you may proceed. STATEMENT OF THE HON. JUDY CHU, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Ms. Chu. Chairman Scott, Chairwoman Adams, Ranking Member Byrne, and Members of the Subcommittee, thank you for inviting me to speak about the importance of Federal heat standards to protect workers. I have been passionate about this issue for well over a decade when I first carried a heat protection bill in the California legislature in 2005. I am thrilled that the Subcommittee is now holding a hearing on this topic. Yesterday I introduced the Asuncion Valdivia Heat Illness and Fatality Prevention Act. Asuncion was a farm worker, and his story was brought to me by the United Farm Workers while I was in the California State Assembly. It was a story that I could never forget. One day, Asuncion picked grapes for 10 hours straight in 105-degree temperatures. Then he fell over unconscious. Instead of calling an ambulance, his employer, Giumarra Vineyards, instructed Mr. Valdivia's son to drive him back home. On the way home, the father started foaming at the mouth and ultimately died of a heat stroke. A son had to witness his father die, a preventable death, at the age of 53. I met his son. His grief was deep, especially because he knew that his father's death was 100 percent preventable, and that what the employer did was perfectly legal, despite 15 years of farm workers fighting for protections. So I carried a bill in the California legislature to require water, shade, and rest periods to protect all outdoor workers, and I am gratified that thanks to my bill, California became the first State in the country to protect farm workers and all outdoor workers from the heat elements, and has now been in operation for 14 years. The bill we introduced yesterday similarly establishes a Federal standard for heat stress protections by directing OSHA to adopt a final standard on the prevention of occupational exposure to excessive heat, both in indoor and outdoor environments. A number of these measures are commonsense precautions, like ensuring that workers who are in high heat environments have paid breaks and cool environments, access to water for proper hydration, and limitations on how long workers can be in high heat areas. The bill also directs the standard to include training for employers and employees on heat stress illness and prevention, and requires employers to implement acclimatization plans to ensure workers can adjust to their working conditions to reduce injury. Washington and Minnesota currently have heat protections for workers in place, and the U.S. military also has its own heat protection standards. It is time that the rest of the country's workers are equally protected. Working in hot conditions raises the body's internal temperature to dangerous levels. Without rest or cooling, workers suffer from heat stroke or heat exhaustion. That can bring on dizziness, nausea, or fainting. Eventually, their kidneys break down, and in just the span of one 8- to 10-hour shift, a worker can fall into a coma and die. According to a 2015 study by the Occupational Safety and Health Administration, exposure to heat led to 37 work-related deaths, and 2,830 non-fatal occupational injuries and illnesses. Not only do we know that this is happening each year, but we also know it is getting worse. Just last week, a new report by Moody's Analytics found that rising temperatures from global warming could cost the global economy as much as $69 trillion by 2100, thanks in part to the impact on workers' health. And yet, OSHA does not have a Federal standard that requires the breaks, shade, or water that we know can prevent this, and OSHA merely suggests these provisions. I am pleased that the Committee is taking the first important step to shine a light on this problem, and I hope the Committee will continue to move the Asuncion Valdivia Heat Illness and Fatality Prevention Act forward so that we can be one step closer to protecting workers from heat stress in all 50 States. Thank you again for allowing me to testify on this important issue. [The statement of Ms. Chu follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Adams. I want to thank you, Congresswoman Chu, for taking the time to testify before the Committee today. Your testimony is a valuable part of the legislative record. Thank you so much for being here. Thank you for introducing this. We will now seat the second panel, and I think everybody is out there. We are going to take about a 5-minute break and seat the next panel. [Recess.] Chairwoman Adams. I will now introduce our witnesses for the second panel. Our first witness for the second panel will be Dr. Thomas Bernard from the University of South Florida, where he teaches occupational health and safety. Dr. Bernard's primary research interest is in occupational heat stress. He serves on the ACGIH Physical Agents Committee, and on ISO, the working group on the thermal environment. Our next witness will be Mr. Javier Rodriguez from Corona, California. Mr. Rodriguez is an organizer with the Warehouse Worker Resource Center, a non-profit advocacy organization in southern California. Before joining the center, Javier spent over 15 years as a worker in warehouses, construction, and farm work. Following Mr. Rodriguez will be Mr. Kevin Cannon. Mr. Cannon is Senior Director, Safety and Health Services, for the Associated General Contractors of America. He is currently Chairman of the OSHA Advisory Committee on Construction Safety and Health, and he has been a member of ACCSH since 2011. The next witness will be Dr. Ronda McCarthy. Dr. McCarthy is from Waco, Texas, is a medical doctor and board certified by the American Board of Preventive Medicine and Occupational Medicine. She also has a Master's degree in public health. Dr. McCarthy is the National Medical Director for Concentra's Medical Surveillance Services. Following Dr. McCarthy, we will hear from Mr. Bryan Little. Mr. Little is the Director of Labor Policy for the California Farm Bureau Federation, and the Chief Operating Officer of the Farm Employers Labor Service. He served as the Deputy Assistant Secretary for Occupational Safety and Health during the George W. Bush Administration. Our final witness will be Mr. Arturo Rodriguez, who is the recently retired President of the United Farm Workers Union. Mr. Rodriguez spent 45 years with the United Farm Workers of America, the last 25 as President, continuing to build the union Cesar Chavez began into a powerful voice for farm workers. We appreciate all the witnesses for being here today, look forward to your testimony. Let me remind the witnesses that we have read your written statements, and they will appear in full in the hearing record. Pursuant to Committee Rule 7(d) and Committee practice, each of you is asked to limit your oral presentation to a 5-minute summary of your written statement. And let me remind the witnesses that pursuant to Title XVIII of the U.S. Code, Section 1001, it is illegal to knowingly and willfully falsify any statement, representation, writing, document, or material fact presented to Congress or otherwise conceal or cover up a material fact. Before you begin your testimony, please remember to press the button on the microphone in front of you so that it will turn on and members can hear you. And as you begin to speak, the light in front of you will turn green. After 4 minutes, the light will turn yellow to signal that you have 1 minute remaining. When the light turns red, your 5 minutes have expired, and we ask that you please wrap up. We will let the entire panel make their presentations before we move to member questions, and when answering a question, please remember to, once again, turn on your microphone. I will first recognize Dr. Thomas Bernard. STATEMENT OF THOMAS E. BERNARD, PH.D., PROFESSOR, COLLEGE OF PUBLIC HEALTH, UNIVERSITY OF SOUTH FLORIDA Mr. Bernard. I thank you, Chairwoman Adams, and Ranking Member Byrne and the distinguished Members of the Committee. My name is Thomas Bernard, and I am a Professor of Occupational Health in the College of Public Health at the University of South Florida. I thank you for this opportunity to talk on behalf of heat stress. Over 40 years, I have had the chance to develop heat stress management programs over a wide range of industries. Heat stress is an underappreciated workplace hazard. We have all worked and/or played in hot environments. This common experience leads us to underappreciate the real risk for heat stress. Heat stress is serious when the workplace is not prepared to deal with it. Heat stroke, where the body's natural cooling mechanisms shut down, can be fatal. One fatal heat stroke with which I am familiar was a young high school player, played football. He died his first day working for a landscaping company in New Hampshire. Another was a roofer in Louisiana. He threw down his tools, drove off the work site, and died in his car driving down the road. Yet another was a postal worker. He was not prepared to deal with the heat stress after a long absence. Even if a heat stroke is not fatal, it can cause permanent damage to the brain, kidneys, and liver. Heat exhaustion sometimes leads to hospital admissions. Heat stress also leads to acute injuries and reduces productivity. All of these have costs to both employers and employees. By asking simple questions about the environment, like the temperature and humidity, about the intensity of work, and about the clothing being worn, interventions can be selected to reduce the risk for heat illness. For instance, as mentioned earlier, the military, which has a young and physically fit population, limits the work that can be done and for how long, depending upon the level of heat stress. Occupational health and safety professionals have learned lessons from the military. During the Deepwater Horizon response, OSHA and NIOSH prepared guidelines based on the military's for high temperatures and humidity of the Gulf Coast. BP provided training and specified work and rest cycles based on the ambient conditions. For instance, they restricted work to 20 minutes with 40 minutes of rest in a shaded area when the temperature was between 92 and 98. Considering they employed 50,000 unfit workers on long shifts, it is amazing there were few serious heat exhaustions and no heat strokes. The evidence about the effectiveness of interventions has evolved over these last 20 years. The 2016 NIOSH criteria document on occupational exposure to heat and hot environments has captured most of these lessons. It forms an excellent starting point for an OSHA standard. Based on the NIOSH criteria document and my experience, the essential elements of a heat stress prevention program are training to understand the effects and the symptoms, practices such as drinking and taking rest in the shade, surveillance, and having an emergency plan are essential. Other interventions that may be used as appropriate are engineering controls, which change the exposure conditions. These may be things that reduce the work demands through mechanization, reducing temperature and humidity and shading, shielding from high radiant sources. Administrative controls would change the way the work is done. For instance, allowing for progressive increases in work schedule to allow for acclimatization, an increased tolerance, or allocating work and rest cycles. There are times where personal protection, wearing something like an ice vest or air- cooling systems under the clothing, will provide greater cooling than just simple evaporative cooling. These are mainly used in manufacturing or plant maintenance operations. Finally, training employees and supervisors to recognize heat-related disorders and provide appropriate first aid is essential. With early identification and treatment, heat stroke can be reversed. It is my opinion, based on my experience and practice, that an enforceable OSHA standard can bring visibility and clarity to the structure and function of an effective heat stress management program. Thank you, Madam Chairwoman. [The statement of Mr. Bernard follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Adams. And thank you very much. I will recognize now Mr. Javier Rodriguez. You are recognized for 5 minutes, sir. STATEMENT OF JAVIER RODRIGUEZ, WAREHOUSE WORKER, WORKER RESOURCE CENTER Mr. Javier Rodriguez. Chairman Adams, Ranking Member Byrne, and distinguished Members of this Committee, my name is Javier Rodriguez. In the past 15 years, I have had experience working in southern California in several industries. In these workplaces, I have witnessed employers neglecting workers affected by the heat, and even retaliated against them, not providing workers dealing with extreme heat with the basic protections, like water and rest, and generally, not take this issue of heat seriously. I am now a staff member of the Warehouse Worker Resource Center, the organization where my coworkers and I are receiving training in our rights at work. In 2011 and 2012, I worked at the NFI Cross Dock in Jurupa Valley, California, a facility moving goods for Walmart. The temperatures in Riverside County often go above 100 degrees in the summer when it is humid. We have documented the heat index at 115 degrees inside the containers. The work pace at the work Cross Dock was extremely high. Please look at the screen. We have a slide. This is the rate sheet from NFI warehouse where I work. We had to load or unload 450 boxes per hour, boxes between 10 and 100 pounds, carry it up to 40 feet out to the container and to the warehouse floor, and stack onto the carts or pallets for 8 hours per day. You will have to load, carry, and stack a box container containing a microwave, TV every 7-1/2 seconds. I saw workers at this warehouse faint from the heat. People will feel sick and not know how to get help. Instead of providing the rest of us with information on how to protect ourselves, the company told the workers who fainted or feel sick and were facing heat distress to rest or go home, and told the rest of us keep working at the same pace of before. We who worked at the warehouse knew that these conditions were dangerous. We received training from educators and occupational health expert from the institutions like UCLA. We began to ask for clean water, education around heat, and more breaks. The manager refused. We ended up filing a complaint with OSHA in July of 2012, and the State issued serious citations, but the heat continued to be a problem. We have another display. It is a picture of some coworkers with thermometers inside the warehouse showing 102 degrees that summer. Some of us who ask for protections or who take breaks, we are not brought back to work. But the NFI warehouse managers and the staffing agency leads will constantly remind us that we are temps, and that there will be not work for those who speak up or slow down. The previous summer, in August 2011, at the warehouse operated by the same company, NFI, with the same safety manager about 10 miles away in Chino, a worker named Domingo Blancas fell ill on a hot day. He was employed by the staffing agency Tristate, whose solution to Domingo reporting dangerous health illness symptoms was to have another worker also complaining of the heat illness symptoms, drive him to the clinic. The clinic told him go to the ER, but Domingo had no vehicle and no health insurance. He waited for hours before his son called to take him to the hospital where he was treated for the heat. He was in the hospital for 3 days, he had surgery, and the doctors say that he could have died. With the evidence of Domingo's heat illness and NFI's inadequate response, Cal/OSHA cited both NFI and Tristate for not having an adequate injury and illness prevention plan. NFI and the staffing agency then spends much of the next 5 years fighting this case in the court, denying the clear evidence that Domingo had suffered heat-related illness. It wasn't until July 2017 that the California Supreme Court finally found substantial evidence that Blancas suffered a serious heat illness requiring hospitalization, and NFI gave up fighting this violation. The current system is inadequate. That experience led us to call for indoor heat standard in California which we won through Senate Bill 1167 in 2016. Cal/OSHA is currently working in this standard in rulemaking, and we hope it will go into effect soon. This is why we also support the legislation by Congresswoman Chu and Congressman Grijalva to require OSHA to create a heat stress standard, and thank you for your consideration. [The statement of Mr. Javier Rodriguez follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Adams. Thank you. Thank you very much. Mr. Cannon, you are recognized for 5 minutes, sir. STATEMENT OF KEVIN CANNON, CSP, SENIOR DIRECTOR, SAFETY AND HEALTH SERVICES, ASSOCIATED GENERAL CONTRACTORS OF AMERICA Mr. Cannon. Chairwoman Adams, Ranking Member Byrne, thank you for convening today's hearing. My name is Kevin Cannon. I am a certified safety professional, and the current Chair of the Advisory Committee on Construction Safety and Health. I am testifying today in my capacity as Senior Director of Safety and Health Services for the Associated General Contractors of America. AGC is a national organization representing more than 26,000 businesses involved in every aspect of construction in all 50 states. AGC prioritizes worker safety and health, and regularly educates, and provides services to ensure that our workforce comes home safely at the end of every day. In my testimony, I will discuss the impact of heat exposure on workers, how the construction industry is proactively addressing heat exposure, and why a new Federal standard and/or law is unnecessary, unworkable, and impractical. According to NIOSH, workers who are exposed to extreme heat, or work in hot environments, may be at greatest risk of heat stress. Heat stress can cause injuries and illness such as heat cramps, exhaustion, heat stroke, and even death. But as you will hear today, it is preventable with proper education and teamwork. Construction contractors are keenly aware of the dangers of working in extreme temperatures, and have taken appropriate steps to reduce the risk of injuries and illnesses. These include scheduling work earlier or later to avoid performing tasks during the time of day when temperatures are the highest and using job-site trailers or company vehicles on remote job sites as cool-down areas. Some have taken a total wellness approach to educate their employees on the importance of a proper diet and properly managing their health, especially those with medical conditions who are on regularly prescribed medications. Additionally, contractors will routinely have toolbox talks prior to and during the summer months to raise awareness of the issue and reinforce the importance of proper hydration, being able to identify the symptoms of heat stress, and how to prevent it from occurring. Existing Federal agency efforts and laws already address heat exposure. OSHA's heat illness prevention campaign has reached millions of employers and workers since 2011. Under the OSH Act, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer who fails to implement measures to protect workers exposed to high temperatures can be cited under the General Duty Clause of the OSH Act. As it stands, OSHA already conducts inspections related to heat. This demonstrates the agency's continued commitment to appropriately enforce its laws and protecting workplace safety. In addition, there is no one-size-fits-all approach to address this issue. Climate varies from region to region, and what may be considered extreme temperatures in one part of the country could be the norm in another. Also, in considering the impacts of heat exposure on an individual, employers would have to take into consideration the age of the employee, their existing medical conditions, and whether an employee is taking certain medications. Essentially, an employer would need to have an individualized heat prevention program for each employee as an effective program would have to consider lifestyle habits among the workforce that an employer may have no control over. Furthermore, under the previous administration, OSHA determined that such a standard was unwarranted, and Congress should not legislate on an issue when an agency with the authority and jurisdiction to promulgate such standards already exists. In addition to circumventing the rulemaking process, we caution Congress against establishing an arbitrary deadline for OSHA to promulgate a standard addressing heat illness prevention. We also caution Congress from just drafting legislative text that is overly prescriptive as to warrant the rulemaking process useless by binding the agency to a specific requirement. The rulemaking process is intentionally deliberate to allow for meaningful stakeholder input. Imposing an arbitrary and compressed deadline could compromise the ability of the regulating community to fully engage in the process and the ability of regulators to do their job in creating the most feasible standard that results in the protection of workers in extreme temperatures. There must be a fair and transparent process in the promulgation of this or any rule that would impact a significant percentage of workplaces. In conclusion, AGC believes OSHA should continue to increase awareness by working with the regulated community to further promote their heat illness prevention campaign, and build on the success of their past efforts. OSHA should also consider developing clear and consistent guidance for all industry sectors that are impacted by hazards related to high temperatures. The development of such guidance could help identify best practices and better promote what employees and workers can do to prevent injury, illness, and death from exposure to high heat. We firmly believe that building strong partnerships is the best approach to realizing the desired results. Madam Chairwoman, thank you again for allowing the AGC to participate in today's important discussion. I look forward to your questions. [The statement of Mr. Cannon follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Adams. Thank you, Mr. Cannon. Dr. McCarthy, you are recognized for 5 minutes. STATEMENT OF RONDA MCCARTHY, MD, MPH, AMERICAN COLLEGE OF OCCUPATIONAL AND ENVIRONMENTAL MEDICINE AND CONCENTRA Dr. McCarthy. Thank you all for allowing me to -- thank you for inviting me to testify today. My name is Dr. Ronda McCarthy. I am testifying for myself, the American College of Occupational and Environmental Medicine, my employer, Concentra, a national occupational healthcare provider. We serve thousands of employers, and treat millions of workers annually. It is this extensive contact with employers and workers that brings me here today. In the past 20 years, I have treated too many workers for heat-related illnesses, which are 100 percent preventable. My testimony is grounded upon 9 years of developing and administering a heat-related illness program in central Texas that is comparable to the requirements in the bill discussed today. Because of the striking results of this program, I believe this bill will protect the health and lives of countless workers. Moreover, employers will benefit from decreased cost, from injuries and illnesses, and will experience increased worker productivity. I spent the first part of my career trying to convince multiple employers to implement NIOSH recommendations related to heat exposure. I unsuccessfully implored plant and health and safety managers to implement simple measures such as worker training, hydration, rest breaks, and access to shade or cooling to avoid costly and perilous accidents, injuries, and illnesses from excessive heat exposure. Some employers even declined my offer to simply educate workers on heat stress. In 2006, I became the Medical Director for a central Texas municipality, where I provided occupational medical care at an onsite employee health clinic. After noting increased accidents, injuries, and illnesses during the summer months in outdoor workers, and little to no preventive measures in place, I explained the benefits of a heat-related illness prevention program to the employer. The city manager agreed to the prevention program for at-risk workers in streets, traffic, parks and recreation, solid waste, and utilities departments. I used the information from OSHA's technical manual on heat stress and NIOSH's criteria for standard occupational exposure to heat and hot environments to create the city's heat stress awareness program. This program included hydration, access to shade, supervisor and worker training on heat stress and heat- related illness, first aid and emergency response procedures, establishing a 3- to 4-day gradual heat acclimatization schedule, altered high heat work schedules, communication procedures, and medical monitoring of the at-risk workers. I then worked with two faculty members from the University of Pennsylvania Health System to analyze the data collected from the program, and here is what we found: The total number of heat-related cases significantly decreased after implementation of the heat stress awareness program, and the workers' compensation costs went down 50 percent for heat- related illness. There are two possible factors that led to this reduction in workers' compensation costs. The intervention increased supervisors' and workers' awareness of their signs and symptoms of heat-related illness, and their knowledge of when to seek medical attention. These factors may have allowed for earlier medical intervention, leading to lower workers' compensation costs and, indeed, the last 2 years, there were no associated costs. Over the course of the program, the frequency of heat- related illnesses decreased over the years, and by the last 2 years, there were no reported heat-related illnesses during the season. Please refer to the graph displayed, which shows that heat-related illness cases before and after implementation of the program. Six hundred and four workers participated in the 7-year program. Over the 9-year study period, the odds of a worker having a heat-related injury decreased 66 percent in the 2012- 2014 period, and then by 91 percent for the 2015-2017 period. That was statistically significant. Notably, the average high temperatures remained consistently over 90 degrees Fahrenheit during the summer months over the 9-year study period. In light of the research presented, and my 20 years of experience treating Texas workers in hot environments, it is my expert opinion that all workers exposed to excessive heat should be protected by regulations mandating employers implement a plan to prevent heat-related injuries and illnesses that includes the recommendations in NIOSH's criteria for a standard. And the recommendations presented today, if they are promulgated into law, many workers' lives will be saved, and employers will benefit by increased worker productivity as well as decreased accident, injury, and illness costs. Thank you, and I will be happy to answer any questions. [The statement of Dr. McCarthy follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Adams. Thank you, Dr. McCarthy. Mr. Little, you are now recognized for 5 minutes, sir. STATEMENT OF BRYAN LITTLE, DIRECTOR OF LABOR AFFAIRS, CALIFORNIA FARM BUREAU FEDERATION Mr. Little. Good morning, Chairwoman Adams, Ranking Member Byrne, and Members of the Subcommittee. Thank you for the opportunity to testify today on heat illness. My name is Bryan Little, and I am here representing the California Farm Bureau Federation as Director of Employment Policy. I also serve as the Chief Operating Officer of the Farm Employers Labor Service, which is a subscriber organization affiliated with the California Farm Bureau. Over a 14-day period in July of 2006, California experienced a heat wave that caused an estimated 163 fatalities, as many as 600 additional heat-related deaths, 1,200 hospitalizations, and 16,000 emergency department visits among the state's overall population. Recognition that outdoor workers are potentially vulnerable to extreme heat prompted our state's occupational safety and health agency, Cal/OSHA, to adopt the first-in-the-nation heat illness prevention standard for employers with outdoor workers. Some aspects of our standard are applicable at all times in all seasons, particularly the requirements to provide water and to all outdoor activity with special requirements for certain industries like construction, landscaping, and agriculture when the temperature exceeds 95 degrees. Major requirements of the HIP standard for employers include provisions to allow employees to, at all times, get a cool down rest period, provide fresh, pure, and suitably cool water, to train employees about heat illness, and to closely monitor them. Farm employers have worked in good faith to implement these requirements, and in most cases, Cal/OSHA has engaged in enforcement aimed to help employers protect workers from heat illness. Workers need to understand what heat illness is, what it looks like, and what it feels like and how to protect themselves and personal risk factors, like obesity and diabetes, and the use of certain prescription drugs that may influence their vulnerability to heat illness. California agriculture has been forthright and proactive in addressing heat illness by fully accepting our responsibility as producers and employers to take every action we can to ensure the health and safety of our agriculture workforce. We believe the greatest need is for workers, supervisors, farm and labor contractors, and farm employers to understand the key steps to take to avoid incidents of heat illness, and deal effectively and promptly with incidents that occur. We have worked each year to identify any gaps or weaknesses in training, prevention, and emergency response. The industry has also been proactive by working with the University of California system and other partners to create and distribute information through pocket heat illness educational cards, Spanish language radio advertisements and public service announcements, newspapers, and our own publications to our own members. We have worked closely with the agency to better define the agency's expectations for compliance. The heat illness prevention standard is coming a long way toward achieving its goal. We in the agency have been successful in protecting more than 450,000 employees who work in California agriculture at any given time during our peak seasons. Compared to hundreds of fatalities that have historically accompanied heat waves in the overall population, the agency reports two occupational-related fatalities between 2014 and 2016, one in 2017, and two last year. Make no mistake. Any work-related fatality is one too many, and it is hard to overstate what a tragedy a workplace fatality can be. I want to acknowledge the United Farm Workers efforts in this area and applaud Mr. Rodriguez' testimony for highlighting the tragic and untimely deaths of farm workers who suffer from heat illness. Our hearts go out to all farm employees who suffered an illness. We extended our deepest condolences to their families of those who are affected. I can assure the Committee the farmers want to protect all employees from illness because it is the right thing to do. Should the Department of Labor's Occupational Safety and Health Administration undertake a heat illness prevention program, we hope the agency will benefit from what we have learned California in the creation and refining of our heat illness prevention standard. The law will be better if it is simple, collaborative, and flexible. California's efforts to protect employees from heat illness have been most successful when Cal/OSHA has adopted a collaborative approach, engaging in an open exchange with all stakeholders, including employer stakeholders. The result has been a relatively simple outdoor heat illness standard non- regulatory guidance developed with significant input from employers and cooperative educational programs to help the regulated community understand the enforcement agency's expectations. Our HIP standard has succeeded in preventing heat illnesses and fatalities because it is relatively simple, limited in scope, and general in its requirements with special requirements for certain industries with specific risk factors. Federal OSHA should follow a model that prioritizes simplicity, training and collaboration. Thank you for the opportunity to testify, and I look forward to answering any questions you may have. [The statement of Mr. Little follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Adams. Thank you, Mr. Little. Mr. Rodriguez, you are recognized for 5 minutes, sir. STATEMENT OF ARTURO S. RODRIGUEZ, PRESIDENT EMERITUS, UNITED FARM WORKERS Mr. Arturo Rodriguez. Chairwoman Adams, Ranking Member Byrne, and distinguished Members of the Subcommittee, thank you for the opportunity to testify today. Today, I am representing the United Farm Workers, and the United Farm Workers Foundation. Ultimately, though, I am here today for Maria Isabel, Miguel Angel, and many other workers who needlessly died due to heat exposure. Maria Isabel Vasquez Jimenez was 17, and an immigrant farm worker and pregnant. She collapsed after harvesting grapes in temperatures above 100 degrees Fahrenheit in a vineyard near Stockton. No paramedics were summoned. Instead, she was left in the field, and at the end of the workday, she was put in a non air-conditioned van that was hotter than it was in the vineyards. On the trip home, her fiance convinced the driver to take her to a clinic. Her strong heart failed, her body temperature had reached 108 degrees Fahrenheit, and she died the next day. Just last year, Miguel Angel Guzman Chavez, a 24-year-old farm worker that came to the United States under the H-2A guest worker program, died after picking tomatoes with a heat index that exceeded 100 degrees Fahrenheit. He had only been in the United States 5 days. I have the privilege of sitting here with you here today in an air-conditioned hearing room while farm workers like Maria and Miguel are toiling under the scorching sun to harvest the food that reaches our tables. If any of us had to spend several hours toiling in the high temperatures, the basic protections that we would need would include water, shade, breaks, and training to prevent heat illness tragedies. Outdoor workers deserve nothing less. Overall, there are approximately 2-1/2 million farm workers across the country, including hundreds of thousands of miners, who work in remote and rural areas. As a result of language barriers, status issues, and economic vulnerability, most farm workers won't speak out in the workplace, be adequately informed about heat illness prevention, or have access to timely medical attention when illness or injury strikes. The issues I speak of are not hypotheticals. The farm worker communities that we serve are intimately and tragically familiar with the dangers of heat exposure. They experience a risk of heat-related death that is 20 times higher than the risk for workers overall. This drove us to take action. After a string of heat deaths in 2005, the UFW worked with now Representative Judy Chu and Governor Arnold Schwarzenegger to issue the first comprehensive regulations in the Nation to protect farm workers and other outdoor workers from dying or becoming ill when temperatures soar. Later in 2015, we worked with Governor Jerry Brown to ensure more effective, timely, and consistent enforcement of State heat rules. Furthermore, the State issued strengthened heat regulations for all employees that work outdoors. Their rules require that employees are provided with fresh and cool water, shade be present at 80 degrees, and accommodate all employees on recovery or rest periods and those on-site taking meal breaks. High heat procedures are triggered at 95 degrees and ensure observation and monitoring of employees, and training to identify and prevent illnesses. And over time, we have seen the progression of the standards implementation in fields across California. When driving along Highway 99 and Highway 5 initially, all you would see was tarps put out there for workers in an attempt by employers to provide workers with shade. In those cases, workers would be left to sit in the dirt or have to bring their own blankets or portable chairs so they could be more comfortable during their breaks or while they were eating. Nowadays, oftentimes, we see many growers embracing the standard. Many of them, even now, have trailers in place that have roofs over tables and benches so workers can rest and sit down when eating and taking their breaks. The road to implementation and enforcement of the California State standard has not been an easy one. When implementation and enforcement have occurred, the standard has secured meaningful improvements for farm workers and resulted in a notable reduction in the number of farm worker deaths related to heat hazards. California is a prime example that implementing commonsense heat illness protections is good for workers, employers, and for our food system, but we did not stop and should not stop there. Maria Isabel, Miguel Angel, and the other heat victims had only one life. The only way we, the living, can affirm that the lives of farm workers are important and that they didn't die in vain is by bringing the protections we want in California throughout outdoor and indoor workers across the Nation. Thank you very much. [The statement of Mr. Arturo Rodriguez follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Adams. Thank you very much, and thank you all to all the witnesses. Under Committee Rule 8(a), we will now question the witnesses under the 5-minute rule. I now recognize myself for 5 minutes. Dr. Bernard, the testimony of Mr. Cannon from the AGC calls the legislation before us a one-size-fits-all bill, because different parts of the country have different temperatures, and because people are different because of age, preexisting conditions, drug use, and lifestyle choices. But it seems to me that this bill allows an employer to choose from a number of options to protect its workers, depending on the heat conditions and their workplace and the type of work that they do. It seems to me that as long as they seriously consider how to make their workers safe from excessive heat, it is more like a Burger King slogan, ``have it your way.'' A little heat water and shade if it is cool, or a lot if it is hot, air conditioning when it is appropriate or cooling suits when it is not. Dr. Bernard, would you agree? Mr. Bernard. I do agree. Chairwoman Adams. Thank you. Dr. McCarthy, do city employees such as those studied do dangerous work that places them at risk of occupational injuries or illnesses? Dr. McCarthy. Yes. They work in dangerous atmospheres. They use heavy equipment. They work in confined spaces and high places. Yes. Chairwoman Adams. In my state of North Carolina, State and local government employees are covered under a State OSHA plan, but I realize that 24 of the states do not have these legal protections in place. In your view, would it be a good idea to provide OSHA coverage for State and local government employees in states, such as Texas, which currently have no OSHA protections? Dr. McCarthy. Of course. All workers should have a place of employment where they do not have to risk serious physical harm or their life to provide for themselves and their family. Chairwoman Adams. Why did you decide to implement a heat stress prevention program for the city given that Federal OSHA has no jurisdiction over State and local governments in States such as Texas? Dr. McCarthy. For that very reason. These employees had serious heat illnesses, and it is just -- it is the right thing to do to protect them. Chairwoman Adams. All right. Mr. Little, your testimony concludes that the California outdoor heat standard has been a great success in terms of saving lives. I am happy to hear that. Would you be supportive if OSHA decided to issue a similar standard? Mr. Little. I think if the agency takes the kind of flexible and collaborative approach that Cal/OSHA took in originally developing and revising our standard in 2010 and 2015, it could be a worthwhile exercise to try to do something. But it is going to be very important, I think, to avoid creating a standard that is going to be a one-size-fits-all standard, because our conditions in California are different than they are in most places. Employers in different places in California face different conditions and different challenges in providing protection for employees. So I would simply urge a collaborative approach to learn from what we learned when we went through this process in California. Chairwoman Adams. Okay. Mr. Cannon, you state that this bill presents a one-size- fits-all approach because climate varies from region to region. I think we can all agree that climate varies from region to region. So can you tell me what burden an OSHA heat standard would put on an employer in a mid-region of the country where workers are not exposed to excessive heat? Mr. Cannon. Thank you for the question, Chairwoman. Sorry, Chairwoman. Now, your question is regarding the central part of America, correct? Chairwoman Adams. Yes. Mr. Cannon. I am not certain, you know -- without understanding what the final rule looks like, I cannot tell you what burdens that these employers would face. I will say that, you know, I think everyone on the panel has pretty much repeated the same approach to prevent these types of illnesses, which is water, rest, shade, and education. So, so long as, you know, these requirements are, you know, following those basic guidelines -- I really can't tell you what the impacts would be without seeing what the final rule would be. Chairwoman Adams. So give me a ``yes'' or ``no.'' I just have a few seconds. Mr. Cannon, you stated, referring to OSHA's general duty clause, the fact that current law already protects workers from extreme heat. You are familiar with the Sturgill decision by the Occupational Safety and Health Review Commission. So -- and there was a citation against an employer after a roofer died on the job from heat stroke after internal body temperature reached over 105 degrees. Yes or no? Mr. Cannon. I am, yes. Chairwoman Adams. Okay. Are you aware that OSHA has not appealed this decision so it sets a precedent for enforcing the heat standard? Yes or no, are you aware? Mr. Cannon. That OSHA appealed the decision? Chairwoman Adams. Right -- has not appealed. Mr. Cannon. Oh, has not? Chairwoman Adams. Yeah. Mr. Cannon. I am aware. Chairwoman Adams. Okay. And do you think, as a result, that workers are now more protected or less protected from heat hazards? Yes or no -- more or less? Mr. Cannon. I am sorry? Chairwoman Adams. Are they more protected or less? Mr. Cannon. I would say neither at this point. I think the general duty clause is still in place to enforce hazards related to heat. Chairwoman Adams. So you don't know, you don't have an opinion about whether it is more or less. Mr. Cannon. As I stated, I think -- Chairwoman Adams. Okay. Mr. Cannon. -- the general duty clause -- Chairwoman Adams. Okay. All right. Thank you. My time has expired. Okay. I want to recognize the Ranking Member of the committee. Ms. Foxx, you are recognized now for 5 minutes. Ms. Foxx. Thank you, Madam Chairwoman. And I want to thank our witnesses for being here today. Mr. Little, as you mentioned in your testimony, California experienced a heat wave in 2006 which prompted the State to implement a heat illness prevention standard. But the climate differs dramatically throughout the country. When it gets to be 75 where I live, it is a heat wave. How should we take that into consideration when considering whether to impose legislatively a one-size-fits-all Federal regulation? Mr. Little. We have 26 state plan states, and the rest are under Federal coverage for most private employers. And I think that you can give those state plan states a lot of flexibility to be able to figure out how to go about best protecting workers on the basis of conditions that are unique to their States. That is why we have state plan states in the first place and why California opted to have its own plan, because we have unique conditions in California that don't exist anywhere else. Perhaps one of the most important unique conditions that exists in California is that, since we grow more food than any other State in the country, we employ about two out of every three farm workers that work in the United States. We also have kind of a unique climate where, unlike today where you can wear the air it is so humid here in Washington, in Sacramento it is going to be 96 degrees but the humidity is only going to be 20 percent. So it is going to be much more comfortable to work outside. And what kind of remedy you pursue on any given day is going to be different depending on what activity you are doing, what the weather conditions are, and just what the local conditions are. So I think that you can give a lot of different parties a lot of flexibility to be able to decide what is going to work best for them. Ms. Foxx. Thank you. Mr. Cannon, as you mentioned, employers are already required under the law to provide employees a workplace free of known safety hazards. Can you expand upon actions that OSHA is currently undertaking to ensure that employees are protected from heat illnesses? And, in your view, has the agency been effective in its outreach to industry and in raising awareness on heat illness prevention? Mr. Cannon. Thank you for that question. As I mentioned in my written as well as oral testimony, the heat illness prevention campaign has been a huge success. I can cite a handful or several AGC chapters who have taken that campaign and spread the word throughout their local memberships. And even according to OSHA's website, the campaign has reached millions of workers and employers. So I think, you know, if data were collected -- I am not for sure if you are familiar with their annual Fall Stand-Down, but I think, you know, the numbers of participants in this campaign itself would rival that. So I think they are doing a good job with spreading the word about what needs to be done to protect workers from, you know, extreme temperatures, especially heat. Ms. Foxx. Thank you. Mr. Little, in your testimony, you said that California is in the process of promulgating an indoor heat standard, and there is confusion about what is considered an indoor versus an outdoor environment. Can you expand upon the uncertainty in this area? Also, what lessons should we take from California's recent rulemaking on an indoor standard when considering whether Federal legislative action should be taken? Mr. Little. We have recommended to the agency that the indoor standard that they are considering should be considerably simplified from what they have produced so far, should be more similar to the outdoor standard than what they have created up to this point, that it should focus on specific industries and activities where there is significant risk related to heat illness. The warehouse work that was cited by another one of the witnesses today is a pretty good example of an indoor environment that needs to have something done about heat illness because of the conditions you face. Trying to impose a one-size-fits-all indoor regulation on the huge variety of indoor employers, where you have everything from an air-conditioned dentist's office to an un-air- conditioned warehouse facility, trying to create a one-size- fits-all program that will fit all those will fit none of them. So we would, again, strongly suggest that, should Fed OSHA decide to go down this road, that they learn from what we've learned in California while putting our standard together and doing what was necessary to make it work. Ms. Foxx. Thank you. Mr. Cannon, when considering new laws or regulations that affect the American workplace, we need to understand the full impact these policies would have on industries that employ tens of thousands of people. Can you walk us through how employers typically participate in OSHA's traditional rulemaking process? Why is it so important that the agency follow that process and allow the public sufficient opportunity for input? Mr. Cannon. Thank you for that question. Oftentimes, you know, the primary way that employers are engaged in the rulemaking process is the review-and-comment period. OSHA issues a proposal, whether it is an advance notice of proposed rulemaking, a notice of proposal, or request for information, and it gives the regulated community the opportunity to review what is being put out there for consideration and respond accordingly. One of the things that, you know, I have observed is that oftentimes some of these proposals can be complex and require extensive review and analysis. And I think that is where it takes some time and, I think, we have historically asked for extensions. And so, you know, it does take some time for employers to review the proposals, analyze what is being proposed, and respond with complete and comprehensive remarks so that the agency can take them into consideration. You know, I think the second piece that is equally important is giving the agency enough time to review -- Chairwoman Adams. We have run out of time, so if you could -- Ms. Foxx. Thank you, Madam Chairwoman. Thank you for your indulgence. Chairwoman Adams. All right. Thank you very much. Thank you. I want to recognize now the gentlelady from Pennsylvania, Representative Wild. Ms. Wild. Thank you, Madam Chairwoman. I would like to address my first questions to Mr. Javier Rodriguez. Sir, I read your testimony with interest, and it deeply concerned me. And I would like to ask you if you could tell us a little bit about the situation that actually occurred with your wife when she was working so that we get that on the record. Mr. Javier Rodriguez. Yes. The last year in Ontario, California, we had high temperatures, 110, 120. My wife work in the warehouse. She packaged clothes for some of the very important stores, like Charlotte Russe. And she starts, like, typical day, she starts, like, at 2:00 p.m. And 2 hours after she started, she started feeling bad. And she went with the supervisor, and then she is telling him, like, she feels sick, like, it is too hot, like, we need drinking water and take some break. And the supervisors respond like, oh, well, you can rest and back to work, or you feel bad, go home and come in tomorrow when you feel better. And she went back to the house. And she called me. Hey, Javier, I feel bad. And I said, hey, you know, like, this is a serious problem. Like, we need to go to the doctor. And we went to the doctor. The doctor diagnosed it like, oh, you have a stomach flu. So this is hard for, like, for example, my wife or another workers in California make some complaint or do something against the heat, because the doctors never give a real diagnosis. Ms. Wild. Let me ask you another question. Mr. Javier Rodriguez. Yes. Ms. Wild. So that is your wife's experience, and you commented in your testimony about some other coworkers or people that you knew in the workforce who had heat-related problems. Was your wife's experience in getting the doctor to diagnose it as being work-related typical? Mr. Javier Rodriguez. Yeah. Ms. Wild. Okay. Mr. Javier Rodriguez. It is typical for the workers, yeah. Ms. Wild. And do you know workers who have filed workers' compensation claims related to heat-related illnesses? Mr. Javier Rodriguez. Not -- no. I never hear of some of the workers, like, file a workers' comp complaint around the heat, the heat illness. Ms. Wild. All right. Mr. Javier Rodriguez. It is not easy because what I mentioned before. Like, the doctor diagnosis never say, like, oh, this is something for the heat. It is all the time, like, different kind of diagnosis, like, high pressure, diabetes, flu, so much, like in my wife's case. Ms. Wild. Okay. So let's talk for a moment about the warehouse work that you have done. My district in Pennsylvania is home to many warehouses and factories. My understanding is that you worked in a warehouse moving freight in and out of metal shipping containers. Is that -- Mr. Javier Rodriguez. Correct. Ms. Wild. -- right? Can you give us some idea of how hot it gets in those metal shipping containers and inside the warehouse compared to outdoor temperatures? Mr. Javier Rodriguez. Yes. The warehouse doesn't have any air circulation. And these containers, this is small -- we have the small space. We load and load merchandise. And when the temperatures outside is, like, 100, inside the containers, these metal containers, it is 115, 120. Ms. Wild. So did they have any fans inside the -- Mr. Javier Rodriguez. No, we don't have any fans. Ms. Wild. And are the containers in any way air-conditioned from the truck that is going to be pulling the container? Mr. Javier Rodriguez. No. This kind of container doesn't have any air conditioner, because it is a metal -- these containers come from China and other regions. Ms. Wild. So what would you do if you became overheated while working inside one of these metal containers? Mr. Javier Rodriguez. What we do is, like, go outside and try to drink water, rest. But like I mentioned before, the supervisor don't like that. Like, we need to continue work, we need to produce. So this is a real situation, a real problem, when the worker is trying to do something to feel better, like -- yeah. Ms. Wild. I would like to switch over to Dr. McCarthy. Dr. McCarthy, can you comment, please, on the clinical symptoms and prognosis of heat stroke? Dr. McCarthy. Yes. The clinical symptoms of heat stroke, usually you start with heat exhaustion, which can have dizziness, headache, profuse sweating, nausea. The change occurs when you start having neurologic symptoms, when the thermoregulatory system breaks down and cannot keep the core temperature maintained at the 98.6 degrees, give or take a degree -- Ms. Wild. Can heat stroke have long-term implications for a person other than death? Dr. McCarthy. Yes. You begin to have multi-organ failure, and this affects the brain, liver, kidneys. And if not treated within 2 hours, it is a true medical emergency. You can have long-term chronic health symptoms related to those organs that are affected and/or death. Ms. Wild. Thank you very much. My time is up. Chairwoman Adams. Thank you very much. I want to recognize the Representative from Michigan, Representative Stevens. Ms. Stevens. Thank you, Madam Chair. And thank you to our panel of expert witnesses. I also happen to serve on the House Science Committee, and we are having a hearing today on glacier ice melt and rising sea levels. And this is a conversation about climate change. This is a conversation about what climate change is posing to our economy, to our people, to our workforce. And heat has obviously always existed in, you know, the United States and in the fields of work that we have heard from today and that are in the testimony, but the expectation that it is going to get worse is spot-on. And how we as a body take these matters seriously and for what they mean for people and for workers is of paramount importance. There is also something significant in this room, which is that I am reconnecting with a friend, Arturo Rodriguez, who may or may not remember me from the time that I picked him up from the airport, O'Hare Airport, in March of 2016. And we find ourselves yet again, my friend, in this important hearing. And so I would like you to be my first question, which is: Could you just talk to us a little bit more about your personal experiences, particularly in the warehouse lines of work, people who you have had the privilege of representing? We would love to get some more of that narrative, sir. Mr. Arturo Rodriguez. Well, I will leave the warehouses to Javier. Ms. Stevens. Yeah. That is Javier, yeah, but -- Mr. Arturo Rodriguez. I will definitely talk about, you know, the fields. And Mr. Little made some good comments in regards to the situation with agriculture. The reality is, folks, that, I mean, the temperatures are soaring. The Coachella Valley, if not already, very soon it will be 115 to 125 degrees. Workers working out there harvesting vegetables primarily, at this point in time, and some citrus. But we have to have standards. And we have seen the standards that have been implemented now with water, shade, and rest breaks. And ensuring that supervisors and foremen are well-trained but also that the workers really understand what the symptoms are has helped out tremendously to reduce the number of deaths and to ensure that we lower the worker compensation costs for the employers and ensure that there is better production because workers are feeling like they can produce in an environment where they do have the water, the rest, and the breaks and so forth. And so we are very fortunate to be able to have passed those regulations thanks to the hard work of Representative Judy Chu and others to really make that possible. And so we are really looking forward to this being expanded throughout the Nation. Ms. Stevens. And you might not know this, but you are a pride and joy of southeastern Michigan. And I am a Representative from southeastern Michigan, and we are so thrilled to have your connection to the labor movement. It is tied to Michigan and your time in Michigan. We know you lived in Michigan, in my great State. What is the role here of the medical professionals? And I kind of open this up to the panel with the remaining time I have left. Why have doctors not been recognizing some of these conditions as tied to workplace protections, particularly as it pertains to the excessive heat? Dr. McCarthy. Okay. I think it has just been under- recognized as an illness related to the workplace because it does have a multi-organ effect. I think it has been under- reported by workers. It is under-recognized as an illness by clinicians. And it is great that it is becoming more recognized. When it affects a certain system, such as the cardiovascular system or the kidneys or the liver, it gets that diagnosis on the chart versus the heat-related illness. Or you get dehydration. And I think that is why we don't get the recording of a heat stroke or heat exhaustion, because the doctor is attending to the specific system that is being treated. I hope that helps. Ms. Stevens. Thank you. Madam Chair, I yield back. Chairwoman Adams. Thank you very much. I yield to the gentleman from California, Mr. DeSaulnier. Mr. DeSaulnier. Thank you, Madam Chair, for your leadership. And to the panel, Mr. Little, Mr. Rodriguez, particularly Mr. Little, it is nice to see you. I was Chair of the California State Senate Labor Committee when we were having hearings on our law and we were working with the farm workers. It was not always easy, I think is the proper way -- from my memory, Mr. Little. But maybe you could expand a little bit on what you and the employers have discovered as you have gone through this process and hopefully worked with the State Department of Labor but also with the researchers in the field and your employees on the benefits of it and the challenges, to be quite honest. Mr. Little. The challenges, I think, are mostly logistical. We have long had to comply with field sanitation requirements that require you to provide some sort of toilet facility, often a chemical toilet, like you find any outdoor chemical toilet at any outdoor event, and figure out how to manage the logistics of getting that to the field, getting it to where the workers are, getting it at the appropriate location so they don't have to walk too far in order to get to it. And then with heat illness it is a slightly different situation, because you need to have the water within -- I mean, the agency picked the word ``practicable'' to put in our regulation. And I am not sure I know how to define ``practicable.'' Maybe it is like ``truth'' and ``beauty''; it is in the eye of the beholder. But the general idea is you keep the water and the shade as close as you can with practical means. And that gives us an opportunity to try a lot of different things to try to provide that shade. We invented -- I didn't do it, but we invented a piece of farm equipment that didn't exist prior to the heat illness standard, and that is the shade trailer. I don't know if you have ever seen one of these things. I think you might have. But it is basically a two-wheel trailer that you haul around behind a pickup truck that has two wings that unfold, that has a picnic table in the middle so the workers can sit on the benches, facing what amounts to a picnic table, eat their meal, their midday meal, there. You can stow personal articles in the trailer -- tools, water. Usually they have a rack on it for a 5-gallon Igloo cooler. But if you are already hauling the portable toilet out to the field, then you have to find another truck to haul the shade trailer or, more often than not, several shade trailers out to the field. So that flexibility in logistics, making sure you always have enough water on hand is something I -- when I talk to people about, I put a lot of emphasis on making sure you have worked out how you are going to make sure you have the requisite amount of water and give some thought to how you are going to do that. Don't do something like -- Mr. DeSaulnier. This isn't a hearing about water in California -- Mr. Little. Sorry. Mr. DeSaulnier. -- Mr. Little. You don't want to go down that road. Mr. Little. All right. Mr. DeSaulnier. Go ahead. Mr. Little. Oh, I am sorry, I just was going to make one last point related to that, and that is, don't make the mistake that I have seen farm employers make from time to time, where, in their zeal to try to make sure they have water out there for everybody, they go out and they pick up all the Igloos and they take them in town to Taco Bell to fill them up with ice and water, but you are leaving the workers that are there with no water while you are doing that. Mr. DeSaulnier. Right. Mr. Little. So just thinking ahead a little bit and having a plan for how you are going to do this can make it a lot easier to deal with it and make sure you provide water and shade for people, as you are required to do under our standard. Mr. DeSaulnier. Mr. Rodriguez, passing effective policy is one thing, but having the cultures change to see the value, both from the employer and the employee, how do you see that, as the regulation continues to be enforced, particularly in California? And, by the way, we are happy to have you in California from Michigan. Mr. Arturo Rodriguez. Thank you. I think it has created a situation whereby employees feel much more respected, feel like they are being treated as human beings and not as agricultural implements. I mean, they know what they have gone through year after year after year. And, unfortunately, we weren't able to get these regulations, to even begin consideration, until 2005. But I think a lot has changed over the course of the last two decades, and we have seen significant improvements in terms of what has transpired. And we are hopeful that there are new innovations that are going to come up. Like, the shade trailer was one, and I am sure there are going to many, many more as we look to how we can protect employees and how we can create a better work environment for them. Mr. DeSaulnier. And how has that improved the agricultural industry in California, from your perspective? Mr. Arturo Rodriguez. Well, one, I mean, in terms of -- as already mentioned by Mr. Little and as I mentioned in my testimony, we have seen the shade trailer come out, which, for the first time -- I mean, it is hard for us to imagine. Can you imagine sitting in the dirt eating your lunch every single day? And that has just changed now within the last 5 years, where you see shade trailers. So I think more and more of those types of things are going to come and take place and become a reality, as well as thinking about how do you provide cool water to folks and get it close enough to them when they are working in fields with long rows and many, many acres and so forth so that we can provide the immediate attention folks need. Mr. DeSaulnier. Thank you. Thank you, both. I thank the panel, and I thank the Chair. Chairwoman Adams. Thank you very much. I will now yield to the gentlelady from Minnesota, Ms. Omar. Ms. Omar. Thank you, Chairwoman. Over 30 million people in the United States have jobs that require them to work outside, according to the Bureau of Labor Statistics, which makes the issue of deadly heat exposure a very serious workplace safety concern. Frankly, I find it disturbing that a country like ours has to adopt safety standards surrounding this problem. I sit on another committee just across the hall, Foreign Affairs Committee. And there I often talk about the importance of upholding the same values and standards here at home that we are promoting around the world, and this is a perfect example of that. Just a couple of years ago, I remember the world calling out Qatar to establish some kind of heat exposure rules to protect the migrant workers dying doing construction in preparation of the World Cup. And so how could it be that here in the United States we are still lacking those standards ourselves? And this concern is only made more serious when you consider the climate crisis we are currently facing. Climate change is making extreme heat days more frequent, and it is bringing about record-breaking summers. And that is a trend that is only going to continue unless we take serious action and we take it soon. It is true that only three States here in the United States have established these standards. Those are California, my home state of Minnesota, and Washington. And so we have to make sure that we are doing something to standardize it for the whole Nation. So I wanted to chat a little bit about the kind of vulnerable communities that are in some of these workplaces. And to Mr. Rodriguez, you mentioned in your testimony that nearly 70 percent of our agricultural workforce comes from the immigrant communities. I believe that it is an important factor we need to take into consideration here, because it is no secret that immigrant workers, even though they are often facing high risk, they are high risk of injury or illness, are more likely to suffer in silence because of the fear of retaliation. The threat of violence and harassment and fear of having their status held against them is something that many immigrant workers know a little too well, regardless of what industry they might be in. And so could you, Mr. Rodriguez, share with us a little bit more on how the lack of strong Federal workforce regulation is hurting these workers particularly and how it makes an already vulnerable community more vulnerable? Mr. Arturo Rodriguez. Thank you very much for the question. It definitely has an impact because of the fact that, one, probably the percentage of immigrant workers in this country working in agriculture today is probably even much higher than 70 percent; and, secondly, many of them do not speak the language or English, and so they are not aware of what regulations are, they are not aware of what the rules are, and so forth. Thirdly, there is an extremely high percentage, as many on the committee know, that these workers that come here to work in agriculture do not have legal status in our country today. So they are extremely fearful about the fact that many will hold that over their head and, ``If you don't work, then I am going to report you to the authorities.'' And none of these workers that are here come here to work because, one, they want to improve their families, but, most importantly, they want to be able to provide for their families, and they know and they are experienced and they are professionals in agriculture. So, as a result, the fact that they don't have legal status and that oftentimes is utilized against them has a really severe impact. We are confident that, much like in California, where we have instituted these regulations, that if we do this on a national basis -- and you have done in your State already, in Minnesota, and Washington State -- that we will be successful at workers, one, being protected and, secondly, being much more open about the fact that these issues have to be addressed. Ms. Omar. And what are other proposals that you have, beyond just addressing the workplace, that we can address to make sure that these vulnerable communities don't continue to be vulnerable? Mr. Arturo Rodriguez. Well, I think in terms of, as mentioned already by others testifying this morning, that we need to figure out how to do an educational program in the languages that workers speak, in the language oftentimes that supervisors and foremen speak, so that people are much more aware of what is needed and so, as a result, they can take immediate action when they feel symptoms of heat stress and so forth. Ms. Omar. Yeah. Considering the safety of our workers allows us to consider their dignity and make sure that their humanity is intact. So I look forward to us addressing this. And I yield back. Chairwoman Adams. Thank you very much. Ms. Jayapal, you are recognized for 5 minutes. Ms. Jayapal. Thank you so much, Madam Chair. And thank you all very much for being here. We have heard today that workers are dying from heat exposure both outdoors and indoors in places like warehouses that routinely exceed 100 degrees. And we have also heard that many heat-exposed workers have contracted chronic illnesses, like kidney disease, and that medical professionals are concerned that there is a link between those diseases and heat exposure. In some unionized warehouses, workers already have heat standards. I am proud of my State for having some standards. For example, ILWU's Local 26 has a collective bargaining agreement with heat standards that protects workers in the Rite Aid distribution centers in the Mojave Desert. Before workers unionized, though, let's be clear that the temperatures in the warehouses were so high that a worker died. And across the country, despite your tremendous work, Mr. Rodriguez, not all workplaces are unionized, and many workers are suffering terribly. So let me start, Mr. Javier Rodriguez, with you. You worked in a warehouse where you faced horrific conditions, and you then started organizing other warehouse workers to take action. Thank you very much for your courage. When a worker doesn't feel well on a job, do the labor contractors or the warehouse companies do any follow-up to see if the worker is actually okay? Mr. Javier Rodriguez. Not any follow-up. Basically, the company don't care. Like, especially with the warehouse workers in our area, the majority work for the staffing agencies, and these staffing agencies don't have any, like, prevention plan, health insurance. What we say with the staffing agencies, you are hired in the morning, you are fired in the afternoon. So, basically, no, any follow-up. Ms. Jayapal. And so, if there is some sort of a medical emergency, there is really no support whatsoever to deal with that on the job. Mr. Javier Rodriguez. No. No. Because -- I don't know. Like, I think -- I have a lot ideas in my mind. But when you feel bad, what the company do is, like, ``Oh, sit down, like, couple minutes. When you feel better, back to work. If you don't feel good, like, go home. Take the day.'' So this is how the companies probably, like, wash their hands -- Ms. Jayapal. Yeah. Mr. Javier Rodriguez. -- to take responsibility with the workers. Ms. Jayapal. Thank you. Mr. Cannon, let me turn to you. In your testimony on behalf of AGC, you state that Asuncion Valdivia Heat Illness and Fatality Prevention Act would be too burdensome for employers, if I understood your testimony. Do you agree that, as we have heard today, that workers are dying from heat-related causes? Mr. Cannon. We do recognize that heat is a problem in our industry. What we are saying is that there is no one-size-fits- all approach to regulating the heat, especially in the construction industry. When you have the various trades, you have some -- Ms. Jayapal. But do -- I am sorry. Let me just stop you for a second. You agree that death because of heat-related illnesses on the job is a problem in the industry? Mr. Cannon. Yes. Ms. Jayapal. Okay. And do you think it is wrong when workers die on the job? Mr. Cannon. Yes, it is wrong. Ms. Jayapal. Okay. And do you agree that, while some employers voluntarily adopt standards because they may be higher-road employers, do you agree that legislation should be focused not on the top of the barrel but on the bottom of the barrel, the employers that refuse to adopt standards, refuse to actually take action when workers are dying on the job? Mr. Cannon. What I think would help is better outreach. Ninety percent of the construction industry are employers with 20 or fewer employees. So these are the ones that I think are not as informed, I will say, and -- Ms. Jayapal. Do you think that we should wait to inform employers and allow workers to die while we wait for that? I mean, how long -- do you think one death is -- Mr. Cannon. One death is too many. Ms. Jayapal. One death is too many. Mr. Cannon. Yes. Ms. Jayapal. So then why wouldn't you -- because I think you are an employer who has taken some precautions around this. Mr. Cannon. Yes. Ms. Jayapal. You have admitted that there are workers who are dying on the job. Why wouldn't you want legislation to make sure that every employer takes precautions as you do? Mr. Cannon. Regardless of whether it is the legislation or a regulation or standard, you still need to reach the small employer. Ms. Jayapal. Sure. But you don't you think that legislation gives an added push for an employer who isn't paying attention, is allowing for workers to die? Because you agreed with us that workers are dying on the job and that there is a problem in the construction industry. So why wouldn't you want to -- well, I mean, I have heard your answer, but why would an OSHA heat standard be too burdensome? Because, according to your testimony, you already encourage contractors to engage in safe heat-related practices. But the reality is they are not listening to you, Mr. Cannon. Maybe they would listen to the Federal Government if we actually had some standards around this. Let me just -- I guess my time has expired. I am sorry, Mr. Rodriguez. I was going to ask you a question. I just want to thank you for your decades of service on behalf of farm workers and people across the country who are providing such tremendous service every day to all of us as we eat the food on the table. Thank you. Chairwoman Adams. And thank you very much. Mr. Cline, you are recognized for 5 minutes, sir. Mr. Cline. Thank you, Madam Chair. Before I get to my first question that I had written down here, Mr. Rodriguez, you said in your answer to Ms. Jayapal that you were told, if it is too hot, to take a break, to sit down, to have some water, to take a rest, or to take the day, potentially, if you need to take time off? Mr. Javier Rodriguez. When it is too hot -- Mr. Cline. Didn't you just say that? Isn't that how you responded to the question that was just asked of you? Mr. Javier Rodriguez. Yes, I would take the breaks. Mr. Cline. Okay. Mr. Javier Rodriguez. We forced the company to give us breaks. Mr. Cline. But the company gave you breaks. And, in fact, if you said you -- Mr. Javier Rodriguez. The company don't give you no breaks. We force it. Mr. Cline. Okay. Mr. Cannon, your testimony is that a one-size-fits-all policy does not apply. But you did acknowledge that deaths due to heat-related illness is a problem in some States, correct? Mr. Cannon. I was just speaking in general. Any death, you know, whether it be heat-related, fall-related, is a problem in our industry. Mr. Cline. In some states, deaths related to heat are reduced or may not even occur because the heat is not excessive, correct? Mr. Cannon. Correct. Mr. Cline. Okay. So to require each state, which has different levels of heat, different rates of heat-related illness, to go through all of the plan content that is in this legislation, which was just given to us, I believe, yesterday - - a plan to include hazard prevention, including engineering controls, administrative controls, personal protective equipment, local exhaust ventilation, shielding from a radiant heat source, insulation of hot surfaces, the provision of air conditioning, cooling fans, cooling mist fans, evaporative coolers, natural ventilation, administrative controls, rotating employees, scheduling work earlier or later in the day using work-rest schedules, personal protective equipment which may include water-cooled garments, air-cooled garments, reflective clothing, and cooling vests. Would you say that constitutes a one-size-fits-all regime that may be overly burdensome in some parts of the country? Mr. Cannon. I am sorry. Can you repeat that? Mr. Cline. All of the things I just said are part of a plan that has to be developed under this legislation. Would you say that the imposition of a one-size-fits-all solution on employers, large and small, no matter what region of the country they are coming from, would be excessively burdensome on some employers, whether it is in parts of the country or some smaller employers? Mr. Cannon. I think if you are requiring an employer to -- or prescribing an employer to implement measures that are not applicable to what they do, then it could become burdensome. Mr. Cline. Okay. Dr. McCarthy. May I interject? Mr. Cline. No. Ms. Chairwoman, I agree that occasional exposure to heat and the illnesses that result is a very serious issue, and we are looking to reduce and eliminate the consequences of this. But it is important to be mindful of the individual considerations and norms that States have. More mandates don't always equate to better practices. That is what we should be focused on in this hearing. One-size-fits-all becomes far more complicated for certain industries, such as truck drivers, who are changing environments from one place to another. And when a request was made in 2012 to push OSHA to issue a one-size-fits-all standard, the last administration denied the petition due to the complications and ineffectiveness that one overreaching standard would have. I look forward to discussing further potential ways that employers and States can work together to prevent the effects of occupational heat exposure, but I would warn against the imposition of a one-size-fits-all mandate on employers that would harm the economy and harm workers at the end of the day. I yield back. Chairwoman Adams. The gentleman yields back. All right. I want to officially welcome Mr. Keller of Pennsylvania to the Committee on Education and Labor. And, Mr. Keller, I now recognize you for 5 minutes. Mr. Keller. Thank you, Madam Chair. It is an important issue when we are talking about safety of the people that work in the United States. I was in private industry, and I was also in State government. And I guess I would have a question for Mr. Little. When we are looking at Congress trying to implement a one- size-fits-all approach, being the diversity of our Nation and the working conditions from California to New York and from Maine to Alabama, do you feel it would be best to let this decision up to the States, have OSHA work with the States and let it up to the States to determine what might work best to protect the workers in those areas? Mr. Little. Twenty-six states have state plans, and they have the legal capacity to be able to promulgate standards, just like California did. Some may choose to do so, as some have already have, and some may choose not to. Some may choose to rely on what may be in their law already. In the Federal law, we have the General Duty Clause. In California, we have an injury and illness prevention plan requirement. They are kind of analogous, because if your injury and illness prevention plan doesn't cover the hazards that you actually have in your workplace, then you need to modify it and take those hazards into account. Heat is obviously one for outdoor workers. So there is usually more than one way to fix a problem, depending on what the problem is. And I think, to the extent that you give people flexibility and space to be able to figure out their problems, whether or not -- whether it is Federal OSHA perhaps doing a standard at some point or the way we went about doing our standard in California, where we talked to all the stakeholders, including employers who have to actually implement whatever it is the regulation comes up with, is going to be very important to create something that you can actually make work on the ground in the real world. Mr. Keller. Okay. As far as the California standard, has there been any enforcement or audits of the California standard with any of the employers? Mr. Little. There has been quite a bit of enforcement around our heat and illness prevention standard, yes. Mr. Keller. Okay. And has that been working out well for the people that work in California? Mr. Little. Sometimes -- I think we accomplish more when we undertake the education than we do when we undertake enforcement, some types of enforcement, where you are penalizing an employer for failing to have a written copy of the program at each individual work site. For agricultural employers, probably for construction employers too, you could have dozens of active work sites on any given day. If someone forgets a piece of the notebook they carry with them that happens to be their heat and illness prevention plan, the person who is in charge of safety for the company knows how to implement it, knows how to direct others to implement it, but if you don't have that copy of that plan at each individual work site, that is a violation of our standard. I understand you want to educate people, and maybe part of education is making that available. But what harm occurs if you don't have that, and why are you penalizing that employer? I think the penalty is $7,500 for failing to do that. So there is a right way and wrong way to do a lot of different things. I am not sure that penalizing people for paperwork violations is constructive. Mr. Keller. Well, I guess I would have a question, then, because I come into mind, in Pennsylvania, we have PennDOT, which is the Department of Transportation, and a lot of times they have flaggers out when there is construction work. And it is hot and so forth. I imagine California's Department of Transportation does the same thing for road construction. Would they fall under the same enforcement rules as the farmers, the agriculture community, landscapers? Mr. Little. To the best of my understanding, yes, they do. Mr. Keller. They do. Okay. Do they have the plans -- or how do they do it? I guess that might be a way to look, how the government -- are you aware of how the government makes sure that there is a plan in place for that worker that is standing on a highway as the flagger? How do we take care of them and make sure they do their paperwork? Mr. Little. I don't know. I have never worked with them, so I don't know what they do. Mr. Keller. I think it would be incumbent upon Congress to make sure we understand that we are protecting all the workers and we are not putting some regulations on private industry. And we need to make sure everybody is safe. And I think going about this from Congress rather than letting the states do it, I think we are probably creating some unintended consequences for the workers and for the States in order to enforce a good policy. I yield back my time. Thank you, Madam Chair. Chairwoman Adams. Thank you. I now recognize the gentleman from Arizona, Mr. Grijalva. Mr. Grijalva. Thank you, Madam Chair. And thank you very much for the hearing. Much appreciated. Dr. McCarthy -- and Dr. Bernard, if you want to also chime in -- it is not only here, but every time that there is a discussion about promulgating a regulation or a rule around worker protections, we get the one-size-fits-all counterargument and also what I heard from one of the witnesses: We will be forced to do individualized plans for each worker. Respond to that. Because we are talking about standards here as the guardrails to protect workers. Talk about the argument that we can't do this because one-size-fits-all does not work. Dr. McCarthy. There are many OSHA Federal standards for hazardous exposures, such as asbestos, lead, and the list goes on, and they are not a one-size-fits-all for all employers. They have action levels, permissible exposure levels, ceiling limits. NIOSH has recommended action levels and exposure levels. And so, just like the weather, the NOAA has a chart where you calculate heat index, what temperature, OSHA also has a standard. So it is not -- if the employer does not fit in that heat and temperature, we also have, for indoor workers, wet bulb globe temperatures. And this takes into account four different measures for heat, so you can apply it equally among outdoor and indoor workers. Because, as Mr. Rodriguez said, the indoor can be much higher than even the outdoor worker. Mr. Grijalva. Thank you very much. Any addition to that? Mr. Bernard. Yes. Thank you for asking. I feel, far from it being a one-size-fits-all, I really think it is a menu of options. There are things that we do that are kind of transcendent through any jobs. And we talked a bit about that in terms of the education and the drinking and surveillance. So those are common elements. How you execute them are individual. Then we talked about a long list of others that really are very much, does it apply to the particular workplace? With regard to people with individual susceptibilities, most of the guidance for occupational exposures are acclimatized, healthy people. It is the reason why you want to have a good emergency plan to take those other people who may be individually at risk -- Mr. Grijalva. Gotcha. Mr. Bernard. -- that fall out. Mr. Grijalva. Appreciate that. Mr. Arturo Rodriguez, good to see you again, my friend. We talked a lot about Cal/OSHA. Would employers be providing water, rest, shade, and innovations that we see now in California had Cal/OSHA not been implemented or passed? Mr. Arturo Rodriguez. No, I don't believe so. I mean, as mentioned earlier today by Mr. Little, 26 States, I believe, do have the opportunity to employ some type of standards as we have been discussing here today and only 3 have done so. So I think it is incumbent upon OSHA to really take action on a Federal basis to ensure that we do have standards set across the country. Mr. Grijalva. Yeah. Farm workers, many times, are paid on the piecework, and many farm laborers are on a piecework basis. They could lose pay for taking shade and rest breaks. How are they compensated within Cal/OSHA? Mr. Arturo Rodriguez. So my understanding is and the way that we have chosen to do it in the State of California has been -- and piecework is very common there -- that they will take the average of the hours worked during the week and look at the wage that they have earned and average it out, and that becomes the hourly rate for the worker to be paid, whatever break time that they took. Mr. Grijalva. Cal/OSHA -- again, another question. Would the agency have taken the initiative to adopt the heat illness prevention standards if the legislature had not passed a bill that mandated that? Mr. Arturo Rodriguez. In our opinion, no, they wouldn't have. Mr. Grijalva. You know, one of my colleagues mentioned the point about climate change. And, yes, that is part of the discussion. Everything is warming. The globe is warming. We can have that debate some other time. And I know it will be an intense debate about what we do about climate change in this Congress. But, nevertheless, this is not part of that debate. This is about worker protection, regardless of the source of the heat, regardless of the exposure. And we should deal with that on that level, because, yes, climate change is part of it, but this is the easy part that Congress faces in dealing with this issue. I yield back and thank you again, Madam Chair. Chairwoman Adams. Thank you. I want to now recognize the Ranking Member of the Subcommittee, Mr. Byrne from Alabama. You have 5 minutes, sir. Mr. Byrne. Thank you, Madam Chairwoman. Mr. Cannon, I know a lot of contractors in Alabama. I think most of them are your members. And they tell me, to a person, that they are having a hard time finding workers. So they are doing everything they can to attract workers, and once they get them, they are doing everything they can to keep them. I wouldn't think it would be positive to attract workers and certainly to keep them if you are exposing them to an unhealthy environment. So I would think most of your members are doing what they know to do to try to make sure that they maintain a healthy environment, including one involving heat. Is that correct? Mr. Cannon. That is correct. You know, our members are encouraging their workers to report any and all hazards, including heat-related hazards. They ask them to report any and all injuries and illnesses regardless of what the source of the injury and illness was. I think, as you pointed out, you know, trying to keep workers and keep the positive image of the industry is very important to us in attracting new talent to the industry. So, you know, they are committed to the safety of their workers. They give them the authority to stop work if they encounter a situation that they deem to be unsafe and discuss it and come up with a plan to complete their task in a safe manner. Mr. Byrne. Well, you also said something earlier that I think is very important. Most of your members -- and, in my State, most employers, period -- are not big companies. They are smaller operations. So what can we do, what can government do, to help them accomplish what they want to accomplish, which is a safe workplace, particularly with regard to this heat issue? Mr. Cannon. Very good question, but I think that definitely presents a challenge. I think we struggle with trying to reach that demographic of our membership. I know, you know, OSHA as well as NIOSH, they have continued discussions as to how they can better reach the small employer. So, I mean, I don't have a solution or a recommendation, at this point, as to how we can get to that group of employers. But I definitely think, if we are able to reach them on, you know, heat or whatever else, you know, safety-related matter there is, I think we will definitely make improvements and good strides in that area. Mr. Byrne. Mr. Little, some advocates for a national occupational heat illness standard push for very specific requirements such as maintaining water at a specific temperature. Does it make sense for the Federal government to prescribe such specific rules? And is it even possible to meet some of these requirements in an outdoor environment? Mr. Little. I don't think that trying to be that specific with standards that you are required to meet for a heat illness prevention standard really makes a lot of sense. We had debate around that in -- I think it was 2012, about whether or not the agency should specify a temperature for drinking water. What we settled on was that the water should be palatable, that the whole point of the exercise was to place shade in a place where workers will use it, to provide water that is of a quality and temperature that workers will want to drink it. The regulation leaves employers some leeway to figure that out, and I think that is a very practical solution to that problem. Mr. Byrne. Well, one of the things that concerns me is that, when we start to put down these big national standards, it is very difficult to do it without it being one-size-fits- all. You start down the path, and it is like you can't help but go where you are going. Is it possible to create a regulation that would allow for the flexibility that we would need in order to make an effective applicable regulation to the entire country? Can we achieve that level of flexibility in a national regulation? Mr. Little. That is a difficult question to answer. I don't know. I don't think you can if you don't listen to the regulated community and talk to them about what they can actually do in the real world. That is what Cal/OSHA did, and I think that is probably the right approach if you are going to go down that road. Mr. Byrne. Well, I think that is another good point that you have made, and that is that this has to be a collaborative effort between employers, OSHA, but also employees. Because if you get a regulation that is too onerous to comply with, then you won't get the employees to do what they need to do, because employees have to play their role. So we have to have everybody involved in this, and it takes time to do that, doesn't it? Mr. Little. Oh, yes, it does. We have been working on it for 15 years. Mr. Byrne. Fifteen years. I think Ms. Chu's bill would require us to get this done in 2 years on a national basis, when you all did it on a State basis. So I guess I have some concerns about the bill just in the fact that it puts these sort of arbitrary, false time limitations on our ability to get all the stakeholders to the table so we can listen to all of them. And, with that, Madam Chairwoman, I yield back. Chairwoman Adams. Thank you, Mr. Byrne. I am pleased to recognize the gentleman from Virginia, the Chair of the Education and Labor Committee, Mr. Scott. You are recognized now for 5 minutes, sir. Mr. Scott. Thank you, Madam Chair. Dr. Bernard, NIOSH and OSHA already have recommended standards. Is that right? Mr. Bernard. They are both active in providing information about managing heat stress. So I stayed away from the word ``standard'' a little bit. Mr. Scott. They have recommendations. Mr. Bernard. They have recommendations, yes. Mr. Scott. And they can't be enforced because they are just recommendations, not formal rules. Is that right? Mr. Bernard. That is correct. Mr. Scott. How difficult would it be to change the recommendations to rules? How complicated would it be to implement? Mr. Bernard. No, I believe the groundwork has already been laid between the criteria document of NIOSH and their online activities. Mr. Scott. And for businesses, how complicated would it be to implement what would then be regulations? Mr. Bernard. My experience is that it is not that complicated to work with a company to implement a heat stress management program. Mr. Scott. Is it expensive to implement, including the lost productivity? Mr. Bernard. I don't believe that it is expensive. It is, you know, on the order of implementing any other health and safety program. It is not extraordinary in that regard. I think you have picked up that there are costs of accepting those risks of heat-related disorders that need to also be included. Mr. Scott. The military has implemented programs for a long time. Has there been any research to show how effective that program has been? Mr. Bernard. There has been some research over the years that has convinced the military to continue doing it. And that is up to the most recent paper I saw recently, where, during Ranger training, they actually provide cooling stations, where they immerse their arms in ice water to reduce their body temperature as they move on to their next activity. Mr. Scott. Thank you. Dr. McCarthy, from a medical perspective, is this a situation where you can know that you are getting into problems and stop working or get into shade? Or is it a situation where, by the time you get symptoms, it is already too late? Dr. McCarthy. Heat strain has symptoms that can identified. Workers can be trained to recognize those symptoms. If they are not trained, sometimes they just feel like they are just having a bad day or, you know, just nondescript, headache, dizziness, nausea. And if they are trained that if it is hot and they are having those symptoms, they need to drink water, go into shade or a cooled area, and rest, and that can help avert more serious illness. But if they go on to more severe symptoms, such as heat stroke, it can have neurologic symptoms, where they can lose the inability to think for themselves. And that is why communication procedures or buddy systems are so important, because they may not be able to take themselves out of that situation. Mr. Scott. Now, you showed the number of incidents from the twenties down to zero in the city. Can you translate that into cost savings of workers' compensation? Dr. McCarthy. Yes. We showed that -- well, the last 2 years, we had no heat-related illnesses, so, therefore, no cost. But per heat-related illness, we had a reduction to 50 percent prior to implementation of the program. And we believe that was due to workers understanding what their signs and symptoms were and, therefore, seeking medical attention earlier and, therefore, getting treatment earlier, so having a less severe illness to treat for those workers. Mr. Scott. And did the cost savings exceed the cost of implementing the program? Dr. McCarthy. I do not have that data. Mr. Scott. And I think you wanted to make a comment on a previous question. Did you want to make that comment now? Dr. McCarthy. Oh, I was able to answer it at a previous -- but, basically, I do not feel it is a one-size-fits-all. I feel like the recommendations, if implemented today, can be administered to employers on a graduated basis, depending on the circumstances of the employee, depending on the temperature levels, what the employee's work environment is and their job description. And it has been used in the military successfully, this program, successfully. Mr. Scott. Thank you, Madam Chair. Chairwoman Adams. Thank you. Thank you for your responses. I want to remind my colleagues that, pursuant to committee practice, materials for submission for the hearing record must be submitted to the Committee Clerk, preferably in Microsoft Word format. The materials must address the subject matter of the hearing. Only a member of the committee or an invited witness may submit materials for inclusion in the hearing record. Documents are limited to 50 pages. Documents longer than 50 pages will be incorporated into the record via an internet link that you must provide to the Committee Clerk within the required timeframe. But please recognize that years from now that link may no longer work. Again, I want to thank the witnesses for their participation today. What we have heard from each of you is very valuable. Members of the Committee may have some additional questions for you, and we ask the witnesses to please respond to those questions in writing. The hearing record will be held open in order to receive those responses. I remind my colleagues that, pursuant to committee practice, witness questions for the hearing record must be submitted to the majority committee staff or Committee Clerk within 7 days. The questions submitted must address the subject matter of the hearing. I now want to recognize the Ranking Member for his closing statement. Mr. Byrne. Thank you, Madam Chairwoman. Thank you all for being here. That was very interesting. I learned a lot. You all have a lot to offer us as we consider what we are going to do here. Mr. Rodriguez was talking about workers sitting on the ground eating their lunch. I remember doing that in the summertime, and it is hot. And it is hard to get the rest you need from your working environment when you are not in the shade. And probably sitting on the ground is probably not good for you either. I didn't have a pickup truck, so I couldn't sit on the back of a tailgate, so most of us sat on the ground. I do worry about workers. And when I drive by them in Alabama in the summertime and I see them working on a roof or out there doing a road job out there in the sun, asphalt, it is hot. But I know these employers, and they don't want those workers to get sick. It is not good for them for their workers to be sick. But they need our help to understand what they can do, and we need to figure out a better way to give them the information that they need. OSHA has the general duty standard, and they enforce under the general duty standard. In fact, they enforce on heat- related illnesses under the general duty standard. Perhaps that is why, in 2012, the Obama administration, which was not known for being pro-employer, denied the petition to establish a heat standard. In fact, at that time, OSHA's head said their increased focus on enforcement and robust education on outreach campaigns adequately addressed the hazard. Now, I would like to hear from OSHA. That is what they said in 2012. If we are going to consider a piece of legislation that is going to force them into a sort of arbitrary timeframe, et cetera, I would kind of like to hear what OSHA says about this. Because, after all, they are going to have to be the ones to implement it if we pass it. I also think that we need to hear from people who have more experiences like we heard here today from the folks from California. That would be helpful for us to understand how has this worked in other places. I think that we need to be very careful in Congress, when we start legislating an area like this, that we pass the law that we perhaps pass most frequently around here, and that is the law of unintended consequences. Because you can enact a very prescriptive statute, and you get exactly that: unintended consequences that make it difficult, if not impossible, for employers to comply with it. And worse than that, it makes it very difficult for the employees to get the help that they need. I remember working on the job. When you have all that safety stuff, the burden still falls on the employee to comply with the rules. And if we put too much rules on the employees, they won't do it even though they are required to do it by their employers. So I want us to be very, very careful here. I am skeptical about a two-year timeline in Ms. Chu's bill. I think that is way too short, particularly given the California example. And I think we need to think long and hard before we prescribe a bunch of things in a statute directed at an agency about how they are going to carry out their job, because I am not sure we know enough to do that. So I really do appreciate everybody's testimony today. This is an important issue, there is no question about it. I just hope that this committee will go about its job in a very thoughtful and deliberative way and that we consult with the agency before we do anything. With that, Madam Chairwoman, I yield back. Chairwoman Adams. Thank you, Mr. Byrne. I now recognize myself for the purpose of my closing statement. Let me again thank the witnesses for providing us with valuable expertise. I think that I speak for all of the Members of the Subcommittee when I say that we learned an enormous amount of valuable information from each of you today. We have heard compelling evidence about the serious and often deadly hazards that millions of workers face in this country from uncontrolled exposure to excessive heat. But the good news is that we know these deaths and illnesses can be prevented. The science and practice have proved the effectiveness of these measures. Now, workers await only action from OSHA to make sure that these protective measures are implemented. Passage of H.R. 3668 will go far toward establishing and accomplishing that goal. But even with the progress we hopefully are making, we are reminded again of the larger structural problem within the Occupational Safety and Health Act. Even if this bill becomes law and OSHA issues a heat standard, public employees in 24 States will receive no protection because they are not covered by Federal OSHA. As the committee continues its critical oversight of the Occupational Safety and Health Act, we look forward to addressing some of these serious weaknesses. And before I conclude, I ask unanimous consent to insert into the record testimony from Public Citizen, ``Public Law and Climate Disasters from Occupational Health and Safety Law'' by Sidney Shapiro and Kathleen Tracy. Without objection, so ordered. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Additional submissions by Mr. Byrne follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Additional submission by Dr. McCarthy follows:]89 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Additional submissions by Mr. Javier Rodriguez follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Additional questions for the record and their responses follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Adams. If there is no further business, without objection, the Committee stands adjourned. [Whereupon, at 12:26 p.m., the Subcommittee was adjourned.]