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4 Glob. Lab. Rts. Rep. 6 (2025)
An Elusive Promise: Protecting U.S. Workers from Excessive Heat

handle is hein.journals/glrr4 and id is 6 raw text is: 
Essays


AN ELUSIVE PROMISE: PROTECTING U.S. WORKERS

FROM EXCESSIVE HEAT

MICHAEL FELSEN


United States I Originally written in English


To slow and  ideally to reverse global warming,
countries and  economies   will need to  wean
themselves  off  fossil fuels, expand  existing
clean technologies and develop  new ones, and
implement  a just transition for allworkers. Butthis
will take time, and in the here and now, workers
are getting sick and are dying in ever-increasing
numbers  from  over-exposure to extreme  heat.
Awareness  of the dangers posed when  workers
are exposed to extreme heat is not new. It dates
back  decades, if not millennia.  But it's only
in recent years, as global temperatures  have
relentlessly risen causing noticeable increases in
workplace  deaths, sicknesses, and injuries, that
we've seen  ramped-up  efforts to acknowledge
and effectively address the problem.

This paper will focus on how the safety and health
hazardspresented  byworkerexposuretoextreme
heat have been  addressed, with limited success
thus far, by federal, state, and local governments
in the United States. We'll also examine recent
legal and  regulatory developments,  and  how
they can be expected to impact efforts to protect
workers in this country, in the context of worker
and non-governmental  organization advocacy to
spur action to address this growing challenge.

Setting  the Stage:  A  Brief Look  at Global
Recognition  of the Problem

A July 25, 2024 report from the ILO, Heat at Work:
Implications for Safety and Health, gives these
alarming findings:

    Heat is an invisible force - a silent killer. As
    record-breaking temperatures    continue
    across various regions, more workers  than
    ever before  are  losing the fight against
    excessive  heat.  The   intensification of
    excessive heat not onlyjeopardizes the safety
    and health of workers, but also undermines


    the resilience of economies and the potential
    for decent work on a global scale.

The report continues:

    This hazard leaves both indoor and outdoor
    workers at increased risk of health impacts
    such   as  heat   exhaustion,  heatstroke,
    cardiovascular and  respiratory conditions,
    and death. This is not to mention the various
    mental health effects and increased risk of
    workplace accidents and injuries. Moreover,
    when it comes to chronic health impacts such
    as kidney disease and others, we may only be
    seeing the tip of the iceberg.

    What  we know  is that across the world, at
    least 2.41 billion workers were exposed
    to excessive heat in 2020 (more than 70 per
    cent of the workforce), leading to more than
    22.85 million occupational injuries and 18,970
    deaths.2

Simultaneous with the release of the ILO's report,
the G20  Labor and  Employment   Ministers met
in Fortaleza, Brazil on July 24-25, 2024. They
affirmed the call for a just transition, and also
explicitly recognized that heat stress significantly
impacts workers, especially those in agriculture,
construction,  and    outdoor   labour,  and
acknowledged   the need  to implement  robust
and  risk-based policies on occupational safety
and  health appropriate to adapt to the effects
of climate change on  workers.3 The ministers

1 ANDREAS FLOURIS ET AL, HEAT AT WORK: IMPLICATIONS FOR SAFETY
AND HEALTH 75 (2024), https://www.ilo.org/sites/default/
files/2024-07/ILO_OSH_Heatstress-R16. pdf,
2 Id.
3 G20, LABOUR AND EMPLOYMENT MINISTERS' MEETING DECLARATION
§14 (2024), https://7g20-documents.or /fileadmin/G7G20_
documents/2024/G20/Brazil/Sherpa-Track/Employment%20
Ministers/1%20Ministers'%20Language/LEMM%20
Declaration%20G20%20Fortaleza 2407.2024.odf


Volume 4 Issue 1


6