Farmworkers: benefits.

Plain English Breakdown

The bill's status is currently vetoed, but there is uncertainty about whether lawmakers will attempt to override the governor’s decision.

Farmworkers: Heat-Related Benefits

This bill establishes a disputable presumption that heat-related injuries sustained by farmworkers working outdoors for employers who do not comply with heat illness prevention standards are work-related, and it sets up a fund to cover administrative costs.

What This Bill Does

• Creates a rule until January 1, 2031, stating that if a farmworker gets sick from heat after working outside for an employer who doesn't follow safety rules, the injury is considered work-related unless proven otherwise by the employer.
• Requires the Workers’ Compensation Appeals Board to decide in favor of the worker if the employer cannot prove otherwise.
• Ensures that farmworkers receive medical care and help with disability if they are hurt by heat at work.
• Establishes a special fund with $5 million from existing money for administrative costs related to this new rule.

Who It Names or Affects

• Farmworkers who work outdoors in agriculture
• Employers in the agriculture industry

Terms To Know

disputable presumption

A rule that says something is true unless someone can prove it's not.

Workers’ Compensation Appeals Board

The group that decides disputes about workers' compensation claims.

Limits and Unknowns

• This bill was vetoed by the governor, but lawmakers might try to override the veto.
• It only applies until January 1, 2031.
• Farmworkers and employers in agriculture are affected directly.

Official Summary Text

AB 1336, Addis.
Farmworkers: benefits.
Existing law establishes a workers’ compensation system to compensate employees for injuries sustained in the course of their employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law authorizes the Department of Industrial Relations to expend moneys that have been appropriated for the administration and enforcement of laws under its jurisdiction, as well as for the maintenance of any commission or office of the department, as specified.
Existing law establishes the Workers’ Compensation Administration Revolving Fund within the State Treasury. Existing law requires the director to levy a surcharge upon employers in order to fund, among other things, the
Workers’ Compensation Administration Revolving Fund. Upon appropriation by the Legislature, existing law authorizes funds to be expended for, among other things, the Return-to-Work Program and the enforcement of the insurance coverage program.
Existing law establishes a Workers’ Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board. Existing law provides that the appeals board is vested with full power, authority, and jurisdiction to try and determine finally all the matters specified in those proceedings subject only to the review by the courts, as specified.
This bill would, until
January 1, 2031,
create a disputable presumption that a heat-related injury that develops within a specified timeframe after working outdoors for an employer in the agriculture industry that fails to comply with heat illness prevention standards, as defined, arose out of and came in the course of employment. The bill would require the appeals board to find in favor of the employee if the employer fails to rebut the presumption. The bill would specify that compensation awarded for heat-related injury to farmworkers is to include, among other things, medical treatment and disability. The bill would prohibit a determination by the appeals board from having any effect in certain investigations and would prohibit that determination from being admissible in proceedings before the Occupational Safety and Health Appeals Board. The bill would establish the Farmworker Climate Change Heat Injury and Death Fund that
would consist of a one-time transfer of $5,000,000 derived from nongeneral funds of the Workers’ Compensation Administration Revolving Fund for the purpose of administrative costs associated with this presumption. The bill would make related findings and declarations.

Current Bill Text

Download Bill PDF