WASHINGTON As temperatures climbed to historic levels once again this summer, U.S. Senators Martin Heinrich (D-N.M.) and Ben Ray Luján (D-N.M.), announced legislation that would implement workplace heat stress protections in New Mexico and nationwide.
“Every day, thousands of New Mexicans work to maintain our grid, build our roads, care for our favorite open spaces, farm the land, and do countless other jobs under the heat of the sun — work we all rely on to make our communities function. These folks deserve our respect. And with temperatures hitting higher than ever before, respect for these workers must include providing protections from extreme heat,” said Heinrich.“We know that heat kills more people in the United States than any other type of extreme weather. That’s a reality we have to adjust to. This legislation helps us do that, taking care of the people who take care of our communities.”
“Far too many workers have lost their lives from extreme heat. Congress must act to prevent future needless tragedies and establish strong protections against heat stress on the job,” said Luján. “Every day, workers spend hours on end in dangerous heat to provide for their families and keep our country running. They deserve better.”
The Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act would protect the safety and health of indoor and outdoor workers exposed to dangerous heat conditions in the workplace. The legislation would protect workers against occupational exposure to excessive heat by requiring the Occupational Safety and Health Administration to establish an enforceable federal standard to protect workers in high-heat environments with common-sense measures like paid breaks in cool spaces, access to water, limitations on time exposed to heat, and emergency response for workers with heat-related illness. The bill also directs employers to provide training for their employees on the risk factors that can lead to heat illness and guidance on the proper procedures for responding to symptoms.
The bill is named in honor of Asunción Valdivia, who died in 2004 after picking grapes for 10 hours straight in 105-degree temperatures. Mr. Valdivia fell unconscious, but instead of calling an ambulance, his employer told Mr. Valdivia’s son to drive his father home. On his way home, he died of heat stroke at the age of 53.
According to the National Oceanic and Atmospheric Administration, 2024 was the warmest year on record for the United States. And the past decade, including 2024, was the hottest on record, marking a decade of extreme heat that will only get worse. That includes in Albuquerque, Las Cruces, and Rio Rancho, which topped a list of cities with the largest increase of high-heat days since 1985 in a study released by USA Today. Heat-related illnesses can cause heat cramps, organ damage, heat exhaustion, stroke, and even death. Between 1992 and 2017, heat stress injuries killed 815 U.S. workers and seriously injured more than 70,000. The failure to implement simple heat safety measures costs U.S. employers nearly $100 billion every year in lost productivity.
From 2011-2020, heat exposure killed at least 400 workers and caused nearly 34,000 injuries and illnesses resulting in days away from work; both are likely vast underestimates. Farm workers and construction workers suffer the highest incidence of heat illness. And no matter what the weather is outside, workers in factories, commercial kitchens, and other workplaces, including ones where workers must wear personal protective equipment, can face dangerously high heat conditions all year round.
The Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act has the support of a broad coalition of over 250 groups, including: Rural Coalition, International Brotherhood of Teamsters, AFL-CIO, UNITE HERE!, Communication Workers of America, Alianza Nacional de Campesinas, Sierra Club, United Farm Workers, Farmworker Justice, Public Citizen, International Union of Bricklayers and Allied Craftworkers, United Food and Commercial Workers International Union, Union of Concerned Scientists, United Steelworkers, National Resources Defense Council, American Lung Association, and Health Partnerships.
“Every worker safety rule in America is written in blood,” said UFW President Teresa Romero. “The UFW has been fighting for heat safety protections for decades. Over 20 years later, Asuncion Valdivia’s death still hurts. There are so many other farm workers — many whose names we do not know — who have also been killed by extreme heat on the job in the years since. Enough is enough. Every farm worker deserves access to water, shade, and paid rest breaks — it’s past time for Congress get this done.”
“Too many workers – including AFSCME members – have lost their lives on the job as a result of blistering heat waves and record-breaking temperatures,” said AFSCME President Lee Saunders. “As the number of heat-related illnesses and fatalities continue to rise, it is well past time we adopt nationwide safeguards to better protect the workers who maintain our infrastructure, keep our streets clean, harvest our food, and keep our economy moving. We at AFSCME thank Senator Padilla and Representative Chu for introducing the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act, which will ensure essential workers who brave the heat can do their jobs safely and effectively, and most importantly, make it home alive.”
“For the Steelworkers Union, we represent workers in manufacturing settings and in a host of other areas where not only is it hot outside, but the areas that they work around are as hot as up to 3,000 degrees and they must wear protective equipment. The Asunción Valdivia Heat, Illness, Injury, and Fatality Prevention Act is important because it will provide a basic standard for not just outdoor, but indoor workplaces as well to ensure that there is proper rest breaks and the ability to stay cool. The Steelworkers are absolutely supportive of this bill and are going to work with Republicans and Democrats to ensure that heat illness is the last thing a worker should worry about,” said Roy Houseman, Legislative Director of United Steelworkers.
“Everyone deserves safe working conditions, but powerful corporations have not done enough to protect their workers from hot working environments, exacerbated by the climate crisis,” said Liz Shuler, President of the AFL-CIO. “Extreme heat is increasingly causing indoor and outdoor workers to collapse or even die on the job, and our union family has already lost too many members to preventable, work-related heat illness. The Occupational Safety and Health Administration (OSHA) must issue a strong heat rule, not a weak one, to ensure workers have specific protections they need and to be able to raise unsafe working conditions without fear of retaliation.”
“It’s long past time for meaningful legislation to protect Teamsters and other workers from the effects of prolonged heat exposure and dangerous heat levels while at work,” said Teamsters General President Sean M. O’Brien. “Paid breaks in cool spaces, access to water, and limitations on time exposed to heat are simple common sense steps that should be mandated immediately. Waiting to implement these measures is unacceptable and will result in the further loss of lives.”
“Workers in America are facing unprecedented dangers from climate-driven heat and extreme weather, and things are only getting worse. It is far past time for a strong national standard to protect workers from illness and death caused by exposure to extreme heat. The provisions mandated in this bill, including temperature triggers, acclimatization, water, shade and paid rest breaks, would save countless lives. They represent a common sense and common decency approach that employers could quickly adopt. American workers deserve no less, and they urgently need it. Today, OSHA is in the final stage of issuing a final rule on this issue. It is imperative that the rule maintain the integrity and high standards called for in the Asuncíon Valdivia Heat Illness, Injury, and Fatality Prevention Act. We applaud Senators Padilla, Markey, and Cortez Masto and Representatives Chu, Adams, and Scott, as well as the dozens of Senators and Congresspersons who have joined them in this long effort. It’s time to bring a high quality, protective standard to the finish line for American workers,” said Ernesto Archila, Climate and Financial Regulation Policy Director, Public Citizen.
“Every summer high temperature records get broken in states across the country, and while public health officials urge residents to stay inside and stay safe millions of workers have to report for work. From fields to warehouses, airports to schools, construction sites to manufacturing plants, and many more industries, too many workers are at risk of not getting home safely at the end of the day due to exposure to heat on the job. We know how to prevent these dangers. In fact, both outdoor and indoor workers in states like Oregon, California, and Maryland have strong, enforceable protections in place already. And in Washington, Colorado, and Minnesota at least some categories of workers are being kept safe from heat. But millions labor in other states where there are no protections; worker safety is left to the federal government in these states, and absent strong rules workers are left to protect themselves and hope for the best. We must extend workplace protections from heat to all workers. The National Employment Law Project thanks Senator Padilla and Representative Chu, as well as the dozens of Senators and Congresspersons who have cosponsored the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025,” said Anastasia Christman, Senior Policy Analyst, National Employment Law Project.
The legislation is led by U.S. Senators Alex Padilla (D-Calif.), Edward J. Markey (D-Mass.), Catherine Cortez Masto (D-Nev.), and Representatives Judy Chu (D-Calif.), Robert C. “Bobby” Scott (D-Va.), and Alma Adams (D-N.C). Alongside Heinrich and Lujan, the legislation is cosponsored by U.S. Senators Angela Alsobrooks (D-Md.), Tammy Baldwin (D-Wis.), Richard Blumenthal (D-Conn.), Lisa Blunt Rochester (D-Del.), Cory Booker (D-N.J.), John Fetterman (D-Pa.), Ruben Gallego (D-Ariz.), Kirsten Gillibrand (D-N.Y.), Mazie Hirono (D-Hawaii), Mark Kelly (D-Ariz.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Adam Schiff (D-Calif.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.).
A one-pager on the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act is available here.
A section-by-section of the bill is available here.
Full text of the bill is available here.
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