If you work in a climate-controlled office or at home, you may not be cognizant of the growing peril facing millions of U.S. workers who toil outdoors in summer's blistering heat and winter's coldest winds.

But as extreme and dangerous weather becomes more common, Terri Gerstein, the founding director of the NYU Wagner Labor Initiative, has been deeply engaged in ameliorating this concern through government policymaking and legal enforcement.

A Harvard-trained attorney, Gerstein's work on labor rights keeps her in close contact with what she calls a "big increase" in state and local government involvement in workplace protection. Generating law review articles, reports, podcasts, and technical assistance for government officials and stakeholders, she guides action on behalf of those who speed deliveries to doorsteps, build and repair buildings, clean skyscraper windows, operate heavy machinery, pick crops- virtually every occupation under the sun or clouds.

Corporations may resist these protections with platoons of lobbyists and huge campaign war chests, and the future of protections at the federal level is highly uncertain. But Gerstein remains hopeful for more common-sense safety improvements-especially at the local and state levels.

Nearly a decade ago, just three state Attorney General offices-in California, Massachusetts, and New York-had dedicated units focused on protecting workers. Now, by contrast, a dozen states have such units, and new AGs elected in Oregon and Washington have pledged to create them when they take office next year.

Gerstein notes that businesses might be surprised by how low-tech the needed steps are to implement, like mandatory breaks with shade and water, and reducing exposure on days of excessive heat or cold.

"I always say it's not so different from any parent who's taken their kids to the beach on a hot day: you plan ahead, you check the weather report, and you make sure there's water, shade, and rest time," says Gerstein, who last August received the Susan C. Eaton Scholar-Practitioner award from the Labor and Employment Relations Association, a national network for experts in the field, including academics and human resources professionals, as well as stakeholders of all kinds across industry, unions, advocates, and enforcers. A notable honor in the field, it acknowledged her years of work enforcing state labor laws labor laws in New York, including as labor bureau chief in the State Attorney General's Office, as well as her work on labor rights nationally as a Harvard fellow and her establishment of the Labor Initiative at NYU Wagner in January, 2024.

NYU News spoke with Gerstein about prospects for improving conditions for men and women who make their living in difficult conditions both indoors and out.

You wrote in a New York Times op-ed last summer that workers shouldn't have to risk their lives to work outdoors.

Unfortunately, it's necessary to make this argument: Extreme weather is a serious and growing danger to workers, whether it's people delivering packages, farmworkers picking lettuce, or construction workers-you name it. With few exceptions, we don't have adequate laws to keep workers safe when exposed to very high temperatures. People tend to instinctively perceive bitter cold weather as dangerous, but high temperatures are extremely hazardous to our bodies, too. Workers can, and do, experience heat exhaustion, or worse, heat stroke.

It's very cold out right now in New York, but let's focus on extreme heat. What's considered too hot?

Extreme heat is the leading cause of weather-related deaths in general, with a significant impact on workers. According to the US Environmental Protection Agency, 986 workers died from heat exposure from 1992 to 2022, an average of 34 deaths a year. At the same time, workplace injuries increase in extreme heat: the likelihood of work-related accidents rises by 5 to 6 percent when the maximum daily temperature is above 90°F, compared to a day in the 65-70°F range. Behind these statistics are individuals like Eugene Gates, a postal worker who died of heat stroke in Dallas in 2023, and Efraín López García, a farmworker who died at 29 after working in extreme heat in Florida last year.

Extreme workplace heat is a problem for many kinds of outdoor workers, but also for many indoor workers, such as those who work without air conditioning in warehouses or restaurant kitchens.

What could be done by businesses right off the bat?

For employers, it's quite simple: Keeping workers safe from extreme heat comes down to providing rest, shade, and water, as well as having a plan ahead of time rather than winging it, and training workers and supervisors in weather-related safety measures. Also, new employees should be gradually acclimatized to working in the heat, so their bodies have time to adjust. That's a great place to start.

Beyond measures by employers, what is Washington's role?

The Occupational Safety and Health Act regulates workplace safety for the federal government, and in August, OSHA, the federal agency, proposed an important standard for indoor and outdoor workers. In part, it would require employers to develop and implement site-specific plans to prevent workplace heat injuries and illnesses, along with providing cool drinking water, cooling areas, rest breaks, and other measures when the heat index is 80°F, with additional measures required when it's above 90°F. This rule is currently in the comment period, through Jan, 15, during which the public can weigh in on proposals. But given the change in administrations, the rule's future may be uncertain.

Even if a final rule is ultimately issued, a court challenge by a business group is virtually inevitable, likely landing in the Supreme Court. The right-wing majority in the high court has shown general hostility to the regulatory state, in decisions like West Virginia v. EPA and Loper Bright Enterprises v. Raimondo, and also has a history of issuing anti-worker opinions, like Epic-Systems Corporation v. Lewis and Janus v. AFSCME. I'm very worried about whether the heat rule will take effect any time soon.

Whatever happens in the end, OSHA's rulemaking process marks an extremely important development. It raises awareness of the danger of workplace heat, convincingly lays out overwhelming evidence demonstrating the need for and feasibility of workplace heat protections, and provides clear guidance for employers and the public about how to keep workers safe.

States, too, have a role to play in safeguarding workers, yes?

Absolutely! The role of states in protecting workers' rights is more important than ever, especially given the likelihood of rollbacks and less enforcement at the federal level in the coming years. States that want to keep workers safe should enact workplace heat protections, either by regulation or by statute, as I and a number of co-authors note in a recent briefing we jointly issued. Perhaps states can aim to do this before next summer.

As noted, the future of OSHA's heat standard is very much in question. Aside from that, a state law can usually take effect much more quickly than is likely to be the case with OSHA's heat standard, and, if challenged, will be reviewed in potentially more amenable state courts. Currently six states have laws regulating workplace heat. California, Oregon, and Maryland have indoor and outdoor standards. Washington's law covers only outdoor workers, Colorado's covers just agricultural workers, and Minnesota's is more limited still.

Given that OSHA's rulemaking contains extensive evidence, research, and cost-benefit analysis about workplace heat rules, policymakers in any state could use that body of evidence

(Photo credit: Hpua / Getty Images.)

as a basis for legislation. Or they could simply adopt the same standards as Maryland or Oregon. Heat-related deaths in Oregon dropped markedly after it adopted its heat standard, from 109 in 2021, before the rules were enacted, to 22 in 2022 to 8 in 2023. Workplace heat rules save lives.

And what about the role of cities in protecting their workers from the weather?

Cities and other localities can and should also pass laws. But in some cases, their opportunities may be limited based on state preemption. Florida and Texas passed laws prohibiting local governments from enacting ordinances on workplace heat, even something as basic as requiring water breaks for construction workers.

In most states, however, local governments can pass laws protecting workers from extreme heat. A bill was introduced in the Boston City Council in October. And Phoenix passed an ordinance requiring contractors with city government to provide heat protection to their outdoor workers; two other Arizona counties (Tucson and Pima) followed as well.

In addition to passing laws, state and local governments can exercise leadership in various ways. In New York City, the Comptroller's Office in September issued a report about workplace heat for outdoor workers, bringing concerns to public attention and calling for specific actions. Public service announcements, social media campaigns, outreach to employers and workers in high-risk industries are also useful, as is creating heat planning templates for employers.

Robert Polner

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