Farmworkers: benefits.

As Assembly Member Addis frames this measure, it ties farmworkers’ heat exposure to a new workers’ compensation presumption: if an outdoor heat-related injury occurs within a defined period after exposure and the employer fails to meet heat illness prevention standards, the injury is presumed to have arisen out of and in the course of employment, and the Appeals Board must rule in the employee’s favor if the employer cannot rebut the presumption; the package also provides for medical treatment and disability benefits within the workers’ compensation framework, with the presumption in effect through January 1, 2031.

Key mechanisms center on the creation of a heat-injury presumption under a new section that defines heat illness prevention standards to include a comprehensive plan, recognition and response training, and access to shade, water, and a cooldown rest period, all in English and other languages understood by a majority of employees. The presumption applies to injuries that develop after outdoor work in or around the pay period in which the heat-related illness occurs and is disputable, with the WCAB determinative if not rebutted; the bill specifies that determinations under this provision shall not be admissible in or influence Cal-OSHA investigations or OSH Board proceedings, and the provision is set to sunset on January 1, 2031.

From a fiscal and administrative perspective, the measure creates a Farmworker Climate Change Heat Injury and Death Fund within the Workers’ Compensation Administration Revolving Fund to pay administrative costs related to the presumption, funded by a one-time transfer of five million dollars from nongeneral funds of the revolving fund. The broader funding framework maintains surcharges and assessments across multiple funds—the Workers’ Compensation Administration Revolving Fund, Uninsured Employers Benefits Trust Fund, Subsequent Injuries Benefits Trust Fund, Occupational Safety and Health Fund, and Labor Enforcement and Compliance Fund—allocated to self-insured and insured employers in proportion to payroll (subject to caps and regulatory rules) and, where applicable, tied to fraud investigation funding under the Insurance Code. Regulations implementing these funding mechanisms are exempt from the Administrative Procedure Act. The entire financing and the heat-injury presumption framework are temporary, with both elements slated for repeal on January 1, 2031.

The bill’s findings outline climate change–driven heat risks facing farmworkers and note barriers to reporting injuries stemming from fear of retaliation, particularly among immigrant workers. The policy context presents the presumption as a workers’ compensation mechanism designed to address noncompliant employer practices while preserving separation from Cal-OSHA enforcement and OSH Board proceedings. Stakeholders—ranging from farmworkers and their advocates to growers, contractors, insurers, and regulatory agencies—are positioned against a backdrop of a broader financing structure for workers’ compensation and enforcement programs, with the recognition that the sunset terms require future legislative action to extend or reauthorize the measure.