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With federal rulemaking now in limbo, it is more imperative than ever for states to act quickly to protect workers from the growing danger of heat exposure.
The start of this summer brought dangerous heatwaves to the US that killed at least two people, including a letter carrier in Dallas (the second letter carrier death due to extreme heat in three years).
Labor unions and public health advocates have long been pushing the federal government to enact a standard to protect workers against extreme heat exposure. These efforts led to progress in 2024 when the Occupational Safety and Health Administration (OSHA) formally proposed a new heat standard based on years of intensive research.
This summer, OSHA held informal hearings on the proposal, but whether and in what form the Trump administration might move forward with adopting a final version of the heat standard rule remains uncertain. In the meantime, states have every reason to move forward with enacting their own strong standards to protect workers from preventable heat illness and death on the job.
Heat is the leading cause of death among all weather-related fatalities, killing 177 people last year alone and at least 211 workers between 2017 and 2022. We know that existing data on heat-related workplace fatalities significantly understate their true incidence and that, as climate change leads to more frequent and intense heatwaves, these numbers will only rise. Despite this, 43 states and DC have yet to take action to prevent heat deaths. With federal rulemaking now in limbo, it is more imperative than ever for states to act quickly to protect workers from the growing danger of heat exposure.
Like workplace deaths and injuries in general—and due to occupational segregation and geographical factors—the impacts of extreme heat are distributed unevenly based on income, race or ethnicity, and immigration status. The lowest-paid 20% of workers suffer five times as many heat-related injuries as the highest-paid 20%. And Black, Hispanic, and immigrant workers face higher exposure to extreme heat because they are more likely to work in high-risk industries like construction and agriculture.
While workplace deaths are the most urgent consequence of extreme heat, heat is also responsible for thousands of illnesses and injuries every year that result in unexpected healthcare costs, missed workdays, lost wages, and productivity declines that cost both workers and their employers. Overall economic costs are staggering: Short-term heat-induced lost labor productivity costs the US approximately $100 billion annually and these costs will only increase as climate change worsens. Without emissions reductions or sufficient heat adaptations, labor productivity losses may double to nearly $200 billion by 2030 and reach $500 billion by 2050.
Federal OSHA estimated that savings to employers are projected to outweigh any implementation costs by $1.4 billion each year.
If no action is taken to mitigate the growing risks of extreme heat exposure, the hottest states will suffer the gravest economic consequences. Researchers at the Union of Concerned Scientists estimated annual earnings at risk for workers in each state across seven of the most heat exposed occupations. Southern states make up 9 of the 10 states where workers stand to lose the highest average annual earnings (see Figure A). Texas will be one of the hardest hit; it’s projected to lose a cumulative $110 billion in labor productivity by 2050.
Despite these economic risks, some Southern states are standing in the way of protecting their own workers and businesses. Texas and Florida—which accounted for almost half of all heat-related severe injuries in the construction industry between 2015 and 2023—have failed to adopt statewide heat standards and banned cities and counties from passing local heat standards.
Even though the economic harms of heat-related injuries, illnesses, and deaths are well documented, new heat standard proposals regularly face significant opposition from industry interests who claim, with little evidence, that protections will be too costly to implement. While exaggerated claims and fearmongering are consistent with a long history of industry resistance each time OSHA has proposed new standards, suggestions that a heat standard would disrupt business aren’t backed by available evidence. In its own regulatory impact analysis of the proposed heat standard, federal OSHA estimated that savings to employers are projected to outweigh any implementation costs by $1.4 billion each year.
Years of research and experience have produced clear guidelines for evidence-based, effective standards that states can now adopt quickly and with confidence. The strength and effectiveness of existing heat standards varies across states with respect to which workers are covered and what steps employers must take to prevent extreme heat exposure. All state heat standards (except for Nevada’s) set a temperature threshold above which employers are required to provide workers with water and shade. Most states also set a high-heat threshold above which additional precautions must be taken to protect workers. Many states also mandate an acclimatization period for workers to adjust to working in high temperatures, but the length of that period varies across states. All states with heat standards mandate that employers train workers on heat illness prevention, monitor workers for signs of heat illness, and have a plan to respond to heat illness emergencies.
A strong state standard should, at a minimum:
Seven states have already implemented heat standards: California, Colorado, Maryland, Minnesota, Nevada, Oregon, and Washington. While California, Washington, and Minnesota were early adopters of heat standards, advocates have built tremendous momentum toward the adoption of new standards in additional states in the past two years. In 2024, Colorado, Maryland, and Nevada all passed new heat standard laws and California expanded its existing heat standard (originally covering only outdoor work) to cover indoor workers. This year, 18 state legislatures proposed new heat standards, including bills in states like Illinois and New Jersey, that outline elements of comprehensive, evidence-based standards that other states can use as models.
States with existing standards should review checklists for a strong heat standard as well as model legislation in states like Illinois and New Jersey to audit their regulations and strengthen them if needed. States without standards should build comprehensive, effective standards that follow these evidence-based recommendations, cover as many workers as possible, and include clear, enforceable measures.
The fate of the proposed federal heat standard now under consideration could eventually reshape the heat standard policymaking landscape, but in the meantime, there is no downside to states taking action. The current proposed federal standard is fairly strong, a testament to years of research, advocacy, and community mobilization. However, given the Trump administration’s hostility toward workers and industry lobbying groups’ strong opposition to the proposed standard, possible outcomes include the adoption of a weakened standard or long delays in formalizing the proposed rule to effectively block its implementation.
Some industry representatives opposed to the current proposed federal standard have indicated that, instead of continuing to block the federal rule, they may support the passage of a weak standard in order to stave off future rulemaking. Some have speculated that industry interests may support modeling a weak federal standard on Nevada’s months-old, untested state standard, which has no temperature threshold and has been characterized as “almost as bad as no heat standard” by worker advocates.
There are three possible outcomes of the federal heat standard rulemaking process:
In short, states have every reason to enact strong, effective heat standards and no reason to wait on uncertain federal action. There is zero risk for states who act now and great dangers associated with waiting while workers and businesses alike continue to suffer.
Over 144 lives have already been lost to heat-related hazards since federal rulemaking began four years ago to establish a long-overdue federal OSHA heat standard. Given the possibility that the Trump administration could block or delay the proposed federal standard—or worse, weaken it to try to preempt more effective state and local standards—state lawmakers should move quickly to implement strong heat standards of their own, prevent more deaths and illnesses, and bolster their state’s economy against the damaging effects of extreme heat.
This summer, OSHA held informal hearings on the proposal, but whether and in what form the Trump administration might move forward with adopting a final version of the heat standard rule remains uncertain. In the meantime, states have every reason to move forward with enacting their own strong standards to protect workers from preventable heat illness and death on the job.
Heat is the leading cause of death among all weather-related fatalities, killing 177 people last year alone and at least 211 workers between 2017 and 2022. We know that existing data on heat-related workplace fatalities significantly understate their true incidence and that, as climate change leads to more frequent and intense heatwaves, these numbers will only rise. Despite this, 43 states and DC have yet to take action to prevent heat deaths. With federal rulemaking now in limbo, it is more imperative than ever for states to act quickly to protect workers from the growing danger of heat exposure.
Like workplace deaths and injuries in general—and due to occupational segregation and geographical factors—the impacts of extreme heat are distributed unevenly based on income, race or ethnicity, and immigration status. The lowest-paid 20% of workers suffer five times as many heat-related injuries as the highest-paid 20%. And Black, Hispanic, and immigrant workers face higher exposure to extreme heat because they are more likely to work in high-risk industries like construction and agriculture.
While workplace deaths are the most urgent consequence of extreme heat, heat is also responsible for thousands of illnesses and injuries every year that result in unexpected healthcare costs, missed workdays, lost wages, and productivity declines that cost both workers and their employers. Overall economic costs are staggering: Short-term heat-induced lost labor productivity costs the US approximately $100 billion annually and these costs will only increase as climate change worsens. Without emissions reductions or sufficient heat adaptations, labor productivity losses may double to nearly $200 billion by 2030 and reach $500 billion by 2050.
Federal OSHA estimated that savings to employers are projected to outweigh any implementation costs by $1.4 billion each year.
If no action is taken to mitigate the growing risks of extreme heat exposure, the hottest states will suffer the gravest economic consequences. Researchers at the Union of Concerned Scientists estimated annual earnings at risk for workers in each state across seven of the most heat exposed occupations. Southern states make up 9 of the 10 states where workers stand to lose the highest average annual earnings (see Figure A). Texas will be one of the hardest hit; it’s projected to lose a cumulative $110 billion in labor productivity by 2050.
Despite these economic risks, some Southern states are standing in the way of protecting their own workers and businesses. Texas and Florida—which accounted for almost half of all heat-related severe injuries in the construction industry between 2015 and 2023—have failed to adopt statewide heat standards and banned cities and counties from passing local heat standards.
Even though the economic harms of heat-related injuries, illnesses, and deaths are well documented, new heat standard proposals regularly face significant opposition from industry interests who claim, with little evidence, that protections will be too costly to implement. While exaggerated claims and fearmongering are consistent with a long history of industry resistance each time OSHA has proposed new standards, suggestions that a heat standard would disrupt business aren’t backed by available evidence. In its own regulatory impact analysis of the proposed heat standard, federal OSHA estimated that savings to employers are projected to outweigh any implementation costs by $1.4 billion each year.
Years of research and experience have produced clear guidelines for evidence-based, effective standards that states can now adopt quickly and with confidence. The strength and effectiveness of existing heat standards varies across states with respect to which workers are covered and what steps employers must take to prevent extreme heat exposure. All state heat standards (except for Nevada’s) set a temperature threshold above which employers are required to provide workers with water and shade. Most states also set a high-heat threshold above which additional precautions must be taken to protect workers. Many states also mandate an acclimatization period for workers to adjust to working in high temperatures, but the length of that period varies across states. All states with heat standards mandate that employers train workers on heat illness prevention, monitor workers for signs of heat illness, and have a plan to respond to heat illness emergencies.
A strong state standard should, at a minimum:
Seven states have already implemented heat standards: California, Colorado, Maryland, Minnesota, Nevada, Oregon, and Washington. While California, Washington, and Minnesota were early adopters of heat standards, advocates have built tremendous momentum toward the adoption of new standards in additional states in the past two years. In 2024, Colorado, Maryland, and Nevada all passed new heat standard laws and California expanded its existing heat standard (originally covering only outdoor work) to cover indoor workers. This year, 18 state legislatures proposed new heat standards, including bills in states like Illinois and New Jersey, that outline elements of comprehensive, evidence-based standards that other states can use as models.
States with existing standards should review checklists for a strong heat standard as well as model legislation in states like Illinois and New Jersey to audit their regulations and strengthen them if needed. States without standards should build comprehensive, effective standards that follow these evidence-based recommendations, cover as many workers as possible, and include clear, enforceable measures.
The fate of the proposed federal heat standard now under consideration could eventually reshape the heat standard policymaking landscape, but in the meantime, there is no downside to states taking action. The current proposed federal standard is fairly strong, a testament to years of research, advocacy, and community mobilization. However, given the Trump administration’s hostility toward workers and industry lobbying groups’ strong opposition to the proposed standard, possible outcomes include the adoption of a weakened standard or long delays in formalizing the proposed rule to effectively block its implementation.
Some industry representatives opposed to the current proposed federal standard have indicated that, instead of continuing to block the federal rule, they may support the passage of a weak standard in order to stave off future rulemaking. Some have speculated that industry interests may support modeling a weak federal standard on Nevada’s months-old, untested state standard, which has no temperature threshold and has been characterized as “almost as bad as no heat standard” by worker advocates.
There are three possible outcomes of the federal heat standard rulemaking process:
In short, states have every reason to enact strong, effective heat standards and no reason to wait on uncertain federal action. There is zero risk for states who act now and great dangers associated with waiting while workers and businesses alike continue to suffer.
Over 144 lives have already been lost to heat-related hazards since federal rulemaking began four years ago to establish a long-overdue federal OSHA heat standard. Given the possibility that the Trump administration could block or delay the proposed federal standard—or worse, weaken it to try to preempt more effective state and local standards—state lawmakers should move quickly to implement strong heat standards of their own, prevent more deaths and illnesses, and bolster their state’s economy against the damaging effects of extreme heat.
"These fossil fuel actors should be held accountable to the victims of their lethal conduct, and this wrongful death suit provides a compelling new approach for climate victims moving forward."
Two years after legal scholars wrote in the Harvard Environmental Law Review that fossil fuel companies could feasibly be charged with homicide in cases of people who are killed by climate-fueled extreme weather events, one woman is taking a major step toward holding oil and gas giants accountable for a specific death—that of her mother, who died during an extreme heatwave in 2021.
Misti Leon filed a civil lawsuit against Exxon Mobil, Chevron, Shell, BP, ConocoPhillips, Phillips 66, and BP subsidiary Olympic Pipeline Company, arguing that their knowledge going back decades that extracting oil and gas would heat the planet makes them liable for the death of her mother, Juliana.
Juliana Leon, who was 65, was making a 100-mile drive home from a doctor's appointment in Seattle on June 28, 2021 when she pulled over and rolled down her car windows. Emergency workers found her hours later having died of hyperthermia, or overheating, with her body temperature having reached 110°F.
A heat dome had settled over the Pacific Northwest, with high pressure trapping hot air over the region, and the World Weather Attribution later found that the heat dome would have been "virtually impossible" without climate change resulting from fossil fuel emissions.
About 600 more people died in Oregon and Washington in late June 2021 than would have been typical for a one-week period, and Leon is arguing that the death of her mother from hyperthermia, or overheating, was the direct result of fossil fuel companies' actions.
Leon is arguing in the case that, as numerous investigations have found, fossil fuel companies have known for decades that extracting oil and gas would cause planet-heating emissions and could result in extreme, potentially deadly weather events like heatwaves, flooding, and wildfires.
"The purpose of criminal law enforcement is to deter future crimes, promote public safety, punish wrongdoers, and encourage the convicted to pursue less harmful practices. All of these public safety goals apply to Big Oil's continuing contributions to climate change."
"Why shouldn't we hold someone legally accountable for this kind of behavior?" David Arkush, director of Public Citizen's Climate Program and a co-author of the Harvard Environmental Law Review paper, told The New York Times. "There would be no question that we would hold them accountable if they caused other types of deaths. This is no different. They foresaw this, they did it anyway, and they hurt people."
Lee Wasserman of the Rockefeller Family Fund called the lawsuit an "important moment for climate accountability."
Although Leon's case is the first, according to legal experts, to attempt to hold fossil fuel giants accountable for a specific death, it is a significant step in a wider effort to bring the industry to justice for its role in causing weather disasters.
Vermont and New York both passed climate superfund laws last year that would allow the states to hold oil companies financially liable for extreme weather events and force them to pay for damages. U.S. Attorney General Pam Bondi has announced lawsuits against the two states over the laws.
In the past decade, dozens of localities and states have also filed lawsuits against oil and gas companies for hiding their knowledge of the impact fossil fuel extraction would have on average global temperatures and the climate.
Aaron Regunberg, accountability project director for Public Citizen's Climate Program, said climate disasters like the one that allegedly killed Juliana Leon "are the foreseeable, and foreseen, consequences of specific actions by fossil fuel corporations, CEOs, and boards of directors."
"They caused the climate crisis and deceived the public about the dangerousness of their products in order to block and delay solutions that could prevent heat deaths like Juliana's," said Regunberg. "These fossil fuel actors should be held accountable to the victims of their lethal conduct, and this wrongful death suit provides a compelling new approach for climate victims moving forward."
"The purpose of criminal law enforcement is to deter future crimes, promote public safety, punish wrongdoers, and encourage the convicted to pursue less harmful practices," he added. "All of these public safety goals apply to Big Oil's continuing contributions to climate change, and prosecutors across the country should take note of this new wrongful death suit and carefully consider how the climate effects their constituents are experiencing fit the criminal laws they are charged with enforcing."
As people around the world cope with the worsening effects of planetary heating, "the veil of plausible deniability doesn't exist anymore scientifically" for fossil fuel giants.
As planetary heating has fueled increasingly damaging hurricanes, wildfires, and dangerous heatwaves, fossil fuel giants have long been shielded by plausible deniability: Despite scientists' consensus that oil, gas, and coal extraction are polluting the planet and causing global temperatures to rise, they couldn't prove that specific corporations were to blame for worsening climate destruction.
A study published on Wednesday could change that.
Using modeling techniques that have been utilized for more than a decade to explain how climate change is fueling weather disasters, researchers at Dartmouth College estimated that 111 of the world's largest fossil fuel companies have caused $28 trillion in heat-related climate damages so far—slightly less than the value of all goods and services produced in the United States last year.
"The global economy would be $28 trillion richer," reads the study, "were it not for the extreme heat caused by the emissions from the 111 carbon majors considered here."
The study, published in Nature, found that more than half of that amount—which doesn't include damages from hurricanes and other extreme climate events—could be attributed to just 10 oil, coal, and gas companies including Chevron, ExxonMobil, BP, Shell, Russia's state-owned Gazprom, and Saudi Aramco.
"Everybody's asking the same question: What can we actually claim about who has caused this?" Dartmouth climate scientist Justin Mankin, co-author of the study, told Euronews.
The researchers pursued that question as climate advocates pushed policymakers to adopt the "polluters pay principle": the idea that companies that produce pollution should pay for the damages it causes. Earlier this year, a California Democratic lawmaker introduced legislation that would allow homeowners and businesses to recoup losses caused by climate disasters like the wildfires that devastated parts of the Los Angeles area.
"The global economy would be $28 trillion richer were it not for the extreme heat caused by the emissions from the 111 carbon majors considered here."
New York and Vermont have enacted laws that would hold fossil fuel companies accountable for greenhouse gas emissions and require them to pay for climate damages and adaptation, and other states are considering similar proposals—with oil and gas companies fighting back in court.
Mankin told Euronews that Dartmouth's new research shows that "the veil of plausible deniability doesn't exist anymore scientifically."
In the past, he said, carbon emitters could ask, "Who's to say that it's my molecule of CO2 that's contributed to these damages versus any other one?"
"We can actually trace harms back to major emitters," he said.
The research team examined the final emissions of the products produced by the 111 largest fossil fuel giants and used 1,000 distinct computer simulations to determine how those emissions impacted changes in the Earth's global average surface temperature, comparing the results to a simulation in which each company's emissions did not exist.
Epidemiologist Ali Khan said the method represented "great improvements in attribution" as at least 68 lawsuits have been filed globally demanding that polluters pay for damages. About half of those lawsuits have been filed in the United States.
"So far, attorneys and litigants have often named defendants as part of the initial legal process, under the assumption that knowing a defendant's emissions is sufficient to make a claim," reads the study. "Science can help claimants assess potential defendants in a transparent and low-cost way."
The researchers determined that Chevron's oil and gas extraction has raised the Earth's temperature by 0.025°C. The company is to blame for an estimated $1.98 trillion in climate damage, behind only Saudi Aramco, which is liable for an estimated $2.05 trillion, and Gazprom, which is responsible for $2 trillion.
Kevin Reed, a professor at Stony Brook University's School of Marine and Atmospheric Sciences, told The Washington Post that Dartmouth's research into climate damage attribution is "the real deal."
"This is the first time I've seen this done in a really comprehensive way that isn't just for one specific event," Reed said.
The European Green Party cataloged a number of steps that policymakers could take if $28 trillion had been saved by forcing companies to end their climate-wrecking emissions.
Financing 100% renewable energy would cost just $4 trillion, while guaranteeing universal housing and energy efficiency would cost $3 trillion, said the political party.
"Polluters," said the European Greens, "need to start paying for the damage they are causing to our planet."