T.E.M.P. bill could set statewide temperature standards

By KAREN JUANITA CARRILLO Amsterdam News Staff

New York State legislators have introduced a new bill designed to protect workers who labor outdoors from the range of extreme temperatures we now face due to climate change.

On Feb. 10, State Sen. Jessica Ramos and State Assemblymember Latoya Joyner announced that they had introduced the Temperature Extreme Mitigation Program (T.E.M.P.) Act (S1604) in the state senate and the Temperature Stress Act of 2023 (A3321-A) in the state assembly.

During a press conference in Manhattan, the state legislators were joined by union members from Teamsters Local 804, NYCOSH, NICE: New Immigrant Community Empowerment, and La Colmena-Community Job Center to talk about how important it is to make businesses set a statewide temperature standard that will safeguard workers employed in a variety of fields, including construction, landscaping, agriculture, food service delivery, and people who work in vehicles all day long.

“We’ve got people here from all over New York state talking about how we need a temperature standard now,” one union member told the media. “This is about workers who are suffering as a result of extreme exposure to heat and extreme exposure to cold.”

This past summer, when outdoor temperatures stayed above 90 degrees between July 19 and July 25, stories surfaced of United Parcel Service (UPS) workers having to be hospitalized due to heat exhaustion. Most UPS trucks are not air-conditioned, and when workers entered the brown metal box trucks to make deliveries, a significant number of them succumbed to the high temperatures.

At the time, Teamsters Local 804, which represents UPS workers, issued a press release demanding a UPS plan of action for how it would help its workers. “UPS is projected to pull in more than $100 billion in revenue in 2022 off the backs of Teamsters, and while management sits inside drooling over those figures, we’ve got members going to the emergency room,” International Trustee and Teamsters Local 804 President Vinnie Perrone was quoted as stating. “These trucks and warehouses are infernos. UPS can afford to do the right thing and protect its workers. They need to stop making excuses and do it now.”

But, as with other large companies, there is slow progress on accommodating workers who face varying climate conditions at their jobs.

Ramos, who chairs the Senate Labor Committee, said large companies like Amazon, Uber, and UPS have made record profits and ostensibly have the ability to take care of their workers—but are just not doing so.

“This bill would provide outlines to make sure that our workers remain hydrated, that they’re provided with AC during the summer, heat during the winter, [and] that they are afforded whistleblower protections so that in case the companies are not adhering to or complying [with] the law, they feel empowered to call the Department of Labor and report any wrongdoing against them without any fear of retaliation,” Ramos said.

“This bill is about listening to workers. Mother Nature has not been gentle with us, but workers have continued to show up. It’s time for employers to do the same,” said Joyner, who represents the Bronx’s Concourse, Highbridge, Mt. Eden, Morris Heights, and Claremont communities and chairs the Assembly Labor Committee.

“Research shows the deleterious and dangerous impact of long-term exposure to excessive temperatures, and employers are often dragging their feet in the face of this growing body of research. As a result, employees have too often been left out in the cold when they are feeling the heat, ” Joyner said. “This legislation ensures that employees have access to basic resources that can save lives, such as hydration, warmth in the winter, and access to shade when the temperature goes above 80 degrees in the summer. The Temperature Stress Act is long overdue legislation and I look forward to it being enacted this year.”

“If we can pass this bill and make it law, it may well lead to leaving more money on the table for wages and for other benefits for workers,” Ramos added. “We are taking action, we are introducing this bill, we are going to be passing this bill in the Senate, and hopefully it will be on Gov. Hochul’s desk by the end of this year for her signature.”