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Just four days after he began working on a sugar cane farm in Belle Glade, Florida, a 26-year-old Mexican H-2A worker died of heatstroke while on the job. The man had been working in the 97 degree Fahrenheit (36 degrees Celsius) heat for several hours. His employer did not provide him or his coworkers with important protections against the brutal heat, like breaks or time to acclimate to the heat. He had been experiencing symptoms of heat stress, and he complained that he did not feel well before he collapsed. Soon after, he died of heat stroke. 

The Occupational Health and Safety Administration (OSHA) investigated and found that McNeil Management Inc., the man’s employer, could have prevented his death by taking steps to prevent heat stress. OSHA found that the man may not have died if his employer had provided workers with mandatory breaks with water and shade, and gave workers time to acclimate to the heat. OSHA also found that the company broke the law by failing to report the man’s death. As a result, OSHA is fining McNeil Management Inc. $27,655 in penalties. The company is challenging the findings of OSHA’s investigation. 

Last summer was the hottest on record in Florida history, and this trend is expected to continue. Blocking heat protections means that as temperatures continue to rise, workers are at greater risk of heat stress and heat stroke at work. 

It is the employer’s job to provide a safe and healthy work environment, and despite years of advocacy by farmworkers, there is still no federal rule that specifically regulates workplace heat exposure. And despite this worker’s recent preventable death, the governor of Florida signed a law in April 2024 blocking Florida cities and counties from creating local rules to regulate workers’ exposure to heat at work.  This means that it is even more urgent for OSHA to act to protect workers in Florida and across the United States by creating a federal standard for workplace heat exposure. OSHA is working on this federal heat standard, but it may take years to become law. 

Until then, you can take steps to protect yourself and your coworkers from heat illness at work. OSHA’s Heat Illness and Prevention Campaign has information about how to work safely in the heat. You can learn about the signs and symptoms of heat stress, and the steps you can take to prevent it, like staying hydrated during work, and wearing a hat and light-colored, loose clothing. You can also download the Heat Safety Tool, an app that helps you calculate the heat index and risk level at your workplace. 

If you have questions about  your rights at your workplace in the United States, call Centro de los Derechos del Migrante, Inc. (CDM). We can help assess your situation confidentially and free of charge.

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