With OSHA’s Proposed Heat Rule at Risk, Is This the Year for the NY TEMP Act?
The Heat is On: Workers Struggle as Extreme Temperatures Rise
On a sweltering summer afternoon, the back of a UPS truck can feel like an oven. Chris Cappadonna, a 28-year-old delivery driver from Brooklyn, knows this all too well. After five years on the job, he’s no stranger to the grueling conditions. But two years ago, the heat nearly got the best of him.
It was one of New York City’s hottest days, and Cappadonna was unloading packages when he suddenly felt dizzy and overwhelmed. “I stepped out to try to catch my breath, but it was 100 degrees, so it didn’t help,” he recalls. “There was no wind, no nothing—barely any oxygen in the air.”
What followed was a terrifying mix of heat exhaustion and a panic attack. With no air conditioning in his truck and no nearby shelter, Cappadonna felt trapped. Just as he began to faint, a city sanitation worker stopped to check on him. The stranger let Cappadonna rest in his air-conditioned van, a gesture that likely saved him from a far worse outcome.
“I thank God for that sanitation worker,” Cappadonna says. “Who knows what would have happened after that?”
Stories like Cappadonna’s are becoming increasingly common as extreme heatwaves grip the nation. Yet, despite the growing risks, few states have enacted laws to protect workers from soaring temperatures. In New York, advocates pushed for the “TEMP Act” last year, which would have established heat safety standards for workers. But the bill stalled, with critics arguing it overlapped with a proposed federal rule by the Occupational Safety and Health Administration (OSHA).
Charlene Obernauer, executive director of the New York Committee for Occupational Safety and Health, isn’t holding her breath for federal action. “A lot of people were saying, ‘If this moves at the national level, why push for it at the state level?’” she says. But with President-elect Trump poised to take office, the future of the OSHA rule is uncertain.
Margaret Poydock, a senior analyst at the Economic Policy Institute, explains that the Trump administration could choose to abandon the rule altogether. “The Department of Labor under Trump could review the rule and decide it’s not something they want to pursue,” she says. “They might just not issue a final rule, and that would be the end of it.”
The proposed OSHA rule would require employers to take action at two heat thresholds. At 80 degrees, they’d need to provide water and rest breaks. At 90 degrees, paid 15-minute breaks every two hours would be mandatory. The rule also uses wet-bulb temperature, a measurement that factors in both heat and humidity, to gauge risk.
Anna Bershteyn, an associate professor at NYU Langone, emphasizes the dangers of heat and humidity. “The highest wet-bulb temperature humans can survive is 95 degrees,” she says. “But those studies were done on athletes and young adults, not your average, older employee.” In New York, she adds, heat-related deaths often occur among individuals with preexisting conditions or lower heat tolerance.
Despite the urgency, some business groups argue the rule is too burdensome. Frank Kerbain of the Business Council of New York State says small businesses would struggle to comply. “They’re supposed to be doing heat index monitoring and wet-bulb temperature taking—I don’t even know what that is,” he says. “There’s gonna be a lot of people trying to do the best to protect their workers who end up being cited and fined.”
In the years since Cappadonna’s close call, UPS has made some changes. The company now equips its trucks with fans and has committed to installing air conditioning in all new vehicles. It also provides employees with water, ice, cooling gear, and heat safety training.
Still, Cappadonna worries about the long-term toll of working in extreme heat. “I’m not gonna be 28 years old forever,” he says. “I’m gonna be in my 40s, 50s, getting close to retiring. And my worst fear is to be out there in the heat, right by the finish line, and something terrible happens.”
Obernauer and her team are working to reintroduce a version of the TEMP Act this legislative session. She compares the current lack of heat safety standards to driving without speed limits. “You want to believe people will do the right thing,” she says. “But there are gonna be some folks who go 100 miles an hour on the highway. You have to have consequences for people who don’t follow the rules.”
As temperatures continue to rise, the stakes for workers like Cappadonna are higher than ever. Without stronger protections, the heat could prove deadly for those who can least afford to bear it.
Ould leave workers like Chris Cappadonna vulnerable to the dangers of extreme heat without adequate protections.
The stakes are high. As climate change intensifies, heatwaves are becoming more frequent, longer, and more severe. Workers in industries like delivery, construction, agriculture, and manufacturing are on the front lines, frequently enough laboring in conditions that put thier health—and sometimes their lives—at risk. Without robust regulations, employers may lack the incentive to provide essential safeguards, such as access to water, shade, and rest breaks.
Cappadonna’s story is a stark reminder of the human cost of inaction. While the kindness of a stranger saved him on that scorching day, not every worker will be so lucky. The need for extensive heat safety standards is urgent and undeniable. Whether through state-level legislation or federal mandates, policymakers must prioritize the well-being of workers who keep our economy running, even as temperatures rise to hazardous levels.
As the debate over heat protections continues, one thing is clear: the time to act is now. Workers like Cappadonna shouldn’t have to rely on luck or the goodwill of strangers to survive a day on the job. They deserve laws that ensure their safety and dignity, no matter how high the mercury climbs.The heat is on—not just for workers, but for lawmakers to rise to the occasion and deliver the protections that are long overdue.
Be doing this job forever,” he says. “But I know there are people who will, and they deserve better protections. We shouldn’t have to risk our health just to do our jobs.”
As climate change continues to drive temperatures higher, the need for comprehensive heat safety regulations has never been more urgent. Workers like Cappadonna are on the frontlines of this crisis,facing life-threatening conditions with little recourse. While some companies, like UPS, have taken steps to mitigate risks, these efforts are not global—and they are no substitute for enforceable, nationwide standards.
The delay in passing state and federal protections leaves millions of workers vulnerable, particularly those in industries like construction, agriculture, and delivery, where exposure to extreme heat is unavoidable.The stakes are clear: without action, more workers will suffer heat-related illnesses, and preventable tragedies will continue to occur.
As policymakers debate the costs and logistics of implementing heat safety measures, it’s crucial to remember the human cost of inaction. Workers’ lives and livelihoods depend on meaningful change. The time to act is now—before the next heatwave claims another victim. The heat is on, and so is the pressure to protect those who keep our economy running.