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By Monica Samayoa and Bradley W. Parks

Oregon Public Broadcasting

PORTLAND (AP) 鈥� New Oregon rules require workers be given access to water, shade and breaks on hot days, but some say they鈥檙e still laboring in unsafe conditions.

Skyler Fischer is a forklift driver at a Fred Meyer distribution center in Clackamas. He鈥檚 been working there for 12 years, he said. Fischer works at least four days a week, 10 to 12 hours each day, and gets two 15-minute breaks each shift, he added.

Last week, when temperatures soared to 102 degrees Fahrenheit in the Portland-metro area, Fischer said he was drained. The warehouse has no air conditioning, ceiling fans or any type of air circulation, he said. The only time Fischer can cool down, he said, is during his lunch break when he gets to eat inside an air-conditioned office.

鈥淯sually, I get home and I do stuff, but I just collapsed on the couch pretty much because I鈥檓 so exhausted,鈥� he said.

In May, the Oregon Occupational Safety and Health Division adopted permanent rules to protect workers laboring in excessive heat or wildfire smoke. They are some of the nation鈥檚 strongest protections for employees working outdoors or in workplaces without air-conditioning.

But last week, with daily highs consistently hitting triple-digits, Oregon OSHA鈥檚 recently implemented heat rules were tested. They took effect last month and apply when temperatures in a work environment reach 80 degrees Fahrenheit. They require employers to provide employees access to shaded areas, cool drinking water, and additional rest breaks so they can cool down and acclimate to the heat. The rule also requires employers to provide heat illness prevention training.

Aaron Corvin, Oregon OSHA鈥檚 public information officer, said the agency has opened an inspection related to the Fred Meyer facility in Clackamas.

Fred Meyer, in a statement, asserted that it has installed a mechanical cooling station at its 1-million-square-foot warehouse in Clackamas. On days with high temperatures, employees are provided access to water bottles on ice, water fountains, frozen treats and cooling towels, the company stated. Also, a distribution team takes temperatures throughout the facility daily, Fred Meyer stated 鈥� adding that temperatures did not exceed 80 degrees Fahrenheit last week.

Last summer, the Pacific Northwest experienced a heat dome event in which nearly 100 people died from heat-related illness in Oregon alone. At least four of those happened on the job and were reported by Oregon OSHA. A farmworker collapsed and died on a farm north of Salem and a construction worker became ill while inspecting a roof in Hillsboro, went to a hospital and died nine days later.

Shortly after the first workplace death was reported, several labor rights groups and environmental organizations called on Gov. Kate Brown to direct Oregon OSHA to issue temporary heat rules to protect workers. The agency has since adopted those rules permanently after more than a year and a half of rulemaking.

That process lays out the expectations for employers and their obligations to protect workers against the dangers of extreme heat, Corvin said.

Since the rules took effect on June 15, there have been at least 137 open inspections that relate to work hazards and heat complaints, Corvin said. Oregon OSHA has thus far issued employers nine citations for not following heat rules.

鈥淚 would certainly expect that we will have more,鈥� he said.

Most of the current inspections involve the restaurant industry, warehouse workplaces and construction sites. A citation or violation can lead to a fine.

Pineros Y Campesinos Unidos del Noroeste (PCUN), along with other labor rights groups and environmental groups, has been advocating for rules like these for years.

For the most part, PCUN is hearing from its members that employers are following the new rules, climate policy associate Ira Cuello-Martinez said. Some even go beyond what is required like providing salty crackers and electrolyte drinks to help employees maintain hydration and encouraging they take extra breaks.

But Cuello-Martinez has also heard from farmworkers that some employers aren鈥檛 applying any of the rules.

鈥淪ome workers were unaware of the rule even being in effect and have not received any sort of training from their employers when it comes to excessive heat,鈥� he said.

Under the new rules, workers should receive training in language they understand about the dangers of working in extreme heat conditions, Cuello-Martinez said. It鈥檚 unclear, he added, whether employers are providing flyers, allowing employees to ask questions or giving them time to digest the new information.

Meanwhile, several business organizations criticized the new rules, saying they鈥檙e not helpful to employers or employees. Three groups 鈥� Oregon Manufacturers and Commerce, Associated Oregon Loggers Inc. and the Oregon Forest Industries Council 鈥� even sued the state in June to try to prevent the rules from taking effect.

Mary Anne Cooper, vice president of government and legal affairs for the Oregon Farm Bureau, said the rules are overly prescriptive and have caused confusion for farmers, ranchers and farmworkers.

New documentation and reporting requirements also provide logistical challenges to some smaller family farms, she added.

鈥淚t鈥檚 just been a real challenge this year for our employers to meet these pretty burdensome new rules while maintaining a workforce and keeping their employees happy,鈥� she said.

Oregon OSHA is heavily focused on enforcing the rules and providing educational information to employees, Corvin said. The agency is committed to optimizing the rules, he added, because 鈥渢here鈥檚 always room for improvement.鈥�

Last year, the Biden administration pledged to begin developing federal rules to protect workers from heat-related illnesses after extreme heat left dozens of workers injured or dead.

Currently, Washington and California have temporary rules for protecting workers and are developing permanent rules. Workers in other states are protected through the federal Occupational Safety and Health Administration鈥檚 General Duty Clause, which requires employers to provide a place of employment 鈥渇ree from recognized hazards that are causing or likely to cause death or serious harm to employees.鈥�

Willie Groshell, a letter carrier for the U.S. Postal Service, said he hopes other states pass laws similar to Oregon鈥檚, so that it forces the federal government to adopt stronger regulations.

鈥淥r the other way that it鈥檚 going to happen is we鈥檙e going to have more and more people die,鈥� he said.