Worker organisations in the US are increasingly adopting a 'market-based enforcement' model to secure heat protections for employees, as federal and state legislative efforts have stalled. This approach, pioneered by the Coalition of Immokalee Workers (CIW), targets the reputations of major brands to improve conditions for workers.
The summer of 2026 was the hottest on record in the US, yet most workers in outdoor and unconditioned indoor facilities still lack heat protections. Lucas Benitez, who helped found the CIW, noted the significant increase in heat compared to 30 years ago. Oscar Londoño, co-executive director of WeCount, stated that workers growing indoor plants in Florida were exposed to temperatures over 37.8C (100F) this summer and reported heat-related symptoms.
The CIW's fair food program, which includes protections like shade, cool drinking water, and paid rest breaks, recently added a requirement for participating farms to provide electrolytes year-round. This model is now being emulated by groups like Miami-based WeCount, and by worker organisations in other sectors and countries, including dairy production in Vermont and sugarcane production in India.
Attempts to secure heat protections through traditional legislative routes have faced obstacles. A local ordinance in Miami-Dade county, which included provisions for paid rest breaks and access to water when the heat index hit 32.2C (90F), was blocked by a pre-emptive Florida state law. Federal efforts through proposed Occupational Safety and Health Administration (Osha) standards also appear to be stalled.