NYC Comptroller Lander’s New Report Reveals City’s Outdoor Workers Face Increased Vulnerability and Need for Protections from Heat Amid Climate Change

 

New York City Comptroller Brad Lander released “Safeguarding Outdoor Workers in a Changing Climate,” a report that highlights the need for stronger protections for outdoor workers facing the growing risks of climate change, especially extreme heat. The report comes at a time when extreme weather events—such as intense heat waves and deteriorating air quality due to wildfire smoke—have become more frequent, placing outdoor workers at heightened risk.

“This summer was the hottest ever on earth, breaking last year’s record, and sadly next year will probably be hotter still—our outdoor workers are on the front lines of these increasingly dangerous conditions,” said New York City Comptroller Brad Lander. “With rising temperatures and worsening air quality, it’s essential for New York City to have stronger regulations in place to protect workers from the deadly risks of extreme heat.”

“New Yorkers could see a six-fold increase in days with a heat index above 95°F by the end of this decade,” said Chief Climate Officer Louise Yeung. “Extreme heat is the leading cause of weather-related deaths in New York City. This is more than an uncomfortable inconvenience—it’s deadly. As New York City faces more heat waves and air quality emergencies, the City must ensure safe labor conditions for outdoor workers who face the brunt of climate impacts.”

“Climate emergencies like poor air quality and extreme heat claim lives and pose a severe risk to outdoor workers who put their health and safety on the line to provide essential services to New Yorkers,” said Claudia Henriquez, Director of Workers’ Rights. “Our office’s new report is a glimpse into that reality and its consequences. State and City officials must collaborate with workers, unions, and advocacy organizations to prioritize the protection of these workers by ensuring access to safe working conditions, necessary protective equipment, hydration, and proper breaks.”

The report finds that 1.4 million workers, or a third of New York City’s workforce, work outdoors for prolonged periods of time. The report provides a thorough analysis of the occupational health impacts associated with extreme weather for workers in sectors like construction, transportation, and street vending. These workers are disproportionately composed of non-citizen immigrants and Hispanic/Latino or Black individuals. Additionally, the report finds that the more outdoor exposure a job entails, the lower the wages, with an annual income decrease of $700 for every one percent increase in outdoor worker concentration.

Forecasts also indicate a potentially active wildfire season this year, which may mean more air quality emergencies in New York City. New York City experienced its first air quality emergency in June 2023, triggered by smoke from Canadian wildfires, which pushed the air quality index to hazardous levels. Poor air quality from wildfire smoke can lead to serious health issues, including cardiovascular problems, respiratory illnesses, and eye irritations. The City’s response was slow, leaving many outdoor workers without guidance or protective measures. The need for effective guidelines became evident again in June 2024 when high ozone levels caused by fossil fuel emissions prompted an air quality alert.

To address the growing threats of climate change thoroughly and sustainably, the report divides its recommendations into proposed employer requirements and public health initiatives. The proposed employer requirements build on existing proposed state legislation, such as the Temperature Extreme Mitigation Program (TEMP) Act, which is designed to protect workers in industries with high exposure to extreme temperatures by mandating essential safety measures. Additionally, the recommendations build on legislative actions aimed at significantly improving protections for outdoor workers across New York City.

The public health initiatives focus on broader efforts to support outdoor workers, including improved access to public facilities, emergency health protocols during extreme weather, and outreach programs to educate workers on safety measures.

Recommendations for Employer Requirements

• Pass the Temperature Extreme Mitigation Program (TEMP) Act: Sponsored by New York State Senator Jessica Ramos and Assemblymember Harry Bronson, this legislation would mandate that employers provide essential protections against extreme heat, including water, shade, and rest breaks.
• Expand Outdoor Heat Standards: The City must extend heat protections to all outdoor workers in New York City, ensuring safe working conditions during heat waves for sectors not covered by the TEMP Act.
• Set Labor Standards for Unsafe Air Quality: The City must set new labor standards for unsafe air quality. This legislation will require employers to develop air quality illness prevention plans, ensuring access to safe air, personal protective equipment (PPE), and reduced strenuous activities during air quality emergencies.

Recommendations for Public Health Initiatives

• Collect and Publicly Report Data: The City should collect and report data on the occupational impacts of extreme weather to better understand and mitigate these risks.
• Develop Emergency Protocols: Protocols should be established to protect outdoor workers during extreme weather events, ensuring their health and safety.
• Expand Public Bathroom Access: Increased access to public bathrooms is essential, particularly in areas with high concentrations of outdoor workers.
• Reform the City Street Vending Code: Allow merchandise vendors to use shade structures to protect themselves from extreme heat.
• Establish a City PPE Distribution Program: In the event of air quality emergencies, the City should distribute PPE to outdoor workers with non-standard employment arrangements.
• Proactive Outreach and Education: A citywide outreach program should be developed to educate outdoor workers on how to stay safe during extreme weather conditions.

This report was prepared by Matan Diner, Research and Policy Analyst for Workers’ Rights and Louise Yeung, Chief Climate Officer, with support from Rebecca Lynch, Deputy Director of Workers’ Rights, Sam Stanton, Senior Policy Researcher, Robert Callahan, Director of Data Analytics, and Macarena Moraga, Strategic Organizer for Workers’ Rights.

Read the full report here.