If finalized, the measure would protect an estimated 36 million U.S. workers from injuries related to heat exposure on the job — establishing the first major federal safety standard of its kind. Photo via Getty Images

President Joe Biden on Tuesday proposed a new rule to address excessive heat in the workplace, warning — as tens of millions of people in the U.S. are under heat advisories — that high temperatures are the country's leading weather-related killer.

If finalized, the measure would protect an estimated 36 million U.S. workers from injuries related to heat exposure on the job — establishing the first major federal safety standard of its kind. Those affected by excessive heat in the workplace include farmworkers, delivery and construction workers, landscapers, and indoor workers in warehouses, factories, and kitchens.

Biden highlighted the proposed rule as one of five steps his Democratic administration is taking to address extreme weather as Hurricane Beryl is already ripping through the Caribbean in an ominous sign for the summer.

Biden used his remarks at the D.C. Emergency Operations Center to blast those Republican lawmakers who deny the existence of climate change, saying, “It's not only outrageous, it's really stupid.” Biden noted that there are human and financial costs from climate change, saying that weather-inflicted damage last year cost the economy $90 billion.

“More people die from extreme heat than floods, hurricanes and tornadoes combined,” Biden said. “These climate fueled extreme weather events don’t just affect people’s lives. They also cost money. They hurt the economy, and they have a significant negative psychological effect on people.”

The Democratic president, who's seeking reelection in part on his environmental record, said that the Federal Emergency Management Agency was also finalizing a rule to factor in possible flooding risks for federal construction projects.

In addition, FEMA was announcing $1 billion in grants to help communities deal with natural disasters, while the Environmental Protection Agency was releasing a new report on climate change's impacts. Lastly, Biden said his administration would hold a conference titled “White House Summit on Extreme Heat” in the coming months.

Despite increased awareness of the risks posed to human health by high temperatures, extreme heat protections — for those routinely exposed to heat index readings above 80 degrees Fahrenheit (27 degrees Celsius) — have lagged.

“The purpose of this rule is simple,” a senior White House administration official told reporters. “It is to significantly reduce the number of worker-related deaths, injuries, and illnesses suffered by workers who are exposed to excessive heat ... while simply doing their jobs.”

Under the proposed rule, employers would be required to identify heat hazards, develop emergency response plans related to heat illness, and provide training to employees and supervisors on the signs and symptoms of such illnesses. They would also have to establish rest breaks, provide shade and water, and heat acclimatization — or the building of tolerance to higher temperatures — for new workers.

Penalties for heat-related violations in workplaces would increase significantly, in line with what workplaces are issued for violations of Occupational Safety and Health Administration rules, a senior White House administration official said.

An estimated 2,300 people in the U.S. died from heat-related illness in 2023. From 1992 to 2022, a total of 986 workers across all industry sectors in the U.S. died from exposure to heat, with construction accounting for about 34% of all occupational heat-related deaths, according to the Environmental Protection Agency. During that time, 334 construction workers died due to heat exposure on the job.

As the hottest month of the year gets underway, millions of Americans will be at greater risk of heat strokes, dangerous dehydration and heat-related heart stress.

The Labor Department has been developing a standard for how workplaces deal with heat since 2021. Last year, OSHA held meetings to hear about how the proposed measures could affect small businesses.

The AFL-CIO union federation praised the measure. “If finalized, this new rule would address some of the most basic needs for workers’ health and safety,” said AFL-CIO President Liz Shuler.

Heat protection laws in the U.S. have faced steady industry opposition, including from chambers of commerce and other business associations. Many say a blanket mandate would be difficult to implement across such a wide range of industries.

California, Colorado, Oregon, Minnesota and Washington are the only states with workplace standards for heat exposure. Over the past year, Florida and Texas, led by Gov. Ron DeSantis and Gov. Greg Abbott, both Republicans, passed legislation preventing local governments from requiring heat protections for outdoor workers.

If finalized, the Biden administration's rule would override state standards, and states with existing procedures to deal with heat would have to institute measures at least as stringent as the finalized federal rule.

The OSHA plan was announced as the EPA released a new report on climate change indicators in the U.S. The report, last updated in 2016, highlights data showing the continuing and far-reaching impacts of climate change in the U.S. This year’s report adds heat-related workplace deaths and marine heat waves as climate change indicators.

The report lists 57 indicators related to either the causes or effects of climate change.

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California co. announces fully sustainable, hydrogen-powered data center in Houston

moving in

The Houston area will soon be home to what's being lauded as the first fully sustainable 1-gigawatt data center on a 600-acres site east of Houston.

Data center-as-a-service company ECL, headquartered in Mountain View, California, announced its plans to build the ECL TerraSite-TX1. Hardware and cloud service company Lambda will serve as its first tenant. Lambda and other AI leaders will get access to necessary space and power for the next wave zero emission innovations.

Phase 1 of TerraSite-TX1 will be complete by summer of 2025 with a cost of approximately $450 million. The 50 megawatt of data center capacity will be utilized by data center cloud and AI cloud operators. The 1-gigawatt site will be constructed at a cost of approximately $8 billion. The funding will come from ECL and financial partners.

ECL Terrasite-TX1 comes at a needed time for Texas with The Electric Reliability Council of Texas stating on June 12 that the state’s power grid needs will grow approximately double by 2030. This is due in part to the growth of data centers and AI. The ECL Terrasite-TX1 is built to help eliminate the stress on the state’s power grid and help facilitate “state-level economic development and growth of the AI industry,” according to a news release.

ECL houston data centerThe project will span over 600 acres east of Houston. Rendering courtesy ECL

ECL data centers are built to be modular, which allows for expansion in 1-megawatt increments. They are “ built to suit” and delivered in less than 12 months, which is shorter than the industry standard of 36 to 48.

“While others talk about delivering off-grid, hydrogen-powered data centers in five, ten, or 20 years, only ECL is giving the AI industry the space, power, and peace of mind they and their customers need, now,” Yuval Bachar, co-founder and CEO of ECL, says in a news release. “The level of innovation that we have introduced to the market is unprecedented and will serve not only us and our customers but the entire data center industry for decades to come.”

ECL’s ECL-MV1 is the world’s first off-grid, hydrogen-powered modular data center that operates 24/7 with zero emissions, less noise, and a negative water footprint that replenishes water to the community. ECL-MV1 offers a 10x increase in “energy efficiency with a power usage effectiveness of 1.05 and a 7-times improvement in data density per rack, which is ideal for AI high-density demand” according to the release.

“The data center technology committed to by ECL is truly transformative in the industry,” Lambda's Vice President for Data Center Infrastructure Ken Patchett adds. “We believe ECL’s technology could unlock a powerful and eco-conscious foundation for AI advancement. This new infrastructure could give researchers and developers essential computational resources while drastically reducing the environmental impact of AI operations.”

Dockworkers' union suspends strike until new year to allow time to negotiate new contract

pressing pause

Some 45,000 dockworkers at East and Gulf coast ports are returning to work after their union reached a deal to suspend a strike that could have caused shortages and higher prices if it had dragged on.

The International Longshoremen’s Association is suspending its three-day strike until Jan. 15 to provide time to negotiate a new contract. The union and the U.S. Maritime Alliance, which represents ports and shipping companies, said in a joint statement that they have reached a tentative agreement on wages.

A person briefed on the agreement said the ports sweetened their wage offer from about 50% over six years to 62%. The person didn’t want to be identified because the agreement is tentative. Any wage increase would have to be approved by union members as part of the ratification of a final contract.

Talks now turn to the automation of ports, which the unions says will lead to fewer jobs, and other sticking points.

Industry analysts have said that for every day of a port strike it takes four to six days to recover. But they said a short strike of a few days probably wouldn’t gum up the supply chain too badly.

The settlement pushes the strike and any potential shortages past the November presidential election, eliminating a potential liability for Vice President Kamala Harris, the Democratic nominee. It’s also a big plus for the Biden-Harris administration, which has billed itself as the most union-friendly in American history. Shortages could have driven up prices and reignited inflation.

The union went on strike early Tuesday after its contract expired in a dispute over pay and the automation of tasks at 36 ports stretching from Maine to Texas. The strike came at the peak of the holiday season at the ports, which handle about half the cargo from ships coming into and out of the United States.

Most retailers had stocked up or shipped items early in anticipation of the strike.

“With the grace of God, and the goodwill of neighbors, it’s gonna hold,” President Joe Biden told reporters Thursday night after the agreement.

In a statement later, Biden applauded both sides “for acting patriotically to reopen our ports and ensure the availability of critical supplies for Hurricane Helene recovery and rebuilding.”

Biden said that collective bargaining is “critical to building a stronger economy from the middle out and the bottom up.”

The union's membership won't need to vote on the temporary suspension of the strike. Until Jan. 15, the workers will be covered under the old contract, which expired on Sept. 30.

The union had been demanding a 77% raise over six years, plus a complete ban on the use of automation at the ports, which members see as a threat to their jobs. Both sides also have been apart on the issues of pension contributions and the distribution of royalties paid on containers that are moved by workers.

Thomas Kohler, who teaches labor and employment law at Boston College, said the agreement to halt the strike means that the two sides are close to a final deal.

“I’m sure that if they weren’t going anywhere they wouldn’t have suspended (the strike),” he said. “They’ve got wages. They’ll work out the language on automation, and I’m sure that what this really means is it gives the parties time to sit down and get exactly the language they can both live with.”

Kohler said the surprise end to the strike may catch railroads with cars, engines and crews out of position. But railroads are likely to work quickly to fix that.

Just before the strike had begun, the Maritime Alliance said both sides had moved off their original wage offers, a tentative sign of progress.

Thursday's deal came after Biden administration officials met with foreign-owned shipping companies before dawn on Zoom, according to a person briefed on the day's events who asked not to be identified because the talks were private. The White House wanted to increase pressure to settle, emphasizing the responsibility to reopen the ports to help with recovery from Hurricane Helene, the person said.

Acting Labor Secretary Julie Su told them she could get the union to the bargaining table to extend the contract if the carriers made a higher wage offer. Chief of Staff Jeff Zients told the carriers they had to make an offer by the end of the day so a manmade strike wouldn't worsen a natural disaster, the person said.

By midday the Maritime Alliance members agreed to a large increase, bringing about the agreement, according to the person.

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AP Writers Darlene Superville and Josh Boak in Washington and Annie Mulligan in Houston contributed to this report.