SACRAMENTO BEE

August 14, 2008

Cal-OSHA penalizes 2nd labor contractor over farm heat rules

By Susan Ferriss

State labor safety officials have ordered another farm labor contractor to pay large fines for violating California's heat illness prevention laws.

Galt-based Solis Farm Labor Contractor was issued $77,900 in penalties on Monday for violations inspectors discovered during an investigation that began May 29.

The probe began after the May 16 death of María Vásquez Jiménez, a worker for another San Joaquin Valley contractor, according to a press release from Cal-OSHA, the California Occupational Safety and Health agency.

Solis Farm Labor Contractor did not employ Vásquez Jiménez, but had employees in the same vineyard as the 17-year-old worker, who died after working nine hours with little water and no shade.

During their investigation, inspectors observed Solis employees at work and saw many of the same health and safety violations that had contributed to Vásquez Jiménez's death, according to Cal-OSHA.

Last month, Cal-OSHA issued $263,700 in penalties against Merced Farm Labor Contracting, Vásquez Jiménez's employer.

The fine is the biggest ever for violating heat illness regulations that were enacted in 2006. Cal-OSHA also referred the case to the San Joaquin County district attorney for possible criminal prosecution.

"We will not tolerate employers who put their workers' lives at risk by violating key provisions of the heat illness prevention regulations," said Cal-OSHA Chief Len Welsh.

Dean Fryer, agency spokesman, said Wednesday that Solis has 15 days to appeal the fines.

The company could not be reached for comment.

Both Merced and Solis have been shut down, Cal-OSHA said, until they prove they are in compliance with the law.

Solis was cited for failing to provide access to shade for recovery periods of at least five minutes and for its lack of procedures to respond to medical emergencies.

The company was also cited for failing to train employees and supervisors in heat illness prevention and to have a written illness prevention program.

It was also cited for failing to have a proper first aid kit and disposable cups at water stations.