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June 13, 2008
Contractor that hired farmworker who died put out of business
By News-Sentinel Staff
Merced Farm Labor Contractor, which hired the 17-year-old farmworker
from Lodi who died after working at a Farmington vineyard, has been put
out of business by the state.
The California Department of Industrial Relations issued an
administrative order on Thursday prohibiting Merced Farm Labor
Contractor from operating in the fields, citing the company's failure to
comply with heat illness regulations as a threat to worker safety.
"With temperatures rising, we are taking this unusual step as a way to
ensure that workers employed by this company are not put at risk," said
Industrial Relations Director John Duncan. "This order will be in force
until the company is in full compliance with California heat illness
prevention regulations."
Atwater-based Merced Farm Labor hired Maria Isabel Vasquez Jimenez, a
17-year-old farm worker from Lodi who died last month of suspected
heat-related causes after working nine hours in high heat in a vineyard
without water or shade, according to a statement released by the
Department of Industrial Relations.
Under California law, outdoor employers are required to train
supervisors and employees about the symptoms of heat illness, have an
emergency medical assistance plan and provide shade and water to
workers.
Jimenez had moved with her boyfriend to Lodi from their native Mexico in
February. Hundreds of United Farm Workers members and their supporters
from throughout California attended her funeral at St. Anne's Catholic
Church and a second Mass there four days later before some of them
walked Lodi, Acampo, Galt and Thornton to the State Capitol to request
greater enforcement of state law.
Gov. Arnold Schwarzenegger visited Lodi on the day of Jimenez's funeral
and also released a statement Thursday.
"I cannot emphasize this strongly enough — companies that fail to
protect worker safety will be prosecuted to the fullest extent of the
law," Schwarzenegger said in a written statement.
"Every employer or labor contractor in every corner of the state of
California will face the same scrutiny — obey the law or be shut down,"
Schwarzenegger said. "Worker safety from heat illness must and will be
protected in California."
Agency spokeswoman Kate McGuire said that Merced Farm Labor will remain
out of business unless the company can prove they were in compliance.
The agency is continuing its investigation on exactly what happened to
cause Jimenez's death, so McGuire can't comment further on the case, she
said.
On June 4, Industrial Relations' Division of Labor Standards Enforcement
moved to revoke Merced Farm Labor's license to operate for failing to
disclose that it was cited for similar Cal/OSHA violations in 2006, and
for failing to follow heat illness regulations as required under its
license.
While investigating the Jimenez case, investigators reportedly uncovered
evidence that leads them to suspect that the company may be continuing
to hire and place workers in unsafe and unhealthful working conditions,
and as a result issued the order to prohibit use as a precaution.
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