DESERT SUN (Palm Springs, California)

June 23, 2008

Court to review illegal working conditions claim

Nicole C. Brambila
The Desert Sun

A Superior Court judged has issued a temporary injunction against a Ventura-based labor contractor saying there is probably validity to two Coachella Valley farmworkers' claims that they were not provided water or shade while working in the desert heat earlier this month.

California labor law requires cool drinking water and breaks to prevent heat stress.

The case goes to court July 3.

The June 17 lawsuit sought an emergency order for a temporary injunction against Magaña Labor Services Inc. on accusations the company failed to provide a safe working environment.

Celia Cardenas Acuña and Juan Carlos Garcia, who picked peppers in the Coachella Valley, claim in their suit that they were fired on June 3 along with the entire crew of 25 for complaining about the unsafe working conditions.

“It’s unimaginable that we have to go to court to insure basic human rights; they’re not cattle,” said Arturo Rodriguez, an attorney with California Rural Legal Assistance representing the farmworkers.

An attorney representing Magaña Labor Services did not return a phone call seeking comment.

On May 14, a pregnant 17-year-old farmworker died because of heat stroke, laboring in 95-degree heat in the Stockton area, raising new questions about the effectiveness of the state’s heat-safety regulations.

Following nine heat-related deaths in 2005, Governor Arnold Schwarzenegger signed emergency regulations to protect workers against heat-related illness or death. Those regulations were made permanent in 2006.

The regulations require:

• employers and employees to know how to recognize, prevent and treat heat stress

• access to shaded areas to outdoor employees

• access to cool drinking water