Stockton Record

January 19, 2009

 

Advocates and farm workers prepare for hot summer ahead

Groups work to prevent fatalities

 

By

Record Staff Writer

The heat-related deaths of at least six workers last year - including a teenage farm worker who had been living in Lodi - prompted heightened scrutiny of conditions in the Central Valley's fields as well as stepped-up efforts to ensure employers follow the California labor regulations meant to safeguard those who work in the sun.

The dangerous summer temperatures that contributed to the death in May of 17-year-old Maria Isabel Vasquez Jimenez are months away. Already, labor authorities, growers, workers and their advocates are considering how to prevent fatalities in the coming harvest seasons.

The task is a difficult one, entwined with issues of immigration and poverty that complicate efforts to uphold the state's tough heat-safety standards and protect a vulnerable population.

"If we have one death from heat stress, that's one too many," said Bryan Little, of the Farm Employers Labor Service, which assists agricultural businesses with labor laws and relations.

Last year, he said, "It became clear to us that there was something getting lost in translation. ... That shade and water weren't being provided, ... and we said, 'This isn't right. This shouldn't be happening.' "

Of the workers whose job-related deaths last year were attributed to heat, three were working in agriculture and one in construction. Two worked in other industries.

Another 37 people - 16 of them farm workers - were seriously sickened on the job because of heat, according to records from the California Department of Industrial Relations.

Jimenez collapsed after working nine hours pruning grapevines in a Farmington vineyard. She died two days later. The contractor she worked for, Merced Farm Labor, has been accused of failing to provide adequate shade and drinking water. The company was later stripped of its license and fined an unprecedented $262,000.

Following the girl's death, Cal-OSHA increased enforcement sweeps of fields throughout the region and introduced new outreach efforts, including a partnership with the state's migrant education offices, which agreed to provide heat-safety information to farm-worker parents.

Little said his organization developed new training sessions targeting the labor contractors who employ an estimated two-thirds of the state's farm workers.

The training has helped, he said.

"The difference between June and August was pretty readily apparent in a lot of the Valley," Little said. "You saw a lot more shade, a lot more water."

But Luis Magaņa, who advocates for farm workers in San Joaquin County, said he is worried. Already, he said. "The same problems are coming up again."

In 2008, Cal-OHSA inspectors issued 1,122 citations for violations of the state's heat-illness regulation - almost double the number issued in 2007 - and more than $1.8 million in related penalties have been assessed.

The agency has been criticized for later reducing the fines it levies.

"Those have been, to some extent, legitimate criticisms," said Cal-OSHA Chief Len Welsh. But he said, when fines are appealed, it is sometimes difficult to avoid reducing them as workers - many of them immigrants - often are reluctant to testify in support of an inspector's findings.

This year, enforcement sweeps will continue, he said, with a focus on return visits to fields that have been issued citations in the past.

Labor authorities also will distribute more information via radio, churches, schools and other means, he said.

"Education has been essential," Welsh said. "We're probably going to be spending quite a bit more this summer. Spending more on the educational effort, the outreach effort, than we did in the past."

Epifanio Ferrera has worked in San Joaquin County fields for 10 years.

The piece-rate pay system many employers use makes heat illness a problem among farm workers, he said; slowing down and taking breaks means less money.

Also he said, as construction jobs have dwindled, there is more competition for jobs in the field, and workers afraid of losing their income are afraid to complain about poor conditions.

Ferrera said he has enough experience to find contractors who are fair. "I only work with people who treat us well," he said.

In Lodi, grower Roland Hatterle for the past several years has collaborated with contractor Ruben Garcia to offer an annual safety-training program that includes information on working in the heat. Each year, dozens of farm workers and their contractors attend.

"I just want to be involved in the community," Hatterle said. "And in some ways, I feel bad for these immigrant workers. I feel we need to do all we can for their safety and welfare."