THE DESERT SUN (Palm Springs, California)

July 1, 2009

State puts heat on farm contractors

K Kaufmann
The Desert Sun

Two farm labor contractors could lose their licenses for putting Coachella Valley workers at risk of heat illness by sending them out to jobs in temperatures over 100 degrees with insufficient water or shade, according to state officials.

Labor Commissioner Angela Bradstreet initiated license revocation hearings this past Thursday against Joel Salazar Farm Labor of Escondido and Valley Pride Inc. of Coachella.

Both companies have 30 days to file an appeal of the license revocation, with a hearing to be set within 30 days to 90 days, said Erika Monterroza, spokeswoman for the California Division of Occupational Safety.

If an appeal is unsuccessful or not made, either company could lose its license for up to three years, Monterroza said.

Salazar Farm Labor was originally cited, and briefly shut down in May, when state inspectors found a group of 15 workers from the company planting date trees near Thermal in 116-degree heat with less than a gallon of water for the whole crew.

Also in May, Valley Pride was cited and briefly closed for sending out two employees in 108-degree weather to cover watermelons without providing any shade for the workers themselves.

“The watermelons were covered so they wouldn't burn in the hot sun, and they didn't have shade for employees,” Monterroza said.

But Jorge Suarez, human resources manager for Valley Pride, said the May citation was an isolated incident and the company will appeal the revocation proceeding.

“We have had for years a safety board that works diligently to ensure a safe and pleasant working environment for all of the employees, including, of course, the following of stringent safety procedures,” Suarez said. “We intend to make any necessary corrective action, but this action cannot be determined until a thorough review of the claim is completed.”

Salazar said Tuesday he has already filed an appeal, but declined further comment.

The May citations against the two companies triggered an investigation by the Division of Labor Standards, which found both had not reported previous Cal-OSHA violations on their license applications, Monterroza said.

In addition to Salazar and Valley Pride, four other Coachella Valley contractors were cited in May as part of a two-week sweep of inspections by Cal-OSHA.

Galvan Brothers Inc. of Mecca and Young's Nursery of Thermal were both cited and briefly closed, but were able to correct the violations and reopen.

Salvador Alvarado and Antonio Fuentes Zafra were also cited and closed, but Monterroza could not provide information on the status of those citations on Tuesday.

The number and severity of violations found during the May sweep led state officials to push for emergency revisions to tighten the regulations protecting farmworkers from excessive heat, specifically beefing up requirements for workers' access to shade and water.

At a June 18 meeting in Oakland, the Occupational Safety and Health Standards Board sent the proposed changes back to staff for further reworking.

When and whether the board may take further action on the revisions has yet to be determined, Monterroza said.