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May 20, 2009
Farm contractor shut down over heat violations had no license
By Susan Ferriss
One of three farm labor contractors shut down recently for allegedly
failing to protect workers during blistering heat was operating without
a state license, occupational safety officials said Monday.
The license of Stockton-based Estrada Farm Labor Contractor expired last
November and the company had not renewed it despite two warning letters,
Cal-OSHA spokesman Dean Fryer said.
The agency took the rare step of immediately shutting down Estrada on
Saturday after inspectors found the company didn't provide shade in
95-degree heat and had not trained workers on how to respond to an
emergency.
"When it hits 85 degrees, shade always has to be up," Fryer said,
referring to a new rule this year for outdoor work sites. Proper water
and training are also required.
Because it had no license, Fryer said, Estrada is now under
investigation by the labor commissioner's office.
Cal-OSHA has warned that it will consider closing businesses immediately
if they are found in violation of heat-stress prevention regulations.
The agency in the past rarely exercised this right, and often gave
businesses a chance to correct violations. If a business is closed, it
has 24 hours to appeal the decision.
Estrada had four workers preparing a tomato field in the same
Stockton-Farmington region where farmworker Maria Vasquez Jimenez, 17,
collapsed in a vineyard and died a year ago. Witnesses say she was not
taken to a hospital for 90 minutes. The San Joaquin County district
attorney in April charged three of her employers with involuntary
manslaughter.
A second company shut down Saturday in the same region, Jose Alfaro
Labor Contractor, was cited for failing to protect five employees
thinning grape vines in 100-degree heat .
Salida-based Alfaro failed to provide proper shade and water and
training on how to respond to an emergency, Fryer said.
In August 2008, Alfaro was cited and then paid a $750 fine for failure
to properly train workers, Fryer said.
Neither company could be reached for comment.
Last Wednesday, the Hocier Rodriguez labor contracting company in
Coachella Valley was shut down after inspectors cited it for providing
no shade or training for workers in 104-degree heat.
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