California eases oversight of farm workers as summer heats up

https://clc.ucmerced.edu/sites/clc.ucmerced.edu/files/page/documents/essential_fairness.pdfCalifornia has drastically cut enforcement of heat protection laws for outdoor workers while extreme heat has increased in recent years — endangering farmworkers, construction workers and others who work in sweltering heat — an investigation by the Los Angeles Times and the University of California found. capital and main Has been found.

The number of field inspections conducted by the California Occupational Safety and Health Division, known as Cal/OSHA, fell by nearly 30% from 2017 to 2023, according to agency data. The number of violations issued to employers fell by more than 40% in that period.

Labor advocates say the figures reflect a failure to adequately enforce California’s landmark outdoor heat-illness law, which was enacted nearly two decades ago after the death of several farm workers In the fields of the San Joaquin Valley. protection required in law Such as providing rest areas for workers with “as much shade as possible” and “pure, suitably cooled” water when temperatures exceed 80 degrees.

“All we need is for Cal/OSHA to go out there more often and do more inspections, which will hopefully save farm worker lives,” said Ephraim Camacho, a community worker with California Rural Legal Assistance, who visits farms in the San Joaquin Valley and helps workers file complaints. “We’re constantly getting calls from workers complaining, especially about the lack of shade and drinking water.”

In a statement, Cal/OSHA said its number of inspections in 2023 increased compared to 2021. But the number of inspections in 2023 also declined by 15% compared to the previous year, according to the data. The agency said it is improving training and investing in automation.

Cal/OSHA said, “The Department will continue to advance these efforts as we work aggressively to increase hiring.” The agency said it is creating a new agriculture unit that will work in cities including Lodi, Salinas, El Centro and Fresno and “significantly expand enforcement.”

High temperatures across California’s agricultural heartland have typically topped 105 degrees in July and August, and the state has experienced its six hottest years on record since 2014. Climate Assessment by the National Oceanic and Atmospheric Administration At least 17 workers have died in heat-related incidents since 2014, according to Cal/OSHA.

The Legislature is considering a bill Introduced by Senator Dave Cortez (D-San Jose), a former farmworker, the proposal would promote compliance with the state’s outdoor heat regulations and ensure that workers receive compensation and medical treatment if they suffer heat-related injuries while working for an employer that fails to comply with the law. In cases where farmworkers die, their families would be compensated.

For years, Cal/OSHA faces staffing shortages Critics say these have compromised worker safety. According to the latest data available, as of June 30, the agency found that Vacancy rate 37%or 141 vacancies in its enforcement bureau, which oversees workplace inspections. Earlier this year, Lawmakers criticize Cal/OSHA for multiple inspection failures during an Assembly hearing in which farm workers and their supporters accused the agency of repeatedly failing to enforce workplace safety laws.

Capital & Main – an investigative journalism organization – interviewed more than 40 farm workers across California in recent months. Workers reported that they often work without shade and sometimes without water provided by employers. On other occasions, according to workers, there is not enough shade for all employees, and break areas and water in the fields can be hundreds of yards away, making it impractical to reach them during afternoon breaks that often last only 10 minutes.

“Production is the only thing that matters,” Nazario Sarmiento, a 37-year-old farm worker, said in Spanish. He said he has picked lemons, oranges and grapefruits for years in orchards in the San Joaquin Valley without shade and sometimes without water provided by employers.

A reporter surveyed agricultural fields in seven California counties this spring and summer and observed workers working without shade, including in a grape field on a 108-degree day in Kern County, in a citrus orchard on a 99-degree day in Tulare County, in a pepper field on a 91-degree day in San Benito County and in a tomato field on an 89-degree day in Contra Costa County.

In interviews, labor advocates said they had visited farms that had no shade, or where water and shade were hundreds of yards away.

“I wouldn’t say this applies to every farm. … But I would say there has been negligence when it comes to the safety of the workers, whether they’re hired directly by the farm or they’re hired through a contractor hired by the farm,” said Marivel Mendoza, executive director. the hijas del campWhich provides food, water and protective equipment to farm workers in Contra Costa and San Joaquin counties.

Workers said they don’t complain or file grievances for fear of being targeted by supervisors. “They’ll say you’re not doing your job properly and they’ll fire you,” the 36-year-old strawberry picker from Santa Maria Valley said in Spanish.

Since May, the California Department of Industrial Relations, which oversees Cal/OSHA, has denied multiple requests from Capital & Main for details on outdoor heat-safety inspections, including enforcement actions by industry and sector, claiming the records cannot be disclosed because of “privilege.”

A farm worker holds a water bottle filled with ice cubes while working in a peach orchard in August 2023.

(Gina Ferrazzi / Los Angeles Times)

still, Data in the agency’s 2023 annual report The total number of enforcement actions has seen a steady decline over the six-year period.

In 2017, Cal/OSHA inspectors conducted 4,150 outdoor heat-safety inspections and cited employers for 1,996 violations. In 2023, the agency recorded 2,929 inspections and 1,130 violations.

The report notes the importance of outreach efforts to raise awareness about rules and safety measures to prevent heat illnesses. Outreach includes educational materials for employers and workers and communications to vulnerable communities. Yet between 2017 and 2023, the number of outreach efforts dropped by 83%, from 1,805 to 308, the report shows.

In 2005, California became the first state in the nation to enact outdoor heat safety regulations.

External heat law Applies to agriculture, construction, landscaping, and oil and gas extraction industries, as well as certain transportation activities. Employers are required to provide training about heat-related illnesses and have a written safety plan in English and a language understood by the majority of their workers.

For farm workers, employers are required to take additional “high-heat” measures when temperatures reach 95 degrees. These include a 10-minute “cool down” break every two hours and additional breaks when working overtime.

A recent study A survey conducted by the UC Merced Community and Labor Center estimated that 59% of agricultural workers in California were not citizens, the highest percentage of any industry in the state. According to labor advocates, many of those agricultural workers face language, technical or other barriers to filing complaints, while others are hesitant to speak out because of their immigration status. Advocates say these barriers make it especially important that Cal/OSHA step up enforcement actions.

“These are long-standing issues that have been ignored for a long time,” he said. Irene de BarricuaPolicy and communications director for Líderes Campesinas, a statewide organization that advocates for women working in the fields and their families, said Cal/OSHA needs to leverage its limited resources by partnering with community-based organizations that workers trust and can help conduct outreach.

“If you don’t have these inspectors, or it’s not happening fast enough, there needs to be more official collaboration with community-based organisations that are on the ground,” he said.

This story was produced in partnership with Capital & Main. McGraw Center for Business Journalism But Craig Newmark Graduate School of Journalism, City University of New York and it was supported Fund for Investigative Journalism,