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Farm Workers’ Union Sues California Agency Over Rules on Heat Safety
The United Farm Workers union sued California's occupational health and safety agency on Thursday, accusing it of doing too little to prevent farm laborers' deaths from heat illness.
A tomato picker heads for the truck as he works in a field near Stocktonon on Wednesday, July 30. A recent report found that between 1992 and 2006, U.S. crop workers died from heat illness at a rate 20 times greater than all other workers.
(Bryan Patrick/ Sacramento Bee) The lawsuit, filed in state Superior Court in Los Angeles, says 11 farm workers have died from heat illness since California adopted regulations in 2005 aimed at stopping such deaths. It says that the regulations are too weak and that the safety agency has too few investigators and inspects too few farms, where laborers often work in heat exceeding 100 degrees.
Six farm workers died from heat illness last year, according to the lawsuit. State officials say three did. None have died this year, but several were taken to the hospital, lawyers for the union said.
Last year, the state found that more than 35 percent of the growers it had investigated violated the regulations.
Officials with the California Division of Occupational Safety and Health said they have increased efforts to prevent heat-related illnesses.
They said that since a heat wave began on July 11, the agency had conducted 167 inspections of outdoor workplaces and found more than 200 violations.
"We have done more enforcement this year than we have over all in past years," said Dean Fryer, a spokesman for the Department of Industrial Relations, who said the enforcement has resulted in more compliance. The agency, he said, has taught more than 5,000 growers and farm labor contractors about the requirements of the heat regulations.
State inspectors ordered 10 employers to suspend operation because of violations, including one grower who had less than one gallon of water for 15 employees working in 116-degree heat.
The lawsuit maintains that the regulations wrongly place the burden on the workers to say they need a break and some shade when they start to suffer from the heat. By then, the lawsuit says, some workers might be in grave danger.
"It's extremely difficult for workers to step forward, especially because they often work at piece rates, and they're not paid when they take a break," said Catherine Lhamon, assistant legal director for the American Civil Liberties Union of Southern California, which helped file the case.
The lawsuit says California should require that growers set triggers at various temperatures at which point growers would have to give workers a rest in the shade. It says that the regulations require growers to give just a five-minute break to workers who complain about the heat.
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6 Comments so far
Show AllIts really hard for them to step forward when they are here illegally.
Hard for government to regulate conditions by law for people they permit to remain by avoiding enforcing the law.
Thats the problem with selective compliance, you can't break the law and then complain when it doesn't protect you.
Rosa Parks broke the law when she sat in the front of the bus.
According to your reasoning she should never have did such.
Civil rights marchers all over the South broke the laws when they assembled and marched or organized boycotts.
According to your reasoning they should have just stayed home and asked for Civil rights politely.
Japanese Americans broke the law simply by being of Japanese descent and living on the West Coast.
According to your reasoning it their fault for being Japanese.
The Revolutionaries broke the law when they rose up against the King reufsing to pay their taxes dumping tea in Boston Harbor.
Americans the country over broke the law when they brewed their own Alchohol during prohibition.
There were laws against Sodomy, against sexual relations between people of different races .
There are also laws that Indicate that Treaties entered into are part the Supreme law of the land, that waging aggressive wars on other nations a war crime, that Torture a war crime, that warrantless surveillance a crime , that assassination of foreign leaders a criminal act, that Kidnapping a crime , that extra-judical executions a crime, that dropping bombs on Civilans a crime, that destroying a nations water supply a crime.
So am I to understand YOU believe that ALL Laws should ALWAYS be obeyed ?
Or do you believe that only certain crimes and violations should be prosecuted and there ahould be exemptions?
Is 2.3 million in prison not enough?
And if the Government makes it Mandatory BY LAW to Purchase Health Insurance from a Corpration that YOU would not only comply but insist your fello Citizens to the same while they write letters to Congress to complain?
Let's back up and put these workers into perspective. These laborers are here in large part because the U.S. has destroyed family farms in Mexico through NAFTA. For every ton of grain exported to Mexico, another starving Mexican peasant, driven off of his land, crosses our border to work in our agricultural system. The U.S. wants to have its lettuce and eat it too by saying that capital can move freely across national borders, but labor cannot.
In addition, U.S. support for right wing dictatorships in Central America over the decades forced tens of thousand of political war refugees to flee to this country.
Good comments, norsurrender and GWnorth.
Joe
The GROWERS are not here illegally. They should be required to provide water, shade, breaks and relief or face meaningful penalties. The possible charges should include manslaughter and murder.
My grandfather was an immigrant who died in a mining accident. At that time, it was not standard to require safety practices. We need to apply workplace safety standards to all industries. Most of the California food industries are not mom and pop operations, but large corporate enterprises.
The problem is that the growers give a lot more money to potential regulators than the workers give, whether they are here legally or illegally. Even illegal workers are doing real work. When you buy a tomato, is it any less real if picked by someone without papers?
Joe
I was driving through the Central Valley about a week ago, which is where most of California's agricultural workers labor. It was 116 degrees.