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Two contractors fined for heat illness last summer

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We want to share updates about two heat illness cases we reported to you last summer. These are cases where Cal-OSHA cited and fined farm labor contractors for violating California’s heat regulation. The UFW helped bring these cases to the attention of Cal-OSHA and to the public. Cal-OSHA has issued fines for the violations. Can you help us tell Cal-OSHA to see these cases through, conduct follow up inspections, not reduce the fines and treat any subsequent violations by the same companies more severely?

According to Cal-Osha news release, farm worker Nicholas Chavez, 16, was working for farm labor contractor AgPrime when he became ill with heat illness symptoms while harvesting bell peppers near Bakersfield under temperatures of more than 100 degrees. A supervisor noted the teen’s illness, but failed to seek medical help for him. Cal-OSHA found AgPrime did not provide adequate water, shade, rest breaks or first aid kits at the worksite, did not train new employees or supervisors to identify and treat symptoms of heat illness, and didn’t have procedures to protect workers laboring in high temperatures or to call emergency medical help if needed. AgPrime was cited and fined $61,425.

The state Division of Labor Standards Enforcement reviewed the case because of the farm worker’s young age and "the circumstances that led to the injured worker and his guardians’ separation of employment from AgPrime," a state news release said. The state issued two $500 citations to AgPrime for child labor violations—- failure to maintain a permit and for letting a minor work outside of permitted hours. Wage and retaliation claims were settled resulting in additional payment of $400 each.
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We also told you about another case where 47-year-old Romero Vasquez collapsed in a cantaloupe field last July near Blythe on the California-Arizona border after toiling in 102-degree heat. He later died. Cal-OSHA reported their investigation found C. Clunn Consulting, the farm labor contractor, didn’t provide farm workers with required training on identifying and treating symptoms of heat illness and failed to enforce its own heat illness prevention program. The business was cited and fined $74,125.

These citations against labor contractors are the first step in ensuring farm workers are protected in the fields. But for the fines to have any real meaning, we need to ensure Cal-OSHA follows through on these cases and doesn’t continue practices from the previous decade when fines were reduced to next to nothing. Please send your e-mail today.
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Arturo S. Rodriguez, President
United Farm Workers of America

PS: We will be sharing future plans by the UFW to further protect the people who produce our food in the near future.
 
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