Take action to prevent future deaths
Fifteen farm workers have died of heat-related complications since July 2004. We will be conducting vigils on the anniversary of each of their deaths--where we will share the worker's story--and invite you to join in virtually by telling legislators and Gov. Schwarzenegger that enough is enough, farm workers need a tool where they can protect themselves.
On May 9, 2007, 54-year old Eladio Hernandez died while working under the scorching California sun. He was working for the farm labor contractor YNT Harvesting at Hillside Orchards in California's San Joaquin Valley. Eladio's story is especially horrendous as the company waited for almost 3 hours before calling for medical assistance. Even then, the foreman just took Eladio and dropped him off near the sorting facility and left him. Other workers were the ones who called 911. Co-worker Rodrigio Gonzalez told us how Eladio told workers, "I don't want to die." (Click for Eladio's story.)
Cal OSHA initially fined the farm labor contractor YNT Harvesting $25,300 for being in serious violation of several health and safety standards. However, they later reduced the fine to $7,300--less than one third of the original fine. This is the system that is supposed to protect farm workers.
Disturbingly, in an April 2008 article, YNT employer, farm labor contractor Yolanda Calvillo said she operated her firm in a manner similar to that of other FLCs.
An OSHA inspection report's findings reveal that YNT's thoughtless and careless disregard for these regulations helped lead to Hernandez' death. Some of the findings outlined in the report include:
The field was located in a remote, isolated location and the employer failed to provide the crew boss proper equipment or a telephone communication system for contacting a doctor to avoid unnecessary delay in treatment. As a result, medical treatment was delayed and an employee of YNT Harvesting FLC died on 5/9/07.
It was determined that employees were not acclimatized. The OSHA investigation report detailed how the employer callously disregarded this by saying, It would be impossible to check each employee and determine if the worker needed an extra break just because certain new hires were not used to working in the heat. She also stated that she could not monitor each individual employee because it would be discrimination to allow one employee more time for a break.
Violations of the laws designed to protect farm workers occur every day and little is done. Complaints regarding lack of drinking water, shade and work breaks to make use of these simple, but lifesaving, measures are an everyday occurrence for farm workers.
The state's failure to protect farm workers from heat illness is just one of the reasons farm workers need a system to protect themselves. It's why SB789 is so vital. SB789, CA Employee Free Choice Act for Farm Workers (Steinberg), will make it easier for farm workers to organize and help enforce the laws that California's government cannot enforce. SB789 passed the California state senate on April 23. It will next be heard in the state assembly and then go to Governor Arnold Schwarzenegger.
Please take action today and tell them to pass SB789, a bill that will give farm workers the power to protect themselves.
