New Cal-OSHA heat regs still won't work

On Saturday we mourned the one year anniversary of Jose Macarena Hernandez’s death due to extreme heat. A veteran field worker, Jose died during record-breaking heat while harvesting squash in Santa Maria. Temperatures that day reached 110 degrees. Jose was found in the outhouse, his body blistered from the heat.

As we mark the one year anniversary of Jose’s death, we must look at what Governor Schwarzenegger and the state of California have done to prevent more needless deaths. Unfortunately, it is very little.

Two weeks ago, Cal-OSHA admitted that its regulations do not adequately protect farm workers from the heat. Then, Thursday, they proposed revised regulations.

Unfortunately it’s just a mirage. In reality, the Schwarzenegger administration is still failing to take adequate action to protect farm workers—after finding that employers weren’t complying with its weak regulation, the state gave them a bit more to comply with, but did nothing to:

increase employers’ incentives to comply
give workers a means to enforce the law themselves
strengthen Cal-OSHA’s well-documented shortcomings, such as its inability to identify noncompliance, its failure to verify whether a violation has been remedied, and its disappointing record on penalty collection.

The state’s own reports highlight its poor record. Despite an extensive campaign to train employers, the number of identified cases of non compliance were more in two weeks this year than they were in all of last year.

The new proposed heat regulations are full of exceptions and won’t protect the 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 hasn’t enforced. 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.

Subject:

Dear [ Decision Maker ],

(Edit Letter Below)

California's 650,000 farm workers routinely toil in hard working conditions. They work long days in temperatures that regularly exceed 100 degrees all summer long. These workers are entitled to protection from workplace injury and death. California's heat regulations-including the new proposed regulations that you issued yesterday-- just don't do it.

I'm disappointed to see that the State of California has taken inadequate action to protect its workers. After finding that employers weren't complying with its weak regulation, the state gave them a bit more to comply with--but took no further action to take care of vital issues such as: increasing employers' incentives to comply, giving workers a means to enforce the law themselves, and fixing Cal-OSHA?s well-documented shortcomings--such as its inability to identify noncompliance, its failure to verify whether a violation has been remedied, and its' disappointing record on penalty collection.

The Schwarzenegger administration had repeatedly said that they would do something to protect farm workers. Despite these promises, employers continue to flout the law, without effective penalty.
Eleven farm workers have suffered heat-related deaths since 2005, when California enacted its first emergency Heat Illness Prevention Regulation--six farm workers died last summer alone. Employers with as many as six heat regulation citations in three years are still not been considered repeat violators. Employers routinely avoid paying fines because the state fails to check to see whether the fines have been paid. Fines imposed, even in instances of worker heat-related death, have been as low as $250.

This must stop now--farm workers need tools with which to protect themselves.
Please support SB789, CA Employee Free Choice Act for Farm Workers (Steinberg), which has passed the Senate and will next be heard in the Assembly. This important bill will make it easier for farm workers to organize and enforce the laws that California's government is not enforcing.

Sincerely,
[Your name]
[Your address]

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