BAKERSFIELD, CA – While Cal-OSHA officials plan on meeting to consider revisions to the heat regulations today during a public hearing in Oakland, more evidence shows that the agency is unable to enforce existing heat regulation laws in ways that adequately protect farm workers from extreme heat.
In some instances where Cal-OSHA was called to investigate heat regulations violations last summer, the agency was either too late, could not find the location, or did not follow the law as it is written in the books.
On August 25, for example, Cal-OSHA inspectors received a complaint from a farm workers crew laboring at a Giumarra Vineyards field in Ducor. The workers reported that there was not enough water provided. They also said the water was not cool and it was dirty. After weeks of waiting for a response, Cal-OSHA inspectors responded that an investigation could not be conducted because the inspector couldn’t find the location.
On another occasion, some employees of Giumarra Vineyards reported that they were being discouraged from drinking water. Cal-OSHA interviewed 13 workers who confirmed the above statement. Three of the 13 said they did not receive verbal instructions on the amount of water necessary to drink. Nine of the 13 said they were discouraged due to implicit work production demands. The heat illness regulation notes that workers "shall be encouraged" to drink adequate water. Despite the findings, Cal-OSHA determined that the employer was in compliance."
Two farm workers have died at Giumarra Vineyards because of heat illness and the company has received fines from Cal-OSHA. The fact that Giumarra continues to receive citations for heat illness violations every summer, shows that farm workers are still not receiving adequate protections.
Ironically, the state claims it doesn’t have the financial resources to enforce the regulation to guarantee farm workers drinking water. Yet, it is now committing to spend $800 million per year for 30 years to repay water bonds for farmers, which speaks to moral bankruptcy.
It’s time to give farm workers the right to enforce the laws that the state cannot enforce. It’s time for the Governor to sign legislation modeled after Senate President Pro Temp Darrell Steinberg’s SB 789.