United Farm Workers of America
Settlement of Bautista v. State of California
June 11, 2015—Fresno, California
It is very hot this week and farm workers in this valley continue to harvest food for the nation and the world.
Many of us with the United Farm Workers have too often had to comfort farm worker families mourning the needless deaths of their loved ones from exposure to extreme heat in the fields. We don’t want to have to repeat that experience.
The harvest seasons have begun in many parts of California. Farm workers often must perform hard physical labor in temperatures that approach or exceed 95 degrees—as they are this week in this valley.
Farm labor—feeding America and much of the world—is honorable and important work. Farm workers shouldn’t have to risk death or illness from extreme heat when reasonable measures can easily prevent such tragedies. Protections for workers will improve through joint and mutual efforts by the state of California and the UFW as a result of this settlement.
The UFW helped convince then-Governor Schwarzenegger to issue the first standards in the nation in 2005 protecting farm and other outdoor workers from dying or becoming sick during times of extreme temperatures following a spate of farm worker heat deaths. However, despite the ease of prevention if the regulations are observed, farm worker heat deaths continued after 2005, including 27 more farm worker fatalities since then.
It is our hope that this settlement and the partnership we have established with the state of California will create a new day for farm workers, one in which the good laws that are on the books are also the standards that are enforced in the fields.
A new day means that when temperatures approach or exceed 95 degrees farm workers are guaranteed a paid work break every two hours, a shaded area and cool water as required by law.
A new day means completing inspections and taking action more quickly, especially against repeat, serious and willful violators.
A new day means focusing all state inspectors on workplaces such as in agriculture during weeks like this when temperatures soar.
We will continue working closely with the Brown administration to ensure that this new day for farm workers becomes a reality.
We are also using this announcement at the start of the California harvest seasons to educate more farm workers across the state about their enhanced rights and protections as a result of the settlement.
We are joined by one of the brave and strong farm worker plaintiffs, Maurica Calvillo from Kern County. Mauricia worked at Giumarra Vineyards where two of her farm worker coworkers have died due to heat illness.
Members of the Cruz family were with us in August 2005, when Governor Schwarzenegger announced the original heat standards. We hoped then that their loved one would be the last person lost to heat illness. They are also with us now in the continuing hope that more farm workers will not perish from extreme heat.
– end –