INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS IN THE UNITED STATES

MARCH 2011

BON APPEacuteTIT MANAGEMENT COMPANY FOUNDATION

UNITED FARM WORKERS

b o n a p p e t i tf o u n d a t i o n

4

i

ACKNOWLEDGMENTS

ii

EXECUTIVE SUMMARY

KEY FINDINGS FROM THE INVENTORY

4

i

ACKNOWLEDGMENTS

ii

EXECUTIVE SUMMARY

KEY FINDINGS FROM THE INVENTORY

i

ACKNOWLEDGMENTS

ii

EXECUTIVE SUMMARY

KEY FINDINGS FROM THE INVENTORY

ii

EXECUTIVE SUMMARY

KEY FINDINGS FROM THE INVENTORY

iii

PRIMARY ISSUES AFFECTING US FARMWORKERS TODAY

Fingers to the Bone United States Failure to Protect Child Farmworkers

Farm Labor in California en and Now

iv

Bound for America Mother JonesIndictment Accuses Firm of Exploiting ai Workers New York Times

v

vi

FUTURE STEPS

bull bull bull bull bull

vii

viii

ix

TABLE OF CONTENTS

No Data No Problem Employment Conditions of US Farmworkers 1

Inventory of Farmworker Issues and Protections 9

Conclusion 46

APPENDIX I Technical Notes 53

APPENDIX II Farmworker Information and Resources 64

x

ABBREVIATIONS

xi

TABLES

FIGURES

1

NO DATA NO PROBLEM

EMPLOYMENT CONDITIONS OF US FARMWORKERS

SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS

2

vii

viii

ix

TABLE OF CONTENTS

No Data No Problem Employment Conditions of US Farmworkers 1

Inventory of Farmworker Issues and Protections 9

Conclusion 46

APPENDIX I Technical Notes 53

APPENDIX II Farmworker Information and Resources 64

x

ABBREVIATIONS

xi

TABLES

FIGURES

1

NO DATA NO PROBLEM

EMPLOYMENT CONDITIONS OF US FARMWORKERS

SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS

2

viii

ix

TABLE OF CONTENTS

No Data No Problem Employment Conditions of US Farmworkers 1

Inventory of Farmworker Issues and Protections 9

Conclusion 46

APPENDIX I Technical Notes 53

APPENDIX II Farmworker Information and Resources 64

x

ABBREVIATIONS

xi

TABLES

FIGURES

1

NO DATA NO PROBLEM

EMPLOYMENT CONDITIONS OF US FARMWORKERS

SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS

2

ix

TABLE OF CONTENTS

No Data No Problem Employment Conditions of US Farmworkers 1

Inventory of Farmworker Issues and Protections 9

Conclusion 46

APPENDIX I Technical Notes 53

APPENDIX II Farmworker Information and Resources 64

x

ABBREVIATIONS

xi

TABLES

FIGURES

1

NO DATA NO PROBLEM

EMPLOYMENT CONDITIONS OF US FARMWORKERS

SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS

2

x

ABBREVIATIONS

xi

TABLES

FIGURES

1

NO DATA NO PROBLEM

EMPLOYMENT CONDITIONS OF US FARMWORKERS

SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS

2

xi

TABLES

FIGURES

1

NO DATA NO PROBLEM

EMPLOYMENT CONDITIONS OF US FARMWORKERS

SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS

2

1

NO DATA NO PROBLEM

EMPLOYMENT CONDITIONS OF US FARMWORKERS

SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS

2

2

3

PROFILE OF US FARMWORKERS

4

5

FARMWORKER DEMOGRAPHICS

14 million crop farmworkers in the US

0

50

100

150

200

250

300

350

400

450

500

CA FL NC OR TX WA

FIGURE 1

Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)

5

FARMWORKER DEMOGRAPHICS

14 million crop farmworkers in the US

0

50

100

150

200

250

300

350

400

450

500

CA FL NC OR TX WA

FIGURE 1

Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)

6

TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS

MIGRANT TYPE HIRED CONTRACT ALL

SettledShuttle

Follow the CropNewcomer

7214410

53111125

70135

12

TABLE 1

Migrant Status of Farmworkersby Employment Type

NAWS (2005ndash2009)

7

CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT

CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON

Top Five Labor Intensive Cropsin Terms of Commodity Value

TABLE 2

grapesalmondsnursery productslettuceberries

greenhousenurseryorangestomatoesstrawberriesgrapefruit

greenhousenurserytobaccoblueberriestomatoescucumber

greenhousenurserypearscherriesgrapeshazelnuts

greenhousenurseryonionspecanswatermeloncabbage

apples greenhousenurserycherriesgrapespears

8

CROP FARMS REPORTINGLABOR EXPENSES

TYPE OF LABOR USED ON CROP FARMS WITH

LABOR EXPENSES REPORTED

FARMS WITHLABOR

EXPENSESREGIONHIREDONLY

HIRED amp CONTRACT

CONTRACTONLY

OF ALL FARMS IN STATE WITH

LABOR EXPENSES

USACalifornia

FloridaOregon

N CarolinaTexas

Washington

576000400001400014000130006200013000

26503027332532

68445267625474

15291818191915

16273014182712

Crop Farms Reporting Labor Expenses

TABLE 3

2007 Census of Agriculture

2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only

9

INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS

REGION

of all hired EMPLOYEES

at farms hiring 11 or more employees

USACalifornia

FloridaN Carolina

Oregon

6887876819

of all FARMS hiring 11 or more

employees

1227231919

Crop Farms Hiring 11 or More Employees

TABLE 4

2007 Census of Agriculture

10

California Rural Legal AssistanceMichael Meuter

Florida Legal Services IncGreg Schell

Legal Aid of North CarolinaMary Lee Hall

Columbia Legal ServicesLori Jordan Isley

Most Common Farmworker Issues Reported by Legal Advocates

TABLE 5

2007 Census of Agriculture

California

Florida

N Carolina

Washington

TYPES OF CASES REPORTED(not necessarily in order of priority)

CONSULTINGORGANIZATION

9

INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS

REGION

of all hired EMPLOYEES

at farms hiring 11 or more employees

USACalifornia

FloridaN Carolina

Oregon

6887876819

of all FARMS hiring 11 or more

employees

1227231919

Crop Farms Hiring 11 or More Employees

TABLE 4

2007 Census of Agriculture

10

California Rural Legal AssistanceMichael Meuter

Florida Legal Services IncGreg Schell

Legal Aid of North CarolinaMary Lee Hall

Columbia Legal ServicesLori Jordan Isley

Most Common Farmworker Issues Reported by Legal Advocates

TABLE 5

2007 Census of Agriculture

California

Florida

N Carolina

Washington

TYPES OF CASES REPORTED(not necessarily in order of priority)

CONSULTINGORGANIZATION

10

California Rural Legal AssistanceMichael Meuter

Florida Legal Services IncGreg Schell

Legal Aid of North CarolinaMary Lee Hall

Columbia Legal ServicesLori Jordan Isley

Most Common Farmworker Issues Reported by Legal Advocates

TABLE 5

2007 Census of Agriculture

California

Florida

N Carolina

Washington

TYPES OF CASES REPORTED(not necessarily in order of priority)

CONSULTINGORGANIZATION

11

I WAGE AND HOUR STANDARDS

12

$725With Exemptions

mdash mdash mdash

mdash mdash mdash

mdash

mdash

mdash

mdash mdash

15x pay for

2x pay for

10 minute paid rest period for every 4 hours of work

10 minute paid rest period when working 4 hours or more

30 minute unpaid meal period for every working 5 hours of work Second meal period required

30 minute unpaid meal period when working 6 hours or more

10 minute paid rest period when working 4 hours or more

30 minute unpaid meal period when working 5 hours or more

California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations

Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division

Texas Minimum Wage ActTexas Workforce Commission

Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries

Administrative RulesBureau of Labor and Industries

Fair Labor Standards Act (FLSA)DOL Wage and Hour Division

$825With Exemptions

$800

mdash

mdash

mdash mdash mdashmdash

Federal

California

Florida

N Carolina

Oregon

$867With Exemptions

Washington

Texas

CURRENT MINIMUMWAGE

MINIMUMWAGE OVERTIME

REQUIREDRESTPERIOD

REQUIREDMEALPERIOD

LAWS CODES amp REGULATING DEPT

Minimum Wage and Hour Protections for Farmworkers

TABLE 6

AVERAGE WAGE

Below $725$725 ndash $924

$925 ndash $1124$1125 ndash $1324$1325 or more

HIRED CONTRACT ALL

29421577

30431477

35481034

Proportion of Farmworkers at Average Wage Levels by Employment Type

TABLE 7

NAWS 2005-2009

$725With Exemptions

mdash mdash mdash

mdash mdash mdash

mdash

mdash

mdash

mdash mdash

15x pay for

2x pay for

10 minute paid rest period for every 4 hours of work

10 minute paid rest period when working 4 hours or more

30 minute unpaid meal period for every working 5 hours of work Second meal period required

30 minute unpaid meal period when working 6 hours or more

10 minute paid rest period when working 4 hours or more

30 minute unpaid meal period when working 5 hours or more

California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations

Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division

Texas Minimum Wage ActTexas Workforce Commission

Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries

Administrative RulesBureau of Labor and Industries

Fair Labor Standards Act (FLSA)DOL Wage and Hour Division

$825With Exemptions

$800

mdash

mdash

mdash mdash mdashmdash

Federal

California

Florida

N Carolina

Oregon

$867With Exemptions

Washington

Texas

CURRENT MINIMUMWAGE

MINIMUMWAGE OVERTIME

REQUIREDRESTPERIOD

REQUIREDMEALPERIOD

LAWS CODES amp REGULATING DEPT

Minimum Wage and Hour Protections for Farmworkers

TABLE 6

13

INCOME LEVEL

Up to $9999$10000 - $19999$20000 - $39999

$30000 or more

() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question

HIRED CONTRACT ALL

20462312

22472110

335890

Farmworkersrsquo Annual Personal Income Levels by Employment Type

TABLE 8

NAWS 2005-2009

14

HOURS WEEK

Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours

HIRED CONTRACT ALL

3385081

4385171

834535ndash

Number of Hours Worked per WeekBy Employment Type

TABLE 9

NAWS 2005-2009

DAYS WEEK

1-4 days5 days6 days7days

HIRED CONTRACT ALL

637516

637516

939494

Number of Days Worked per WeekBy Employment Type

TABLE 10

NAWS 2005-2009

ACTIVITY

Farm WorkNon-farm Work

Not Working

HIRED CONTRACT ALL

3494676

3444278

3081991

Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work

and Non-Work By Employment Type

TABLE 11

NAWS 2005-2009

15

ACTIVITY HIRED CONTRACT ALL

Actual Days Employed in Farm WorkBy Employment Type

TABLE 12

NAWS 2005-2009

89 days or less90-179 days

180-269 days270-365 days

Average

21193526195

21193524192

26213716170

Weeding Out Abuses Recommendations for a law-abiding farm labor system

Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)

15

ACTIVITY HIRED CONTRACT ALL

Actual Days Employed in Farm WorkBy Employment Type

TABLE 12

NAWS 2005-2009

89 days or less90-179 days

180-269 days270-365 days

Average

21193526195

21193524192

26213716170

Weeding Out Abuses Recommendations for a law-abiding farm labor system

Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)

16

II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS

Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs

Fingers to the Bone United States Failure to Protect Child Farmworkers

17

16

18 16 if not required to attend school

12

14

1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions

Fair Labor Standards Act (FLSA)DOL Wage and Hour Division

1040 (more than 10 hours a day with special permit) schooldayweek 318

840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week

840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school

16 12 9 with limitations

6 days

6 days

6 days

840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17

18 14 12 with limitations

6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18

mdash mdash

mdash

FED

CA

FL

NC

OR

WA

TX

Minimum age for employment

DURING amp OUTSIDE School Hours

Maximum Hours and Daysfor minors under 16 unless

other age indicatedLawsCodes amp Regulating Agencies

During Outside DailyWeekly Days per Week

Child Labor Laws Applicable to Farmworkers

TABLE 13

Children working in agriculture in NC are exempt from the state child labor protections and follow federal law

Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours

California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)

Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division

Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code

Child Labor Program

NC Wage and Hour Act and Administrative Code

Texas Child Labor Law

Employment Standards

and Industries

Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment

18

No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops

Fields of Peril Child Labor in US Agriculture

AGE OF FARMWORKER PERCENT

12 years or younger13-17 years18-20 years21 years or older

4262348

TABLE 14

Age When Starting Farm Work

NAWS (2005ndash2009)

19

III FARM LABOR CONTRACTORS

Migrant and Seasonal Workers Protection Act (AWPA)

Wage and Hour Division

California Labor Commissioner

Department of Business and Professional

Regulation

Oregon Bureau of Labor and Industries

Washington State Department of Labor and Industries

FED

CA

FL

NC

OR

WA

TX

KEY REQUIREMENTS

LawsCodes Regulating DepartmentCer

tifi

cati

on

Li

cen

se

Wo

rker

s C

Om

p

Insu

ran

ce

Exam

Co

nti

nu

ing

Ed

uca

tio

n

Sure

ty B

on

d

Farm Labor Contractor Requirements

TABLE 15

California Labor Code Sections 1682-1699

Chapter 450 Part III Florida Statutes

Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors

Chapter 1930 RCW Chapter 296-310

WAC Farm Labor Contracting Rules

20

REGION

CAFLNCORTXWA

All otherTOTAL

TOTAL LICENSED FLCs

OF ALL LICENSED FLCs

9881587

9675

16035

21435354

1830213

lt145

100

Federally Licensed Farm Labor Contractors in 2009

TABLE 16

Reported by the DOL through FOIA

21

IV HOUSING AND TRANSPORTATION

22

Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105

OR Occupational Safety and Health Division Section U-5 Vehicles

V C Section 31401 Farm Labor Vehicles Regulations Inspections

Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203

State Codes Regarding EmployeeMigrant Housing

Department of Housing and Community Development

Florida Statutes 381008Migrant Labor Camps 64E-14

Florida Department of Health

Migrant Housing Act Chapter 95 Article 19

Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor

FED

CA

FL

NC

Provisions for Farmworker Camps ORS 658705 to 658850

OR

Texas Transportation Code Chapter 647 Motor

Transportation of Migrant Agricultural Workers

Texas Health and Safety CodeDepartment of Housing and

Community Affairs

TX

FARMWORKER HOUSING FARMWORKER TRANSPORTATION

Protections for Farmworker Housing and Transportation

TABLE 17

mdash

mdash

Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health

WA

22

Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105

OR Occupational Safety and Health Division Section U-5 Vehicles

V C Section 31401 Farm Labor Vehicles Regulations Inspections

Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203

State Codes Regarding EmployeeMigrant Housing

Department of Housing and Community Development

Florida Statutes 381008Migrant Labor Camps 64E-14

Florida Department of Health

Migrant Housing Act Chapter 95 Article 19

Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor

FED

CA

FL

NC

Provisions for Farmworker Camps ORS 658705 to 658850

OR

Texas Transportation Code Chapter 647 Motor

Transportation of Migrant Agricultural Workers

Texas Health and Safety CodeDepartment of Housing and

Community Affairs

TX

FARMWORKER HOUSING FARMWORKER TRANSPORTATION

Protections for Farmworker Housing and Transportation

TABLE 17

mdash

mdash

Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health

WA

23

HOUSING HIRED CONTRACT ALL

Farmworkersrsquo Living Arrangements By Employment Type

TABLE 18

NAWS 2005-2009

Rent (not from familygrower)

Home Owner

Free Employer Provided

Paid Employer Provided

Other

48

331431

52

301331

76

12623

24

TRANSPORTATION HIRED CONTRACT ALL

Farmworkersrsquo Transportation Traveling to WorkBy Employment Type

TABLE 19

NAWS 2005-2009

CarRaitero

Ride with OtherWalk

Labor BusOther

5716101052

532011962

304017391

25

Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax

Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits

1 employee at anytime AND wages in excess of $100 in a calendar quarter

CA Unemployment Insurance Code Employment Development Department

5 employees in 20 weeks OR $10000 payroll in a calendar quarter

Florida Statutes and Codes Florida Agency for Workforce Innovation

No state coverage guidelines Follows federal criteria

Employment Security Commis-sion of North Carolina

NC

MANDATES FARMWORKER COVERAGE

COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS

LAWS CODES ampREGULATING DEPARTMENT

Unemployment Insurance Coverage for Farmworkers

TABLE 20

with employer size exemptions

with employer size exemptions

with employer size exemptions

3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter

Texas Unemployment Compensation Act Texas Workforce Commission

FED

CA

FL

OR

WA

TXwith employer

size exemptions

1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years

Washington Laws amp Regulations Employment Security Department

with employer size exemptions

mdash

No state coverage guidelines Follows federal criteria

The Employment Departmentmdash

V UNEMPLOYMENT INSURANCE

26

STATUS HIRED CONTRACT ALL

Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type

TABLE 21

NAWS 2005-2009

Unemployment Insurance

Not InsuredDonrsquot Know

48

484

45

524

23

761

27

VI COLLECTIVE BARGAINING

27

VI COLLECTIVE BARGAINING

28

mdash

mdash

mdash

National Labor Relations Act (NLRA)

California Agricultural Labor Relations Act

Florida State Constitution Section 6

Sections 101001 101003 101052 101053

Revised Washington Code 4180

California Agricultural Labor Relations Board

National Labor Relations Board

NC

PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES

Legal Protections for Farmworker Collective Bargaining

TABLE 22

FED

CA

FL

OR

WA

TX

29

VII FARMWORKERS IN FORCED LABOR

30

-

mdash

mdash

-

-

mdash

31

Hidden Slaves Forced Labor in the US

32

VIII WORKERSrsquo COMPENSATION

All occupations

Laborers and freight stock and material movers by hand

Grounds maintenance workers

Miscellaneous agriculture workers (crop ranch equip operators etc)

Construction laborers

33

74

150

167

183

2009 Fatality Rates for Agricultural Workers and Related Occupational Groups

TABLE 24

OCCUPATIONAL GROUP

FATALITYRATE

33

Comparison of 2009 Illness and Injury Rates on Crop Farms by State

0

1

2

3

4

5

6

7

8

9

CAallcrop

farms

allprivate industry

per

thou

sand

FL NC OR TX WA

FIGURE 2

39

53

5

41

29

4

49

81

34

California Codes

Florida Statutes amp Rules

North Carolina Industrial Commission Rules

CA Department of Industrial Relations

FL Department of Financial Services

North Carolina Industrial Commission

Oregon Consumer and Business Services Department

Texas Department of Insurance

Oregon Administrative Rules

Administrative and Insurance CodeWorkersrsquo Compensation Act

Department of Labor and Industries

Chapter 296-17 WAC

EXEMPTIONS LAWS CODES REGULATING AGENCIES

Workersrsquo Compensation Coverage for Farmworkers

TABLE 25

NC

CA

FL

OR

WA

TX

mdash

mdash

mdash

State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice

34

California Codes

Florida Statutes amp Rules

North Carolina Industrial Commission Rules

CA Department of Industrial Relations

FL Department of Financial Services

North Carolina Industrial Commission

Oregon Consumer and Business Services Department

Texas Department of Insurance

Oregon Administrative Rules

Administrative and Insurance CodeWorkersrsquo Compensation Act

Department of Labor and Industries

Chapter 296-17 WAC

EXEMPTIONS LAWS CODES REGULATING AGENCIES

Workersrsquo Compensation Coverage for Farmworkers

TABLE 25

NC

CA

FL

OR

WA

TX

mdash

mdash

mdash

State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice

35

COVERAGE HIRED CONTRACT ALL

Health Coverage with Current EmployerBy Employment Type

TABLE 26

NAWS 2005-2009

5874

18

33

3864

2

16

5573

16

31

Workers CompensationEmployer pays if sick or

injured ON JOBEmployer pays if sick or

injured OFF JOBFarmworker

employer spouse

36

IX OSHA INSPECTIONS AND VIOLATIONS

37

CA Department of Industrial Relations (CalOSHA)

Federal OSHA

Total Number of Inspections in 2009

Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept

OSHA Inspections and Top Violations on Crop Farms

TABLE 27

NC

Occupational Safety and Health Administration (OSHA)

26

477

5 (included in Federal total

above)

FED

CA

FL

OR

WA

TX

49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010

50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences

(lockouttagout)

equipment for general use

equipment

North Carolina Safety and Health ActNC Department of Labor

49

standards and interpretations

inspection

Washington Industrial Safety and Health Act (WISHA)

Washington Department of Labor and Industries

316

make available a written Chemical

off pesticides and pesticide residues

written respiratory protection program

Oregon Safe Employee Act

Department of Consumer and Business Services (NC OSH)

283housing

program

hand labor work

(pesticide) applications

not available

Federal OSHA none not available

49 50

36

IX OSHA INSPECTIONS AND VIOLATIONS

37

CA Department of Industrial Relations (CalOSHA)

Federal OSHA

Total Number of Inspections in 2009

Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept

OSHA Inspections and Top Violations on Crop Farms

TABLE 27

NC

Occupational Safety and Health Administration (OSHA)

26

477

5 (included in Federal total

above)

FED

CA

FL

OR

WA

TX

49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010

50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences

(lockouttagout)

equipment for general use

equipment

North Carolina Safety and Health ActNC Department of Labor

49

standards and interpretations

inspection

Washington Industrial Safety and Health Act (WISHA)

Washington Department of Labor and Industries

316

make available a written Chemical

off pesticides and pesticide residues

written respiratory protection program

Oregon Safe Employee Act

Department of Consumer and Business Services (NC OSH)

283housing

program

hand labor work

(pesticide) applications

not available

Federal OSHA none not available

49 50

37

CA Department of Industrial Relations (CalOSHA)

Federal OSHA

Total Number of Inspections in 2009

Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept

OSHA Inspections and Top Violations on Crop Farms

TABLE 27

NC

Occupational Safety and Health Administration (OSHA)

26

477

5 (included in Federal total

above)

FED

CA

FL

OR

WA

TX

49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010

50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences

(lockouttagout)

equipment for general use

equipment

North Carolina Safety and Health ActNC Department of Labor

49

standards and interpretations

inspection

Washington Industrial Safety and Health Act (WISHA)

Washington Department of Labor and Industries

316

make available a written Chemical

off pesticides and pesticide residues

written respiratory protection program

Oregon Safe Employee Act

Department of Consumer and Business Services (NC OSH)

283housing

program

hand labor work

(pesticide) applications

not available

Federal OSHA none not available

49 50

38

X HEAT STRESS

Section 5(a)(1) and Section 5(a)(2) of the OSH Act

Occupational Safety and Health Administration (OSHA)

NC

REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS

Legal Protections against Heat Stress

TABLE 28

site

Title 8 - 3395

No State LawsCodes

No State LawsCodes

No State LawsCodes

CA Department of Industrial Relations

Occupational Safety and Health Division NC Department of Labor

site

Oregon Administrative Rules

Oregon OSHA OR Department of Consumer and Business Services

site

Washington Administrative Code

WA Department of Labor and Industries site

site

site

FED

CA

FL

OR

WA

TX

mdash

mdash

mdash

mdash mdash

mdash

39

40

XI PESTICIDE SAFETY AND REGULATIONS

KEY PROVISIONS OFWORKER PROTECTION STANDARD

41

41

42

2005

Central PostingFederal Insecticide Fungicide and

Rodenticide Act

2008

Personal Protective Equipment

Central Posting

2008

-

2008

2005

Central PostingFederal Insecticide Fungicide and

Rodenticide Act

2008

Personal Protective Equipment

Central Posting

2008

-

2008

43

2006 Pesticide Illness amp Injury Surveillance NIOSH

2007 Yes

Yes

Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA

2006 Chemical Disease Surveillance Program

mdash

2008 Pesticide Exposure Surveillance in Texas (PEST) Program -

mdash

Pesticide-Related Illness and Injury Surveillance Program

mdash

mdash

2008 Pesticide Program

7 FarmNursery Occupational cases

Pesticide Analytical Response Center

mdash

NC

EXPOSURES ACCIDENTSMONITORED amp POSTED

MONITORING DEPTS

CHOLINESTERASE MONITORING FORAPPLICATORS

Regulatory Oversight of Agricultural Pesticide Illness amp Injury

TABLE 30

FED

CA

FL

OR

WA

TX

44

ACTIVITY PERCENT TOTAL

Applying

Mixing-Loading

Transport-Disposal

Repair-Maintenance of Equipment

Any Combination Above

Routine Work Not Applying Pesticide

Other or Unknown

28

6

1

2

3

52

8

493

103

19

29

61

912

139

Activity at Time of Pesticide Exposure

TABLE 31 1

All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010

1

45

45

46

CONCLUSION

bull

bull

bull

FEWER PROTECTIONS IN RISKIER EMPLOYMENT

47

COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN

47

COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN

48

A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION

49

50

HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM

1 Highlight the role of farmworkers in the US food system through existing data

51

2 Translate existing farmworker data into accessible and meaningful formats

3 Provide greater consumer choice through local-level data

4 Promote greater accountability in the food-system through consumer choice

5 Foster cross-sector collaboration

52

53

APPENDIX I TECHNICAL NOTES

ldquoNO DATA NO PROBLEMrdquo

I Minimum Wage and Hour Standards

51

2 Translate existing farmworker data into accessible and meaningful formats

3 Provide greater consumer choice through local-level data

4 Promote greater accountability in the food-system through consumer choice

5 Foster cross-sector collaboration

52

53

APPENDIX I TECHNICAL NOTES

ldquoNO DATA NO PROBLEMrdquo

I Minimum Wage and Hour Standards

52

53

APPENDIX I TECHNICAL NOTES

ldquoNO DATA NO PROBLEMrdquo

I Minimum Wage and Hour Standards

53

APPENDIX I TECHNICAL NOTES

ldquoNO DATA NO PROBLEMrdquo

I Minimum Wage and Hour Standards

54

55

II Labor Protections for Children and Youth Farmworkers

III Farm Labor Contractors

56

IV Housing amp Transportation

57

V Unemployment Insurance

VI Collective Bargaining

58

VII Farmworkers in Forced Labor

VIII Workerrsquos Compensation

59

IX OSHA Inspections and Violations

60

X Heat Stress

61

XI Pesticide Safety and Regulations

62

63

64

APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS

FARMWORKER HEALTH

CHILD LABOR

FORCED LABORTRAFFICKING

STATE RESOURCES

California

North Carolina

Oregon

Washington

Texas

Other States