Farm Workers Face Ongoing Heat Risks in California

Knights Landing – It may have been just before noon, but the temperature was nearing the triple digits, adding to the discomfort for numerous farm workers spread across the rows of watermelon plants by the Sacramento River, not too far from California’s capital. Clad in long-sleeve shirts, pants, and face coverings, they kept their skin shaded from the sun. These workers were often seen bending down to remove flowers from each plant.

Jose Chavez, their supervisor, mentioned that he’s keeping a close eye on the dangers of heat-related illnesses. He said he’s learned hard lessons after needing to call an ambulance in previous summers.

“We learned from that,” he noted. “When you take people to the hospital, it’s not a happy situation.”

But, despite these lessons, many employers seem to overlook them. Even two decades after California introduced its pivotal heat safety law, farm workers throughout the state are still becoming ill and, in some tragic cases, losing their lives due to heat-related issues. Advocates and selected legislators argue that weak enforcement is often the root cause of these ongoing problems.

The former state senator from San Jose, who sponsored related legislation last year, expressed concern: the law isn’t working as intended. “Too many people are still dying,” he stated after the governor rejected a recent proposal aimed at strengthening protections.

Last month, a report from California auditors revealed that the state’s workplace safety agency, CAL/OSHA, lacked the resources and necessary action when workers reported experiencing heat-related illnesses. It was noted that many inspectors were either understaffed or working with outdated protocols.

Furthermore, an analysis of recent fatalities due to heat exposure found that CAL/OSHA had often issued little or no penalties, even in cases of death. For instance, in May 2023, a worker collapsed while harvesting corn and, despite being rushed to a hospital, ultimately died from heat stroke and other complications. Records indicate that the investigation ended without any repercussions for the employer.

In a response to the auditors’ findings, Daniel Lopez, a deputy director at CAL/OSHA, stated that they acknowledge the recommendations and are striving to make necessary improvements. He added that a new enforcement task force had been established to enhance conditions for farm workers.

However, enforcement can be tricky, especially when many farm workers, who often lack legal status, hesitate to voice their concerns for fear of deportation. Research suggests that over half of California’s roughly 350,000 farm workers are undocumented.

This summer, as temperatures peak, the environment becomes increasingly perilous for these workers. Reports indicate that heightened immigration enforcement measures under the Trump administration have made many even more reluctant to advocate for their rights.

Teresa Lomero, chair of the United Farm Workers Union, remarked that many laborers are still missing the thermal safety protections they are entitled to. “The system for preventing heat illness is failing,” she concluded.

California’s pioneering heat regulation came into effect in August 2005, where the previous governor highlighted the importance of such laws after multiple farm workers succumbed to heat stroke. Notably, this was the first law of its kind in the nation, mandating employers to provide fresh water, shade, and a comprehensive heat illness prevention plan that’s well communicated to workers.

Still, the law hasn’t solved everything. In 2009, civil rights groups and labor organizations filed a lawsuit stating that CAL/OSHA was not enforcing the regulations adequately, and since then, there have been additional legal complaints concerning the agency’s enforcement failures.

In 2015, California settled multiple lawsuits and aimed to focus more on addressing reported heat safety violations. Yet, climate change has continued to exacerbate conditions with increasing frequency and intensity of heat waves. Reports indicate that many workers remain unprotected—43% of over 1,200 surveyed stated their employers did not provide a heat illness prevention plan.

Last year, CAL/OSHA inspections reportedly dropped by 30% from 2017 to 2023, with violations decreasing by over 40%. Representative Liz Ortega expressed her outrage about the “dangerous and illegal” working conditions on many farms, insisting that excuses for inaction are no longer acceptable.

This year, MP Dawn Addis proposed new legislation to provide further protection for farm workers, echoing one that was previously rejected by the governor. This bill, although facing opposition from agricultural interests, was passed by Congress but fell short in the legislative process.

As California experiences another heat wave, workers at the watermelon fields near Knights Landing have adjusted their schedules, starting work early at 6 AM to avoid the worst of the heat. They are thankful for water stations and shaded areas set up to help them cope.

Chavez shared, thankfully they haven’t seen workers suffering from heat stress this year, “So far, so good,” he remarked appreciatively.