California regulators have cited a Central Valley daycare center owned by Republican Rep. John Duarte and his family for multiple safety violations during the years the incumbent was in charge of the business, records show. Named as.
Founded in 1989 by Duarte, his parents, and his brother, Duarte Nursery is now the largest permanent agricultural production facility in the country. Mr. Duarte served as president of his family-owned business in Stanislaus County from 2008 until 2022, when he won a seat in Congress.
Records show workplace safety regulators have accused the daycare center of safety violations eight times during Duarte’s years as president, including one incident that resulted in the death of an employee, and fined the school $22,220. did.
Duarte Nursery employs hundreds of people for annual and seasonal labor in its extensive greenhouses at its headquarters in Hughson and on-site laboratories. The nursery is known for its grape vines and almond, walnut, and pistachio rootstocks, which are sold to farmers, commercial growers, and retail nurseries.
The race in the agriculturally-rich 13th Congressional District is a bitter rematch from 2022, when Duarte defeated Democrat Adam Gray by 564 votes, the second-closest margin in the nation. The race is one of a handful nationwide seen as crucial in determining which party controls Congress after the Nov. 5 election.
Farming can be dangerous, but the nursery has had injury rates over the past 10 years that are below industry averages and lower than other companies, said Duane DiChiara, a consultant for Duarte’s campaign.
“We’re proud of our safety record,” DiChiara said.
Mr. Duarte rose to prominence in a years-long legal battle over the cultivation of fields in Tehama County, where federal authorities claimed the wetlands were protected. The incident ultimately caused by Duarte Settled for $1.1 millionmaking him a national symbol in conservatives’ fight against government overreach.
In 2010, when Duarte was president of the nursery school’s board, he told the Modesto Bee: one of the biggest hurdles Central Valley farmers face too many regulations from state and federal agencies.
“I don’t want air quality regulators, water quality regulators, OSHA regulators,” Duarte said. “We don’t need different bureaucracies in the state with their own Ford Taurus fleets and inspectors.”
Agriculture is one of this country’s most dangerous industryAccording to the Bureau of Labor Statistics. Despite the huge number of injured, experts say these numbers are probably still an underestimate. of Main cause Transportation accidents are the most common cause of farm worker fatalities, and the leading causes of non-fatal injuries are equipment, falls and trips, and overexertion.
At Duarte Nursery School, workplace safety regulators charged two accidents and three inspection-related violations between 2012 and 2021, records show.
on a warm June day in 2013Records show that the man, who was working as an irrigator, began sweating profusely and complained of chest pain and difficulty breathing. The man was taken to the hospital, where he was pronounced dead.
The daycare center was fined $5,000 after the employee’s death. The OSHA lawsuit, filed 12 days after the fatal accident, said the daycare center violated a law that requires employers to immediately report deaths and serious injuries.
A few months later, a temporary worker hired by a temporary employment agency collapsed and passed out while pouring concrete for the foundation of a new greenhouse. OSHA records.
After co-workers performed CPR, the employee was admitted to the intensive care unit of a hospital in Turlock, according to the report. State workplace safety officials did not cite the daycare’s violations or issue any fines.
And in 2019, a report said nine workers fell ill while working in a greenhouse to remove unwanted buds from grape vines. OSHA Report. The employees were treated for heat stroke, but when their symptoms did not improve, they were taken to a hospital for treatment for carbon monoxide exposure, the report said.
OSHA inspectors found the daycare had serious safety violations and cited a law that requires employers to monitor the levels of pollutants in the air, records show. The daycare center was later fined $3,375.
California lawmakers passed a bill this year that would make it easier for farmworkers to receive workers’ compensation benefits if they claim heat exhaustion on the job. Gov. Gavin Newsom vetoed the bill in September, saying CalOSHA, not workers’ compensation, should determine workplace safety rules.
The daycare center has also been in a nearly 10-year legal battle in Stanislaus County Court with a group of former employees who say the daycare center paid them less than they were owed.
The day care center “routinely” required employees to work more than five hours without consecutive 30-minute meal breaks, but the full lunch breaks were deducted from their paychecks, according to the complaint. The lawsuit also alleged that the daycare center failed to provide 10 minutes of paid break time for every four hours worked.
Plaintiffs alleged that Mr. Duarte was one of the company’s key decision makers.
Ms Duarte told the court that she was responsible for everything that happened at the nursery. However, they were not responsible for day-to-day management of workers, such as hiring, setting schedules, or overseeing break times.
Mr. Duarte was dismissed from the case four years ago. Stanislaus County Superior Court Judge Stacey P. Speller wrote that the plaintiffs had not proven that Mr. Duarte was involved in “detailed decisions regarding when the breaks began and ended.” Mr. Duarte’s dismissal supported By the California Fifth District Court of Appeal in 2022.
Workers at the Duarte nursery have also filed nearly 40 workers’ compensation claims during the years Duarte was president, including about 150 reported injuries. Most people reported injuries to the lower back, hands, shoulders, neck, and knees associated with repetitive agricultural work involving bending, carrying, and lifting.
A worker who developed an infection after getting stuck in his hand that required two surgeries, a worker who suffered permanent back pain after being hit from behind by a golf cart on his way to the bathroom, and more. Some had harrowing stories. .
In Congress, Mr. Duarte has tried to find compromises on immigration policies that take into account the Central Valley’s constant need for immigrant workers for its multibillion-dollar agricultural industry. Like many farms in the Central Valley, Duarte Nursery relies heavily on immigrant labor.
Mr. Duarte has avoided echoing President Trump’s message on immigration, which has focused on mass deportations of immigrants within the country. Last year, he was one of two Republicans to vote no. republican border bill That would have required the Department of Homeland Security to restart construction of the U.S.-Mexico border wall.
Duarte said at the time that he opposed the bill because it would require employers to use the federal government’s electronic verification system to verify whether employees are legally eligible to work.
Duarte wrote that the requirement would impose “extensive, expensive and burdensome red tape” that would “impose significant costs on our working families and small businesses.” Modesto Bee Editorial. “I understand that my vote is unpopular among some Republicans.”
Mr. Duarte is dignity lawno vote was called for in the House. The bill would create a path to permanent residency for immigrants known as Dreamers who came to the U.S. illegally as children and agricultural workers without legal status.
Duarte said in Fresno County in August. working on legislation It would grant amnesty and eventually access to green cards to undocumented immigrants with no criminal records who have worked in the country for five years or have American spouses or children. But border security must be a top priority, he said.
