Workers’ Rights and Wildfires
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OVID-19 BROUGHT WITH IT dangerous conditions for farmworkers across California. As workers live and work in close quarters, the likelihood of spreading coronavirus increases for their communities across the state. In addition to these concerns, agricultural workers now have to battle the challenges brought by wildfire season and harmful, smoke-filled air.
Recent news reports revealed that many California farmworkers are not being provided with the materials necessary to safely work, according to regulations instituted by the California Occupational Safety and Health Standards Board (Cal/OSHA). One farmworking woman, Antonia, explained that her employers only offered workers drinking water, and did not provide any masks, gloves, or other protective equipment which is a violation of the current laws. As a result, an advocate filed an official complaint on Antonia’s behalf with Cal/OSHA. Cal/OSHA also commented that it’s investigating multiple complaints by California farmworkers, claiming that employers are not providing safe conditions or equipment necessary to comply with state laws. In 2019, Cal/OSHA passed a regulation that required employers to provide outdoor workers exposed to wildfire smoke with N95 masks to prevent smoke inhalation and health problems. The regulation also requires that employers test the Air Quality Index at the beginning of each shift in areas exposed to a wildfire. If numbers reach an unsafe level, employers are required to do at least one of three things: relocate work to a safer outdoor location, provide an indoor location with clean air, or provide N95 masks if neither of those options are available. Employers are also required to provide employee trainings on the risks of wildfire smoke, how to use a respirator, and employee rights outlined in the regulation. At the time that this regulation was passed, N95 masks were in abundant supply and relatively inexpensive. The pandemic has changed all of that. N95 masks went from roughly 75 cents per mask to at least $6 per mask, and healthcare workers
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are also in desperate need of them to prevent contracting COVID-19. As more masks are mass produced and distributed throughout the United States, Cal/OSHA expects that farmworkers will have greater access to them in the middle of wildfire season. As an essential worker, you have the right to a safe work environment, especially in the age of coronavirus and unprecedented wildfires. If you suspect that your employer is violating safety requirements like not enforcing social distancing, mask wearing, protective equipment, or proper sanitation, consult the CDC’s guidance for agricultural workers and employers. The CDC and the U.S. Department of Labor recently put together interim guidance for agriculture workers and employers. The guide includes information about exposure risks for farmworkers, hygiene and sanitation recommendations, worker housing recommendations, personal protective equipment requirements, etc. English: www.cdc.gov/ coronavirus/2019-ncov/community/guidance-agricultural-workers.html Spanish: espanol.cdc.gov/coronavirus/2019-ncov/community/guidance-agricultural-workers.html If you suspect that your employer is not following Cal/ OSHA health and safety requirements, workers can file a confidential complaint via telephone or email with the local Cal/OSHA district office. You can find your local office’s contact information and complaint instructions online in English or Spanish. English: www.dir.ca.gov/dosh/Complaint.htm. Spanish: www.dir.ca.gov/dosh/Spanish/ Complaint.htm. Employees with work-related questions or complaints can also contact Department of Industrial Relation’s Call Center in English or Spanish at 844-LABOR-DIR (844522-6734).
