La Voz Del Campo - May 2019 - English

FA R M L A B O R I N F O R M AT I O N B U L L E T I N

Voice of the Fields California

May 2019

FREE

Protect Yourself from Heat-Related Illness

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s we approach the hot summer months, it is important that you take precautions against heat-related illnesses, especially when working outdoors. The State of California has some very strong laws in place to ensure that workers who are exposed to extreme heat or work in hot environments are not placed at risk of succumbing to heat stress and they have made protecting outdoor workers from heat-related illnesses a top priority.

The California Division of Occupational Safety and Health (Cal-OSHA) is responsible for making sure employers follow California’s heat illness prevention laws.

Heat illness can be deadly but it is preventable. Heat stress can bring on heat stroke, heat exhaustion, heat cramps, and/or heat rashes.

If you perform physical work in hot conditions, you need to use water, rest and shade to avoid overheating. Watch for symptoms of heat illness in yourself and in co-workers to avoid serious health problems.

Prevention takes planning and workers need to know who to alert in case of heat illness before starting work each day. Employers and supervisors must provide training to workers to ensure they understand what heat stress is, how it affects their health and safety, and how it can be prevented.

The Cal-OSHA Heat Prevention Standard requires employers to provide and place water close to workers,

provide shade that would shelter all workers, and in cases of high heat, provide 10-minute breaks for every two hours of work.

By staying alert to the weather and making heat safety a part of the job, employers can ensure that workers feel stronger and stay healthy in the workplace.

Below are some highlights of the CalOSHA Heat Prevention Standard: n Water must be “fresh, pure, suitably cool” and located as close as practicable to where employees are working. n Shade must be provided when temperatures reach 80 degrees and it must be sufficient to accommodate all employees on rest and meal breaks. n Employers must observe and monitor

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California employers are required to take these four steps to prevent heat illness: 1 Training Train all employees and supervisors about heat illness prevention.

2 Water Provide enough fresh water so that each employee can drink at least 1 quart per hour, or four 8 ounce glasses, of water per hour, and encourage them to do so.

3 Shade Provide access to shade and encourage employees to take a cooldown rest in the shade for at least 5 minutes. They should not wait until they feel sick to cool down.

4 Planning Develop and implement written procedures for complying with the Cal/OSHA Heat Illness Prevention Standard.

employees taking a “preventative cool down rest” for symptoms of heat illness.

Employers must encourage employees to remain in the shade and may not order employees back to work until symptoms are gone. Employees with symptoms must be provided appropriate first aid or emergency response. n Employers in certain industries must Continued on page 3

Symptoms of Heat Illness

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n the event that the previously mentioned preventative measures should fail to protect workers, it remains critical to be able to recognize the symptoms of heat illnesses and how to treat them.

Heat Stroke

Heat stroke is the most serious heatrelated disorder. It occurs when the body is no longer able to maintain a healthy temperature. During a heat stroke the body’s temperature rises rapidly, the sweating mechanism fails, and the body is unable to cool down.

When heat stroke occurs, a person’s body temperature can rise to 106 degrees Fahrenheit or higher within 10 to 15 minutes. Heat stroke can cause death or permanent disability if emergency treatment is not given.

Symptoms

Symptoms of heat stroke include: n Hot, dry skin or profuse sweating n Hallucinations n Chills n Throbbing headache n High body temperature n Confusion/dizziness n Slurred speech

First Aid

Take the following steps to treat a worker with heat stroke: n Call 911 and notify their supervisor n Move the sick worker to a cool shaded area n Cool the worker using methods such as: • Soaking their clothes with water • Spraying, sponging, or showering them with water

• Fanning their body

Heat Exhaustion

Heat exhaustion is the body’s response to an excessive loss of water and salt, usually through excessive sweating. Workers most prone to heat exhaustion are those that are

elderly, have high blood pressure, and those working in a hot environment.

Symptoms

Symptoms of heat exhaustion include: n Heavy sweating

n Extreme weakness or fatigue n

Dizziness, confusion

n Nausea

n Clammy, moist skin

n Pale or flushed complexion n Muscle cramps

n Slightly elevated body temperature n

Fast and shallow breathing

First Aid

Treat a worker suffering from heat exhaustion with the following: n Have them rest in a cool, shaded or airconditioned area n Have them drink plenty of water or other cool, nonalcoholic beverages n Have them take a cool shower, bath, or sponge bath

Heat Cramps

Heat cramps typically affect workers who sweat heavily during strenuous activity. Heavy sweating depletes essential salt and moisture from the body, causing painful muscle cramps. Heat cramps may also be a symptom of heat exhaustion.

Symptoms

Symptoms of heat cramps include: n Muscle pain or spasms usually in the abdomen, arms, or legs

First Aid

Workers with heat cramps should: n Stop all activity, and sit in a cool place

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Drink clear juice or a sports beverage n Do not return to strenuous work for a few hours after the cramps subside because further exertion may lead to heat exhaustion or heat stroke n Seek medical attention if any of the following apply: • The worker has heart problems • The worker is on a low-sodium diet • The cramps do not subside within one hour

Heat Illness Prevention Recommendations For Workers

Workers should avoid exposure to extreme heat, strong sunlight, and high humidity when possible. When these exposures cannot be avoided, workers should take the following steps to prevent heat stress: n Wear light-colored, loose-fitting, breathable clothing such as cotton n Avoid non-breathing synthetic clothing n Gradually build up to heavy work n Schedule heavy work during the coolest parts of day n Take more breaks in extreme heat and humidity n Take breaks in the shade or a cool area when possible n Drink water frequently. Drink enough water that you never become thirsty. Approximately 1 cup every 15-20 minutes. n Avoid alcohol, and drinks with large amounts of caffeine or sugar n Be aware that protective clothing or personal protective equipment may increase the risk of heat stress n Monitor your physical condition and that of your coworkers Sources for all articles: Cal-OSHA; 99Calor.org; Centers for Disease and Control Prevention

Heat Illness Continued from page 1 institute high-heat procedures if the temperature reaches or exceeds 95 degrees Fahrenheit. Such procedures must ensure effective observation and monitoring.

Employers must conduct pre-shift meetings that include a review of the high-heat procedures, encourage employees to drink water, and remind employees of their right to take cool down rest periods. n Emergency response procedures must include effective communication, appropriate response to signs and symptoms of heat illness, and procedures for contacting emergency responders to help stricken workers.

Heat Safety Tips

How to Report a Problem to Cal/Osha

If your employer does not provide water, rest, shade or training as required by LAW:

You have a right to make a complaint to Cal/OSHA, the agency in charge of making sure that workplaces are safe for all workers. Cal/OSHA will investigate if you and other workers are in danger of heat illness or death and will not ask you about your immigration status. n Call the Cal/OSHA Heat Helpline: 1-877-99-CALOR or 1-877-992-2567. Your call is confidential. n Call, fax a complaint and/or go in person to your local Cal/OSHA office. To find your local office: • Call 1-866-924-9757 (enter your zip code to find the closest office) • Visit www.99CALOR.org n To find a complaint form online, in Spanish, visit: www.dir.ca.gov/dosh/CompFormSpaHeat. pdf You can contact Cal/OSHA directly, or a community organization can assist you. Community organizations include unions, worker centers, churches and other local groups.

If you call Cal/OSHA to make a complaint on the weekend, tell them that the problem is serious and cannot wait until Monday. Write down the name and telephone number of the person you speak with so you can call back the next day to find out what Cal/OSHA will do about your complaint.

It is illegal for your employer to fire or punish you for reporting or making a complaint about heat or other unsafe working conditions.

n Drink Water Often n Rest in the Shade n Report Heat Symptoms Early n Know What to Do in an Emergency n Employers Must Train Workers about Heat Safety and Provide Water, Rest, and Shade.

Date/Time

Location/Event

Date/Time

Event/Location

n Acclimatization procedures include the

Friday June 14

Madera, Atwater, Livingston Field outreach to promote CVOC services, farmworker safety and TOU energy.

Tuesday June 4 9:00 am

California Rural Legal Assistance presentation: heat stress CET – El Centro 294 S. 3rd Street El Centro, CA 92243

Friday June 21

Turlock, Hughson, Waterford, Denair Field outreach, delivering bottle waters and CVOC informational flyers to farmworkers.

Tuesday June 11 10:00 am to 1:00 pm

Open House and Tacos & Tours @ CET Colton 1099 N. Pepper Avenue Colton, CA

Friday June 21

Chowchilla, Merced, Planada Field outreach to promote CVOC services, farmworker safety and TOU energy.

Wednesday June 12 1:30 am to 4:30 pm

Welding Like a Girl Workshop 1099 N. Pepper Avenue Colton, CA

Wednesday June 26 10:30 am

Winton Farmworker safety/heat education workshop.

Thursday June 13 10:00 am to 12:00 pm

Open House 701 Vine Street San Jose, CA 95110 408-534-5360.

Friday June 28

Patterson, Newman, Westley, Grayson Field outreach, delivering bottle waters and CVOC informational flyers to farmworkers.

observation of all employees during a heat wave and close observation of new employees during their first two weeks on the job. n In addition to previously required content, training programs must include content regarding: (1) the employer’s responsibility to provide water, shade, cool-down rests, and access to first aid; (2) an employee’s right to exercise his or her rights under the standard without retaliation; (3) acclimatization; and (4) appropriate first aid and/or emergency response.

Find the complete guide to heat illness prevention at www.99Calor.org. 99Calor is Cal-OSHA’s public awareness campaign to protect California’s outdoor workers from heat illness.

Don’t wait! Contact Cal/OSHA IMMEDIATELY if you are in danger of heat illness.

June CVOC Events

Contact Lucio Cruz: 209-357-0062

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June CET Events

Wednesday June 26 10 am & 4pm

Farmworker Rights in California

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s employees working in the State of California, agricultural workers are entitled to certain rights that are protected by law. These rights are protected under the federal Migrant and Seasonal Farmworkers Protection Act, which was enacted by Congress in 1970. The Act requires that employers provide their employees with working conditions that are safe and free of health hazards.

There are two agencies in California that

protect workers’ rights: the Wage and Hour Division, and the Occupational Safety and Health Administration (OSHA – Cal/ OSHA in California). The Wage and Hour Division oversees worker rights regarding employee pay and worker transportation, while Cal/ OSHA makes sure employers are following rules about health and safety at the workplace.

What are the rights of Farmworkers in California?

To help us understand which agencies enforce which rights, the information following is divided into two sections: the first are the rights enforced by the Wage and Hour Division, and the second section, by Cal/ OSHA. Having them broken up into two sections will make it easier to know who to contact if you encounter a violation at your jobsite. In addition, you will also find some helpful tips provided by OSHA and the Wage and Hour Division that you might want to keep in mind.

Farm worker rights enforced by Wage and Hour Division Employees have the right to information: When recruited for a new job, employees must receive correct information about the wages and working conditions they will experience in writing and in a language the employee understands.

Employees have the right to be paid: Employers must pay employees on time and provide their workers with itemized statements of earnings or deductions for each pay

period. Agricultural employers must pay their workers for all hours worked. Here in the State of California, employees must be paid a minimum of $8.00 per hour for all hours worked. For example, if an employee is told to report to a jobsite at a certain time, but work is postponed, the worker needs to make sure they are paid for ALL HOURS, starting from the time they arrived at the jobsite.

Smart Tip: To be sure your employer is following the law, it is very important that you keep track of all hours you have worked.

When you get your paycheck, make sure you have been paid for all the time you worked, and that ALL the hours you worked have been recorded on your check.

Employees have the right to safe transportation: If an employer is providing an employee with transportation to a jobsite, the vehicle used must be properly insured and operated by a licensed driver. The vehicle must also meet federal and safety standards (seatbelts, airbags, etc.). Sometimes

Filing a complaint with the Wage and Hour Division:

If any of the above rights and requirements are not provided by an employer, an employee should call the Wage and Hour Division. Once an operator is reached, they will be able to put an employee in contact with an office who will respond to the complaint. Call the Wage and Hour Division’s toll-free help line, available from 8am to 5pm, in your time zone, at 1-866-4USWAGE or 1-866-487-9243. Spanish and English options are available.

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crew leaders will charge a fee for transportation. If there is a fee, it must be made known to the employee before it is deducted from their pay.

Smart Tip: If the vehicle is unsafe, uninsured, or the driver is unlicensed, you should not pay a transportation fee, and you should report the violations to the Wage and Hour Division.

Farm worker rights enforced by Cal/OSHA

The following are farmworker rights and regulations that agricultural employers must provide to their employees in order to ensure the safety and health of farm workers: Employees have the right to breaks: Farm work is often completed in the sun, which can make it extremely hot. In order to keep workers safe from heat exhaustion and other heat related illnesses, OSHA enforces rules about breaks that agricultural employers must follow. As the temperature gets hotter outside, employees have the right to a 15-minute resting break in the shade each hour to keep their bodies cool and safe from heat illnesses. It is important to make sure that employers are providing SHADE for their employees’ breaks.

Smart Tip: In addition to providing employees with frequent breaks in the shade, employers should be scheduling work so that their employees are doing the hardest jobs during the coolest times of the day (early morning).

Employees have the right to safe housing: For seasonal work, some farm workers rely on employer-provided temporary labor camps for housing. In these situations, the labor camps must provide shelter (meaning protection from outside elements with strong walls and a ceiling), a clean water supply for drinking, working toilet facilities, lighting, trash disposal, an operating kitchen

(refrigerator, cooking appliances, sink), dining hall and feeding facilities, insect and rodent control and first aid.

Employees have the right to potable drinking water: When there are workers in the fields, agricultural employers are required to provide their employees with potable drinking water (this means that the water meets the U.S. Environmental Protection Agency’s National Primary Drinking Water Regulations). The water must be clean and safe for drinking. A water source must be provided and placed in locations readily accessible to all employees. The drinking water provided should be cool, and there should be sufficient amounts to meet the needs of all employees. Additionally, the water should be given out in single-use drinking cups or by drinking fountains. The use of shared drinking cups or “scoops” is prohibited.

Smart Tip: According to OSHA’s website, when the temperatures increase outside, farm working employees should be drinking a cup of cool water every fifteen minutes. Employees should drink water throughout the day, even when they are not thirsty, to protect themselves from the heat, and it is best to drink smaller amounts of water at each water break rather than one large amount of water.

See the section on preventing heat-related illnesses earlier in this newsletter.

Employees have the right to well-maintained toilet facilities and hand washing facilities: The employer provided toilets may be fixed to the ground or portable.

There should be one toilet and hand washing facility provided for each twenty employees. The toilet facilities provided to workers should be private with doors that close and lock from the inside, and these toilet and hand washing facilities need to be easy to get to and very close to each other.

The hand washing facilities provided to employees should have an adequate supply of water, soap and single-use towels.

Employees have the right to training about the importance of practicing good hygiene: Employers must provide their workers with information on the importance of good hygiene practices to minimize diseases and pesticide exposure. These include information about hand washing and removing pesticide-contaminated clothing.

The Importance of Shade, Water & Rest

OSHA is making a point to inform employers about the importance of providing their workers with rest, shade and water during the hot summer months. See the section on preventing heat-related illnesses earlier in this newsletter.

Other Rights

Among the other rights that may apply to you under federal law, workers also have a right to: n Be provided required safety gear, such as gloves or a harness for falls n Work on machines that are safe n Be protected from toxic chemicals n Report an injury or illness, and get copies of your medical records n See copies of the workplace injury and illness log n Review records of work-related injuries and illnesses

Filing a complaint

As mentioned in the article on heat-related illness, if your employer does not provide water, rest or shade, or any of the other rights listed above, as REQUIRED by law, workers have the right to make a complaint to OSHA. OSHA will investigate if a complaint is made about any workers being in danger of illness or death.

It is illegal for your employer to fire or punish you for reporting or making a complaint about heat or other unsafe working conditions.

Workers can contact OSHA directly to file a complaint, or a community organization can assist in filing the complaint. Community

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organizations that can assist include worker centers, churches and other local groups.

If a worker needs to file a more general complaint about any safety or health related employer violation, they can call or visit a local OSHA office. The address and phone number for each office can be found by calling 1-800321-OSHA (6742) and follow the prompt for “make a complaint” (enter your zip code when asked to find the closest OSHA office). Employees can call this number for any safety or health complaints, including complaints about not enough breaks, shade or water.

OSHA will respond quickly if the employee can provide the following information: n The name of the employer or company and the kind of work being done. n Where the job is located – this is important for OSHA to find the workplace. n The problem – no water, rest, toilet, shade or training about staying safe on the jobsite – give OSHA as many details as possible about the problem. n The number of workers at the site and what language they speak. n The hours of work and how long the work will continue at that location n The employee’s name (your name)– OSHA will not tell an employer who called, and employees are not required to give their name if they don’t want to.

After filing a complaint with OSHA, inspectors will come to a worksite if they believe an employer is violating worker health and safety standards or workers are in danger of heat illness or death. They will ask the workers and employers questions to find out more about the problems. Employees have the right to talk with an inspector in private. If an employee would like a private meeting, they should get the inspectors phone number and talk when not at work. When speaking with an OSHA inspector, employees need to make sure to tell the inspector about any problems and any changes that are needed to protect workers’ health and safety.

EDDResources Resources EDD

www.edd.ca.gov The CHD Lodi WorkNet Center The CHD Lodi WorkNet Center

Is inviting you to our monthly Farmworkers /Community Invitites you to our monthly Meeting on Farmworkers /Community Meeting June 26, 2019 at 6:00 PM at 631 E. Oak Street Lodi, CA 95240 209-331-2081 The CHD Lodi WorkNet Center

June 26, 2019; 6:00 PM 631 E. Oak Street, Lodi, CA 95240 209-331-2081

inviting to our monthly /Community KeyIs Speaker fromyou California Rural Farmworkers Legal Assistance Migrant Unit Meeting Rita Vado – Community Outreach Worker on Presents: June 26, 2019 at 6:00 PM at 631Heat E. OakStress Street Lodi, CA 95240 Prevention 209-331-2081

Keynote Speaker: Rita Vado

Community Outreach Worker, California Rural Legal Migrant Key Speaker from California Rural Assistance Legal Assistance Migrant Unit Unit Rita Vado – Community Outreach Worker Presents: Presenting:

Stress Prevention HeatHeat Stress Prevention

Workforce Services AJCC Locator .............. 1-877-872-5627 CalJOBSSM ........................ 1-800-758-0398 Monitor Advocate, Report work related complaints......................1-866-289-8356 e-mail:..................madvocat@edd.ca.gov Unemployment Insurance English: ...........................1-800-300-5616 Spanish: ..........................1-800-326-8937 Disability Insurance English: .......................... 1-800-480-3287 Spanish: ..........................1-866-658-8846 Paid Family Leave English: .......................... 1-877-238-4373 Spanish: ......................... 1-877-379-3819 Ask EDD Request EDD information online: ....................................... askedd.edd.ca.gov

Voice of the Fields California Circulation: 45,000 copies

www.LaCooperativa.org Published monthly by: La Cooperativa Campesina de California 1107 9th Street, Suite 420, Sacramento, CA 95814 Phone 916.388.2220 • Fax 916.388.2425 This product was funded by the U.S. Department of Labor’s Employment and Training Administration.

The opinions expressed in this product are exclusive of the authors and does not necessarily reflect the official position of the U.S. Department of Labor. This product is copyrighted by the institution that created it. Internal use by an organization and/ or personal use by an individual for non-commercial purposes is permissible. All other uses require the prior authorization of the copyright owner.

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Agricultural Jobs available to U.S. workers under H-2A contract

You may apply for these jobs by phone or in person at your nearest Employment Development Department (EDD) field office CalJOBS Job Start End Last Day County Commodity Activity AJCC Phone Number Openings Date Date to Apply 16508093 119 05/15/19 08/25/19 07/05/19 Fresno Onions Harvest Workforce Connection (559) 230-3600 - Manchester Center Mall 16547327 72 06/01/19 08/10/19 07/06/19 Riverside Melon Harvest, General Blythe AJCC (760) 640-3144 Labor, CalVan Driver 16570823 41 06/16/19 08/04/19 07/10/19 Kern Bell pepper Harvesters, QC Bakersfield (661) 325-4473 Puncher, Forklift Driver, CalVan Driver 16551055 67 06/01/19 08/25/19 07/13/19 Fresno Onion Harvest Fresno AJCC (559) 230-3600 16531161 54 06/01/19 08/25/19 07/13/19 Fresno Onions Harvesting, Workforce Connection (559) 230-3600 weeding - Manchester Center Mall 16556616 29 05/11/19 09/26/19 07/19/19 San Luis Fava Beans, Havesting, AJCC - San Luis (805) 903-1400 Obispo Peas, planting, Obispo Zuchinni cultivating, picking The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. The H-2A employers must demonstrate that qualified U.S. workers are not available for the job and the employment of temporary foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed. Preference in hiring will be given to qualified U.S. workers before employers are allowed to bring in foreign workers under the program.

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