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
March 22, 2011
FREE
Volume 21, Number 3
Agricultural Workers Rights
C
alifornia law requires employers to provide all employees a safe and healthy working environment regardless of the industry in which they work. Agricultural workers have additional rights due to the nature of the work that they perform. All agricultural workers have legal rights regardless of their immigration status.
Under California law, your employer must provide: n
Training about health and safety, including information on pesticides and other chemicals. n Potable drinking water, suitably cool and in sufficient amounts—dispensed in single- use drinking cups or by fountains, located so as to be readily accessible to all employees. n One toilet and handwashing facility for each 20 employees of each sex, located within a quarter mile walk, or if not feasible, at the closest point of vehicular access. As an alternative to providing the required toilet and handwashing facilities themselves, employers may transport employees conducting hand-labor operations to toilet and handwashing facilities under either of the following circumstances: • When employees perform field work for a period of less than two hours (including time spent traveling to and from the field), or
• When fewer than five employees
in the establishment are engaged in hand-labor operations on any given day. Pre-moistened towelettes cannot be substituted for handwashing facilities. n Maintenance in accordance with public health sanitation practices, including: upkeep of water quality through daily change or as often as needed; toilets kept clean, sanitary, and operational; handwashing facilities refilled with potable water as necessary, and kept clean and sanitary; and the prevention of any unsanitary conditions through waste disposal.
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Opportunity for reasonable use, through notification of each employee by the employer of the location of the water and the facilities, and the allowance of reasonable opportunities during the workday to use them. The employer also must inform the
employee of the relevant health hazards in the field and the practices necessary to minimize exposure to them. n Payment for emergency care and transportation if you get hurt or sick because of your job. You may also be entitled to lost wages. n At least the minimum wage, $7.25 per hour. In some cases, employers can pay 85% of the minimum wage during your first 160 hours, if you have no previous similar experience. Call toll-free (888) 275-9243 for more information. Employers that are violating these worker rights are subject to fines. The Cal/ OSHA enforcement unit has jurisdiction over all employers in California. To report an injury or workplace violation, you can contact the local Cal/OSHA Enforcement Unit Office closest to you by accessing local office listings at www.dir.ca.gov/ dosh/DistrictOffices.htm or you can submit a form online at www.dir.ca.gov/ dosh/enforcementpage.htm. You also have a right to: n Report health and safety problems. n Work without racial or sexual harassment. n Refuse to work if the job is immediately dangerous to your life or health. n Join or organize a union. Continued on next page