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 23, 2012
FREE
The Occupational Safety and Health Administration (OSHA):
Volume 22, Number 4
What you should know
W
e all have the right to a safe workplace. In 1970, Congress passed a law called the Occupational Safety and Health Act. This law requires that employers provide their employees with working conditions that are free from known hazards. When the law was passed, an administration was created called the Occupational Safety and Health Administration (OSHA), which sets and enforces protective workplace safety and health standards. These standards limit the amount of hazardous chemicals workers can be exposed to, require the use of certain equipment, and require employers to monitor hazards and to keep records of workplace injuries and illnesses. OSHA also provides information and training to workers and employers. As agricultural workers, if there are ten or more employees working for an employer, and these farm workers are not in the immediate family of the
employer, you are protected by this administration. Approximately one half of farmworkers are Hispanic. OSHA requires that employers conduct all required training of workers in a language and vocabulary the workers can understand. Farmworkers are covered by several OSHA standards including Agriculture and General Industry. If you believe there is a serious hazard at your workplace, or that your employer is not following OSHA safety standards, you can ask OSHA to inspect your workplace. The following are regulations that an agricultural employer must follow in order to ensure the safety of farmworkers: n Temporary labor camps must provide shelter, water supply, toilet facilities, lighting, trash disposal, an operating kitchen, dining hall and feeding facilities, insect and rodent control and first aid. n Agricultural employers are required to provide employees who do
hand labor operations in the field with potable drinking water, toilet facilities, and hand-washing facilities (and to maintain these facilities), to inform employees of the importance of practicing good hygiene. n Agricultural employers are required to provide employees with information about the hazardous chemicals, other than pesticides, to which they might be exposed. For more information about these regulations and more, visit: www.osha.gov If you file a complaint against your workplace with OSHA, you can tell OSHA to not let your employer know who filed the complaint. It is a violation of the Act for an employer to fire, demote, transfer or discriminate in any way against a worker for filing a complaint or using other OSHA rights. For more information about your rights, employer standards, and how to file a complaint with OSHA, visit: www.osha.gov/workers.
The Wage and Hour Division: What is it? How does it protect you?
F
ederal Law requires employers to provide all employees a reasonable and fair wage for the hours they work. This law is enforced by the Wage and Hour Division, which was created with the enactment of the Fair Labor Standards Act of 1938. The Wage and Hour Division enforces Federal minimum wage, overtime pay, recordkeeping, and child labor requirements. As agricultural workers, you are protected under The Migrant and Seasonal Agricultural Worker Protection Act (MSPA), enforced by the Wage and Hour Division. The MSPA sets standards for migrant and seasonal agricultural workers regarding wages, and transportation. For migrant farm workers, MSPA also sets standards for housing provided to farm workers. MSPA requires that employers of migrant agricultural workers register with the Federal government, and notify prospective employees of the wages and working conditions before they are hired. MSPA also requires that providers of housing to such workers comply with certain minimum standards for health and safety, and that transportation providers have vehicles that meet certain standards for safety. Under Federal law, farm workers have the following rights regarding the MSPA:
Wages:
Transportation:
n Your employer must pay you for the
n Agricultural employers must assure
hours you worked. In the state of CA, you must be paid a minimum of 8 dollars per hour. n Farm workers must be provided a written statement of earnings and all deductions from pay. n Farm workers must be provided written information about their wages and working conditions in a language they can understand. n If you are told to arrive to work at a specific time, but the work cannot start until later, make sure you are compensated from the time you got to your job site. It is very important that you keep track of ALL the hours you have worked. When you get your paycheck, make sure you have been paid for all time worked, and that all the hours you worked have been recorded on your check.
that vehicles used to transport workers are properly insured, are operated by licensed drivers, and meet federal and state safety standards. Sometimes your crew leaders will charge a fee for transportation. If there is a fee, this amount must be disclosed to you. Also, 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.
Safety and Health: n Farm workers must be provided safe
drinking water, toilets, and hand washing facilities at the job—and at no cost. n Farm workers must be provided a safe workplace. n Migrant farmworkers must be provided with safe housing. For more complete information regarding MSPA and related topics such as the Fair Labor Standards Act (FLSA), minimum wage, overtime, and youth employment provisions, visit the Wage-Hour web site: www.wagehour. dol.gov and/or call the Wage-Hour tollfree help line, available 8 a.m. to 5 p.m. in your time zone, at 1-866-4US-WAGE (1-866-487-9243).
Skin Cancer: Protecting yourself and your family
W
ith more than two million people diagnosed each year, skin cancer is the most common cancer in the United States. While most cases of skin cancer can be successfully treated if found early, the large and growing number of people getting the disease makes skin cancer a serious concern. Those of us who spend most of our working hours in the outdoors are exposed to the harmful effects of the sun more than most people, and while you can’t always choose your hours or your work location, there are steps you can take to protect yourself from the sun’s ultra violet (UV) radiation. Protection from UV radiation is important all year round, not just during the summer months. UV rays can reach your skin on cloudy, hazy days, as well as bright and sunny days. It is important that you take UV radiation and the harm it can cause seriously. The best thing you can do to protect yourself outside is wear a sunscreen with an SPF of 15 or more. The Centers for Disease Control and prevention (CDC) also recommends easy options for protection from the suns rays: n Wear clothing to protect exposed skin n Wear a hat with a wide brim to shade the face, head, ears, and neck n Wear sunglasses that wrap around your head
n Seek shade when you can take a break
from your work
Sunscreen The sun emits three types of ultraviolet radiation; two of these types (UVA and UVB) are what you should be concerned with. A good sunscreen will block both of these radiation types. When choosing a sunscreen, you should also make sure you get one with a minimum of SPF 15. SPF refers to the amount of time you will be protected from a burn. An SPF of 15 will allow a person to stay out in the sun 15 times longer than they normally would be able to without burning. The sun’s UV rays can do damage to your skin in as little as 15 minutes. Make sure you put sunscreen on 30 minutes before you go outside, even if it’s a cloudy or cool day. Sunscreen wears off overtime so it is important to reapply every 2 hours. Also, check the expiration date on your sunscreen; normally sunscreen expires in about 3 years.
Protective Clothing Loose-fitting long-sleeved shirts and long pants made from tightly woven fabric will provide your skin the best prevention from the sun’s rays. Darker colors should be chosen over lighter ones, and make sure to keep
your clothing dry throughout the day. Make sure to wear a hat to protect your face, for better coverage, choose a hat with a wide brim all the way around that will shade your face, ears, and the back of your neck. Avoid straw hats if possible because they will have holes, which will let sunshine through. A tightly woven fabric like canvas is a good choice for a hat. Following these rules is important. Make sure you also check your skin periodically for any changes with moles, growths, and discolorations. For more information about skin cancer, and prevention, visit www.cdc.gov
Voice of the Fields California Circulation: 40,000 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 Editor: Marco Lizarraga Produced with the support of the Employment Development Department Voice of the Fields may be reproduced
Pesticides: How to protect yourself
M
ore than any other sector of society, agricultural workers face the greatest threats from pesticide exposure. Farmworkers, and often their children, are regularly exposed to pesticides in many ways: mixing or applying pesticides; planting, weeding, harvesting, and processing crops; or living near treated fields. Studies have shown that the clothing parents wear home from agricultural work can put their children at risk. Children of farmers and agricultural field workers are at high risk for pesticide exposure, even if they are not directly involved in farming activities related to the pesticides. Young children spend a large portion of their time on the floor or ground and can easily come into direct contact with soil or dust by putting their hands and other objects in their mouths, thereby ingesting contaminated soil or dust.
Exposure to some pesticides, even in small doses, can immediately cause severe effects. Symptoms may include rashes, vomiting, excessive sweating, dizziness, headaches, muscle pains and cramps, eye irritation, and respiratory difficulty. Other effects may include blindness, severe burns, and death. Other pesticides have been linked to long-term effects, such as cancer, birth defects, and damage to the kidneys, liver and nervous system. Because of these risks, it is important for you to know how to protect yourself and your family from being exposed to pesticides: n Wear work clothing that protects your
body from pesticide residues, such as long-sleeved shirts, long pants, shoes, socks, and hats. n Make sure to wear gloves made from nitrile, butyl, or neoprene. Never wear leather or fabric gloves because they absorb pesticides.
n If you’re using gloves more than once,
frequently check them for holes by filling them with water. Dispose of gloves that leak. n Always wash before eating, drinking, chewing gum, or using tobacco, and always use hot water. n Wash yourself immediately in the nearest clean water source if pesticide are spilled or sprayed on your body. As soon as possible, shower, and change into clean clothes. n Keep all clothes with pesticides on them (including underwear) in closed plastic bags. Until you are ready to wash the clothes, keep the bags outside the house. Make sure children and pets cannot get to the bags. n Wash your work clothes separately from other clothes before wearing them again. For more information on pesticide and exposure safety www.cdpr.ca.gov
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 Name of Employer
Job Order Number
Job Title
Pay Rate
Contract Dates
Positions
City of Job
County of Job
Responsible EDD Office
1
West Coast Tomato Growers, LLC
CA12809237
Farm Workers, Tomato
$10.24
5/29/12 12/8/12
100
Oceanside
San Diego
Oceanside (760) 631-6150
2
Stehly Enterprises, Inc.
CA12801462
Farm Workers, Avocado
$10.24
6/1/12 1/1/13
12
Bonsall
San Diego
Oceanside (760) 631-6150
6
ABC Tree Farms
CA12696999
Agricultural Field Workers
$10.24
6/20/12 12/31/12
13
Petaluma
Sonoma
Santa Rosa WS (707) 576-2016
8
Washburn Grove Mgmt., Inc.
CA12656789
Agricultural Field Workers
$10.24
5/20/12 10/31/12
20
Hemet
Riverside
Riverside WS (951) 955-2200
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.