Heat-related deaths persist among farmworkers, two decades after California's commitment to safeguard them from illness due to soaring temperatures.
California, a pioneer in protecting farmworkers from heat-related illnesses, has faced challenges in enforcing its heat safety laws effectively over the past two decades. The California Department of Occupational Health and Safety (Cal/OSHA) has been hampered by understaffing, inconsistent inspections, and weak penalties, according to recent findings.
Twenty years ago, California enacted a landmark heat safety law for farmworkers, a move that was hailed as a significant step towards ensuring the safety of these essential workers. However, despite the law, farmworkers continue to suffer from preventable heat illnesses and, tragically, some still die.
A 2024 state audit revealed that Cal/OSHA often failed to conduct required on-site inspections for heat-related complaints, instead sending letters to employers. This practice missed opportunities to cite violations and enforce corrections, even in cases where immediate hazards were reported. The audit also found that inspections have declined notably, with a 30% drop in Cal/OSHA inspections from 2017 to 2023 and a more than 40% reduction in violations found during that period.
Enforcement gaps persist amid heightened risks for farmworkers, many of whom are undocumented and reluctant to complain due to fear of retaliation or deportation. The state's heat illness prevention law is widely acknowledged to be under-enforced rather than flawed in design. Observers cite too few inspectors, slow investigations, light penalties, and outdated regulations as the main reasons for the inadequate enforcement.
Cal/OSHA has acknowledged these shortcomings and announced steps such as creating an Agricultural Enforcement Task Force to improve conditions. However, systemic staffing shortages and policy issues remain significant barriers to effective enforcement.
The enforcement lapses come at a time when farmworkers are hesitant to voice complaints about working conditions due to fear of deportation. Climate change has also exacerbated the problem, with more frequent and intense heat waves in California, offering little relief even at night.
In recent years, Assemblywoman Dawn Addis (D-Morro Bay) introduced a proposed law making it easier for farmworkers to receive workers' compensation, but the bill was held over at the end of the legislative session. Despite these challenges, farmworkers continue to adapt, with many coming into work earlier and leaving earlier to stay ahead of the heat.
The laws were announced by then-Gov. Arnold Schwarzenegger while standing with the family of a farm laborer, Constatino Cruz, who had died of heatstroke. Cruz was one of four farmworkers who died in a brutal summer 20 years ago, all while laboring in the fields when temperatures were above 100 degrees.
The audit also found that in some cases, Cal/OSHA issued few or no penalties, even when workers died. Of more than 1,200 workers surveyed, 43% reported that their employers had not provided a heat illness prevention plan, and 15% said they had not received heat illness prevention training. A 2022 study by the UC Merced Community and Labor Center found that many farmworkers were still laboring without the required heat illness prevention plans and training.
As the state grapples with these issues, it is clear that more needs to be done to ensure the safety and health of California's farmworkers. The California Department of Occupational Health and Safety (Cal/OSHA) is working to improve enforcement, but systemic changes may be necessary to truly protect these essential workers from the dangers of heat-related illnesses.
- The environment and health of California's farmworkers continue to be at risk due to ineffective enforcement of heat safety laws.
- The California Department of Occupational Health and Safety (Cal/OSHA) faces challenges such as understaffing, inconsistent inspections, and weak penalties.
- In spite of California's landmark heat safety law for farmworkers, the law's implementation has been subpar, leading to preventable heat-related illnesses and even deaths among essential workers.
- Each year, farmworkers in California face heightened risks due to climate change, causing more frequent and severe heat waves, some of which occur beyond regular working hours.
- Immigration status poses a significant hurdle, as many farmworkers are undocumented and hesitant to speak up due to fear of retaliation or deportation.
- While the state has announced steps towards improving conditions, systemic staffing shortages and policy issues remain significant barriers to effective enforcement.
- The medical-conditions and neurological-disorders that arise from chronic exposure to heat and respiratory conditions in farmworkers need to be addressed urgently through workplace-wellness programs, fitness, and exercise initiatives, and mental health support.
- The finance and industry sectors must collaborate to implement policy-and-legislation changes that prioritize farmworker safety, including stronger penalties for heat safety law violations and increased support for industry compliance.
- Policies that enable farmworkers to receive workers' compensation more easily should be enacted, as this could provide a financial safety net in the event of illness or injury.
- General-news outlets have a role in raising awareness about these issues, and elected officials such as Assemblywoman Dawn Addis continue to advocate for change in order to progress California's culture and ensure the wellbeing of farmworkers.
- Science and research, especially studies conducted at universities like UC Merced, will play a crucial role in understanding the full implications of heat exposure on California farmworkers and developing evidence-based solutions for their protection.
