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Occupational Health & Safety
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Agriculture consistently ranks as one of the three most
hazardous occupations in the nation. Nonetheless, farmworkers have
few federal workplace safety protections and only a minority of
states (e.g., California and
Washington State), provide additional safeguards for farmworkers. A
small fraction of workers (about 2%) benefits from union collective
bargaining agreements which require additional safety measures.
The most significant federal workplace safety statutes
are the Migrant and Seasonal Agricultural Worker Protection Act (AWPA,
which imposes requirements on transportation and housing), the
Occupational Safety and Health Act (OSH Act, under which the
Occupational Safety and Health Administration has issued seven
safety standards applicable in agriculture) and the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA, which regulates
occupational exposure to pesticides). Many growers use farm labor
contractors to hire and supervise their workers. Some then try to
evade federal health and safety requirements, by claiming that the
crew leader is the sole employer of the workers. These labor
intermediaries, however, typically have little more than a battered
school bus with which to transport their crews. As such, they lack
both the authority and the resources to provide a safe workplace.
Many cases, brought under the AWPA and the OSH Act are fought to
determine which entity or entities employ(s) the workers and, thus,
bear(s) the responsible for meeting safety requirements.
Farmworkers
are often afraid to complain about health and safety violations
because of fear of employer retaliation. This reluctance is
particularly strong among workers who are undocumented, which is an
estimated 52% of the hired crop workforce. For these workers filing
a complaint about hazardous job conditions can lead to deportation.
The limited protections available, the use of crew leaders and fear
of employer retaliation, coupled with additional factors, such as
the workers short tenure employment, frequent mobility, social
isolation, poverty, inadequate training, language barriers, and
unfamiliar with American law, result in many, preventable
workplace injuries and illnesses
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