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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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