In California, we have a regulation that no other state presently has. The regulation is about heat illness prevention.
I have mixed feelings about this regulation, and I have strong opinions on how we are handling the regulation which is in it’s third year since it has been promulgated.
On the face of it, the regulation is very well intended. In a nut shell, the employer has to provide drinking water, shade, training on heat stress symptoms and emergency provisions should an employee become ill due to the heat. As they say, the Devil is in the details. The finer points of this regulation has led to many heated (pardon the pun) debates, even amongst our own "leaders". What constitutes shade? When does it need to be provided? 85 degrees? 90? Do vehicles with air conditioning count? How many canopies for how many workers? How far away from the crew can it be? How much water? How cool? How often should a worker be drinking?
Heat is nothing new to California, especially the Central Valley. The coastal areas do not have the same problem with heat as the Central Valley has. Take today for example, it is forecasted to hit 104. This is not unusual.
It is also not unusual to have heat related illnesses during the summer. Sadly, it is not unusual to see a few fatalities due to heat illness either. It is hard brutal work to be out in the fields when it is 100 degrees, or in a food processing plant where not only is it hot but humid as well.
Fueled politically by certain groups who feel we have not done enough for the farm workers, and other political considerations, heat illness prevention is top priority. Should I go out and investigate why an amputation occurred, or a complaint that there may not be enough water or shade in a tomato field? Guess….
If you guessed that I need to run out and see if the field has a shade structure, you guessed right. The amputation can wait.
This is one point I disagree with. Especially when many of these complaints come in with incorrect addresses if an address at all (oh it is SOMEWHERE on Livingston Rd, perhaps the cross street is Smith.. Then you find out that Smith and Livingston are parallel and do not meet). Or when you get there, no one has worked in that field for at least a week.
On rare occasion the complaint does have a correct address. But there is no violation. Or at least not what they alleged. They DID have water, they DID have shade…ok fine, they ran out of paper cups. Fine, I have a ticket to issue. Yes, this was more important than the amputation....Right-O. Don't get me started. I might say things my administration would have my head for.
This year, we have teams going out EVERY week. Tomorrow, I start my assigned week in the field doing a “sweep”. A "sweep" is driving around all day, looking for crews and checking. Water? Shade? Porta-pottties? Written Program? Training? We have been out and hit many of the same Farm Labor Contractors time and time again. We are batting a 90% in compliance rate (no violations). It seems that time is best spent on other activities, but I don’t call the shots.
Luckily, I am teamed up with someone who can speak Spanish. It would be difficult to do inspections with my very limited Spanish since most field workers are Spanish speaking. Some are Punjabi, and a few are Laotian. Rarely are they English speaking.
But I shouldn’t complain. At least I can expect a full paycheck on Aug 1. Maybe there will be one crew that I can benefit to some degree.
It will be a hot week. I am already looking forward to it being over with!
We finally had to turn on our air conditioner. And we have plenty of water on hand. I'm glad I'm not working in those fields.
ReplyDeleteLee
Tossing It Out
A couple weeks ago, we took our visiting relatives to a local farm to pick our own strawberries. It was hot that day - not 100 degrees, but in the low 90s, and very humid. We had 3 kids with us, ages 5, 8 and 2 1/2. After about twenty minutes, I thought I was going to die. The sun was relentless. The humidity was suffocating. I understand that sometimes people grow somewhat accustomed to working in hot weather, but holy cow, did it ever make me stop and think about the whole farm worker thing. We were out there for FUN. Because it was a novelty to be able to pick our own strawberries from the farm. I kept thinking, what if this was how we earned our income? What if we had to be out here for 8 or 9 hour a day? We took lots of breaks to go back to the car and sit in the air conditioning, and we finally took turns sitting in the car so that we could get the kids cooled off. And after all that, I think we only picked about six pints of berries. Not a lot. It was hard going. And my arms and hands broke out in a terrible rash - maybe it was from the pesticides that are applied to the strawberries?
ReplyDeleteI know there are a lot more issues that are probably more important than migrant workers, but boy, I can certainly feel for them. I can not imagine having to do that day after day, regardless of the weather. That is one tough job. Made me glad that I get to stay inside and write for most of the day!
Lee,
ReplyDeleteI gave in too, this weekend. When it is over 85 in my house...I give up!! I will pay for the AC!!
Jen,
How I remember those hot humid summers in Glens Falls NY!!! As uncomfortable as it is at 85 there, it has to be over 90 here to be equally uncomfortable. It is much drier so it doesnt feel as hot.
I agree with how tough the farm workers have it. Plus as you can see in the image, they wear sweatshirts, or other heavy shirts all the time as protection from the hot searing sun. Otherwise, they would be fried.
As I said, the regulation is well intended. How we are going about enforcing it, is obviously driven by politics and other agendas that are way too detailed (and I shouldn't) out line here. We field people are all disgusted with how things are handled by those who "run" the show!
Sig
Sig, I agree with you 100%. While it's great that these regulations and laws are adopted and passed, I know they can be so vague as to present a problem for those trying to make sure that they are followed and enforced.
ReplyDeleteI remember the days when I worked in nonprofit community development and housing rehabilitation. I worked as a grant writer and project administrator, and I remember trying to make sure that we followed all the rules, mainly so that we'd get paid, but that those rules were so confusing that very often we wound up consulting with our legal team to figure out just what the heck we were supposed to be doing!
It's too bad that, as well meaning as they are, the regulations can't be more specific and detailed when they are drawn up and adopted.