Ramirez: California’s farmworkers deserve protection from the heat

It got so hot that Francisca couldn’t bear it. Physically, she felt ill. Francisca’s boss gave her a short break but pressured her to return.

Francisca couldn’t. Feeling weak and dizzy, she left for the hospital. The doctor told her that she was having a heat stroke.

Francisca recovered. Yet, when she returned to work the next day, her boss fired her for leaving.

It’s a story that’s all too common. I know because I’ve worked with farmworkers and their families for 15 years.

Before this, I was a farmworker for 18 years. When in the fields, I picked grapes and broccoli, as well as chiles, corn, and carrots.

From my decades of experience, I can say one thing for sure: Heat stress was a problem decades ago, and it remains a problem today.

Moreover, without a federal heat stress standard, the essential workers who pick our nation’s fruits and vegetables will continue to be treated as if they are disposable and not as critical players in our food system who deserve to labor in safe and humane work conditions.

I understand that heat stress is a problem in many professions. Still, the situation for farmworkers is different. Farmworkers are 20 times more likely to experience heat stress compared to other occupations. This, is as extreme heat waves are becoming more common.

Even though farmworkers are found throughout the country, only California and Washington mandate the provision of shade structures and drinkable water. Part of the reason for this neglect is that agricultural workers were excluded from the National Labor Relations Act of 1935, which guarantees the right of collective bargaining to negotiate pay and work conditions.

Since then, 10 states have passed laws that extend collective bargaining rights to farmworkers. The problem is that restrictions have been placed on this right to limit its effectiveness. For instance, while agricultural unions may negotiate with their employers in Kansas, Louisiana, and Maine, they are prohibited from striking. Consider New York, where 2020 legislation that extends collective bargaining rights to farmworkers explicitly denies their right to strike or engage in any work stoppage.

As a result of these limitations, farmworkers remain vulnerable to whatever their employers believe are appropriate work conditions. In the fields, this often means little to no access to water, shade protection, and clean bathrooms.

Legislation pertaining to work conditions remained minimal until President Richard Nixon created the Occupational Safety and Health Administration in 1970. Since then, OSHA has been tasked to ensure that workers — including those in the fields — labor in safe and humane conditions.

OSHA, however, is understaffed and underfunded. This became apparent during the COVID pandemic when the vaccine mandate went into effect.

President Joe Biden’s proposal to increase OSHA’s budget from $592 million in the fiscal year 2022 to over $701 million in fiscal year 2023 is welcome, yet it provides only about $1 per worker who the agency is to oversee.

Furthermore, farmworkers are particularly vulnerable. Roughly 50% are undocumented, which leads many to fear that owners will seek reprisals if complaints are raised.

This makes a federal heat standard with adequate monitoring and enforcement measures even more essential.

In Congress, there is legislation that would make this need into a reality — the Asunción Valdivia Heat Illness and Fatality Prevention Act.

Asunción Valdivia was a farmworker who died from heat stroke in 2004 after picking grapes for 10 hours in 105-degree temperatures.

This legislation would require that employers provide water and paid breaks in cool spaces while offering emergency responses to workers who exhibit signs of heat-related illness. The law also mandates that employers train employees on the risks of heat stress, particularly when it comes to identifying symptoms.

If such legislation had existed, perhaps Asuncion Valdivia would still be alive.

Manuela Ramirez is an organizer with Lideres Campesinas, an organization that promotes leadership opportunities for farmworking women. For the Sacramento Bee.

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