Last week, CalMatters reported on six Yolo County farmworkers who claim that they were fired for leaving their jobs during a June heatwave.
As reported by CalMatters, one of the farm workers working in a tomato field near Dixon on June 5, explained that the high the first day was between 99 and 107. She already got a headache during the work and the next day was even hotter.
The 40-year-old farmworker told CalMatters, “the more it started to go back to my head, and I started to feel like vomiting.”
Seeing other workers feeling ill, she and five coworkers got their foreperson’s permission to leave early on June 6 – during one of first heat waves this year.
When they showed up the next day – they were given their last checks. Two state agencies are investigating the incident as a retaliatory firing.
On Monday, Senator Dave Cortese (D-San Jose) and United Farm Workers (UFW) held a press conference regarding legislative efforts to save farmworkers’ lives during extreme heat waves by ensuring agricultural employer compliance with existing heat prevention injury and illness laws and regulations.
Senator Cortese spoke about his Senate Bill 1299 (SB 1299) – otherwise known as the “Farmworker Climate Change Heat Injury and Death Fund,” saying, “As a former farmworker, I know first-hand how high the stakes are to one’s health and safety while working under extreme heat weather conditions out in the field.”
The Senator explained, “Without heat prevention measures in place, lives have been lost. And despite California’s landmark legislation over 19 years ago adopting and instituting heat prevention solutions in the workplace, nearly 50% of farmworkers today still report their farming employer not complying with existing law.”
He said that while landmark legislation created a process for OSHA to investigate complaints about inadequate water and shade, that OSHA lacks the resources to quickly respond to complaints like these during times of extreme heart.
“There are more complaints withdrawn by agricultural workers than any other industry in California,” Corse continued. “We know why they are withdrawn – fear of retaliation or actual retaliation like we have just seen with the YOLO SIX.”
He added, “We see this played out in the firing of the Yolo Six who were retaliated against for standing up for their health and safety during a recent heat wave. That is why I introduced Senate Bill 1299 (SB 1299), to bring farming employers into compliance. But more importantly, to save farmworkers’ lives.”
Cortese said, “The lack of compliance not only leads to illness – it leads to death and that’s a fact.”
UFW Teresa Romero said, “A group of farmworkers were fired just a forty minute drive from here for defending each out for their rights during their extreme heatwave already.”
She said that opponents say that this bill is unnecessary due to the lack of heat related complaints from farmworkers.
“What happened to the YOLO SIX shows the ugly truth behind these statistics – intimidation works,” she said.
Romero pointed out that the workers complained about heat illness, the employer was not in compliance with CalOSHA, no signs were posted, heat safety training was not provided.
“The workers were compelled to sign a declaration that they were provided a heat protection training in order to receive their paycheck,” she said despite not receiving that training.
One of the workers felt symptoms beyond feeling nauseous – she felt cold and started shivering.
“She did not want to report it or say anything for fear of being fired,” Romero continued.
A fellow farmworker stood up for her and they all went home together.
“Their solidarity may have saved a life,” she said. “This case highlights a reality that farmworkers know all too well, that the laws in the books, are not the laws in the fields.”
“Farmworkers are a vital part of California’s economy: They work day in and out to put food on our tables. As the son of parents who fought tirelessly for the rights of farmworkers, I’m proud to co-sponsor SB 1299, which better protects farmworkers who suffer as a result of extreme heat conditions,” said Attorney General Rob Bonta. “I’m grateful to Senator Cortese for bringing this much needed legislation. As Attorney General, I remain committed to protecting the rights and safety of farmworkers, and all California workers, in the workplace.”
SB 1299 promotes compliance with existing outdoor heat regulation through a rebuttable presumption for heat-related injury and death.
SB 1299 ensures farmworkers who suffer a work-related heat injury, illness or death as a result of working for a noncompliant employer will be treated and compensated expeditiously.
SB 1299 does not create any additional workers’ compensation benefit level beyond what is otherwise available under existing workers’ compensation law. Nor does it apply to a compliant employer.
