OSHA fines company after farm worker dies
By Alan Mauldin alan.mauldin@gaflnews.com
Jan 11, 2019
MOULTRIE, Ga. —
A Colquitt County company whose worker died of an apparent heat-related illness in June while picking tomatoes has been fined nearly $13,000.
The U.S. Occupational Safety and Health Administration issued its findings in an investigation sparked by the death on June 21 of Miguel Angel Guzman Chavez. It fined Beiza Brothers Harvesting, a labor contracting company that provided laborers to farmers, $12,934.
Chavez fell ill at about 4 p.m. that day while working at a farm in the county, according to Colquitt County Coroner Verlyn Brock. Chavez, 24, was taken to Colquitt Regional Medical Center, where he later died.
At the time Chavez got sick the temperature was greater than 90 degrees, Brock said. At the time, Chavez had been in the country less than a week, and had started work the day of his death at 8 a.m., Brock said.
In its findings, OSHA said that the workers were picking tomatoes in direct sunlight with temperatures ranging from 85.8 to 97.5 degrees and with a heat index as high as 99.1 degrees.
“Such exposure may lead to the development of serious heat-related illnesses such as, but not limited to, heat cramps, heat exhaustion, heat stroke, and death,” the agency said. “Among other methods, one feasible and acceptable means of abatement would be to institute a comprehensive heat program that includes an adequate acclimation program.”
OSHA issued three other citations related to failure to train employees about hazardous chemicals, but did not levy additional fines.
On its web site, OSHA said that Chavez was overexerted, showed symptoms of heat exhaustion and passed out before he was taken to the hospital.
Debbie Berkowitz, worker health and safety program director at National Employment Law Project, said the fine was a “big deal” and was a fairly significant amount that should get the attention of companies who employ farm workers. The company did not respond to OSHA during the investigation.
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Farmworker, 24, dies after collapsing in field
By Alan Mauldin
Jun 25, 2018
MOULTRIE, GA— A farmworker who had been in the country less than a week died from an apparent heat stroke after he collapsed on Thursday.
Miguel Angel Guzman Chavez fell ill at about 4 p.m. Thursday while picking tomatoes, Colquitt County Coroner Verlyn Brock said.
The 24-year-old was taken to Colquitt Regional Medical Center, where he later died.
Chavez was pronounced dead at 5:41 p.m., Brock said.
“He had gone into heat exhaustion and went into a heat stroke, (which) caused him to go into cardiac arrest.”
Chavez arrived in Georgia from Mexico June 16.
At the time Chavez got sick the temperature was 95 with a heat index of 103 or 104 degrees, Brock said.
“He was working with a harvesting company picking tomatoes,” he said. “They had worked from 8 a.m. until noon. After lunch there were breaking every 30 minutes. They tried to resuscitate him.”
Brock said he has spoken with state medical examiners, who are looking at the reports of the case. No autopsy will be performed.
“I’m waiting for them to give me a cause and manner” of death,” he said. “It looks like heat stroke.
“He had been in the state since Saturday of last week. He came looking for a better way of life.”
The last heat-related death of a farmworker that Brock recalls happened in 2009.
High temperatures and humidity have brought some brutal heat in recent days, and anyone spending time outdoors should use caution and look out for the signs of heat illness for themselves and others.
“High temperatures, combined with high humidity can create a health hazard,” said Southwest Health District Health Director Dr. Charles Ruis. “Normally, the body cools itself by sweating. But when humidity is high, sweat will not evaporate as quickly. When that happens, the person’s body temperature rises rapidly.”
Older adults, the very young, as well as those with mental illness and chronic disease “are at the highest risk of heat-related illness and death,” he said. “However, even young and healthy individuals can fall victim to heat-related illness if they are involved in strenuous physical activity during hot weather.”
Heat stroke occurs when the body become unable to cool itself, and is a life-threatening medical emergency.
Symptoms include a high body temperature of more than 103 degrees (orally); red, hot and dry skin with no sweating; rapid, strong pulse; throbbing headache; dizziness; nausea; confusion and unconsciousness.
High temperatures in the Moultrie area are expected to be in the 90s all week -- 93 degrees on Tuesday -- and a number of storms are expected, which could boost humidity.
The U.S. Centers for Disease Control and Prevention recommend increasing fluid intake in hot weather, regardless of activity level and is especially important for those older than 65. The agency also recommends replacing salt and minerals lost by sweating by drinking fruit juices and sports beverages, wearing lightweight clothing that is light-colored and loose-fitting. A wide-brimmed hat will provide shade and keep the head cool.
Those spending time outdoors should pace themselves, and if exertion leads to a pounding heart or shortness of breath all activity should be stopped and the person should seek shade or a cool area indoors. Planning to do outdoor activities during the cooler part of the day also is a good way to avoid excessive heat.
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On June 16, Miguel Angel Guzman Chavez arrived in Georgia from Mexico. He was 24 years old and went right to work picking tomatoes. The Georgia heat was consistently more than 90 degrees, and on June 21, the temperature soared to 95 degrees. That day, Chavez collapsed in the field, suffering from heat stroke, which then led to cardiac arrest. Less than two hours later, he was pronounced dead at the Colquitt Regional Medical Center.
“People don’t realize what a serious problem this is,” David Arkush, managing director of the climate program at Public Citizen, tells Mother Jones. When farmworkers are out picking tomatoes or spraying pesticides in the high heat, they can be exposed to heat-related illnesses, some of which can lead to death if left untreated. According to Public Citizen, 130 million workers who make their living outside—from farmworkers to construction workers—lack heat stress protections. Between 1992 and 2016, nearly 70,000 workers were seriously injured from heat, and 783 of them died.
Since farmworkers are often from marginalized groups like undocumented immigrants—the Department of Labor estimates 47 percent of them are undocumented—fear of deportation can lead to a reluctance to report incidents or even seek medical attention. That means the real numbers may be even higher. Amid the Trump administration’s crackdown on immigrants coupled with the reform of the visa system, many farmers have been struggling to find workers.
The overwhelming majority of scientists agree that manmade climate change is making the planet hotter. According to NASA and National Oceanic and Atmospheric Administration data complied by Climate Central, a nonprofit news organization that analyzes climate data, the 10 warmest years on recordhave all occurred since 1998. More alarmingly, the five hottest years have all been in the 2010s, with 2016 being the warmest year ever recorded. With global warming come extreme weather conditions, including unprecedented heatwaves that can turn deadly. Every demographic will feel the effects of rising temperatures, but people who work outdoors—like Chavez and the estimated 2.5 million farmworkers in the United States—are already feeling the effects.
Those exposed to high heat are susceptible to a variety of heat-related illnesses ranging from rashes and cramps to heat stroke that damages the kidneys and brain. If steps aren’t taken to cool the body down immediately, extreme heat can also lead to death. The long-term effects have not yet been firmly established, but there is emerging evidence that working outdoors in extreme temperatures can also lead to chronic kidney disease.
The federal government requires each employer to maintain a safe workplace, but it offers very few specific protections for outdoor workers at risk of heat illnesses. On the state level, only three states have issued guidelines for employers on ways to protect their workers from heat stress, but those guidelines lack any power of enforcement. Together with United Farmworkers and Farmworker Justice, Public Citizen has launched a campaign to petition the Occupational Safety and Health Administration (OSHA) for uniform national standards that can protect workers from heat-related illnesses and injuries.
In 2005, the California legislature became the first in the country to pass standards for protecting workers against heat stress. These regulations require employers to provide access to shade and drinking water and to enforce mandatory periods of rest during work shifts. In 2012, the United Farm Workers of America sued the California Division of Occupational Safety and Health, alleging that between 2005 and 2012, 28 farmworkers died from heat-related illnesses. “In farm working, there’s a huge number of migrant laborers, immigrants, and people who don’t speak English,” Arkush explains. “And companies feel like they can get away with exploiting those people.” “Some of the ways in which workers are at risk is just the pace of work. When workers are paid by the amount they pick, there’s a reluctance to take a break.”
Heat-related injuries and deaths among farmworkers cast light on the terrible vulnerabilities these workers face. In 2008, California had six heat-related deaths in the field. Maria de Jesus Bautista, a 62-year-old farmworker in Thermal, California, was picking grapes in 110-degree weather. She returned home that evening with a headache and high fever. Her son, Francisco Alvarez Bautista, found her wrapped in a blanket, lying on the sofa, complaining about being cold—despite the soaring temperatures that day. Maria died two weeks later.
After her death, her son said she felt pressured to keep pace with her coworkers. “Some of the ways in which workers are at risk is just the pace of work,” explains Virginia Ruiz, director of occupational and environmental health at Farmworker Justice. “When workers are paid by the amount they pick, there’s a reluctance to take a break.”
In 2013, California state officials shut down the Etchegaray Farms after a farmworker collapsed and died on a citrus orchard outside of Bakersfield, California. Juan Ochoa was checking irrigation equipment in 106-degree weather when he collapsed. Ochoa, who was 37, was from Mexico and had been working for almost a year. When officials came to inspect the farm, they found several violations of California’s heat regulations, including no access to shade. The farm was allowed to reopen once it was compliant.
These tragedies could likely have been avoided if the workers had been required to take regular breaks in the shade—which can often be the difference between life and death. The Centers for Disease Control and Prevention recommends rest periods for workers to hydrate and longer rest breaks for newer workers or those who haven’t grown acclimated to being outside for long periods of time. That, Ruiz says, is where you see most of the major injuries and fatalities.
In the petition to OSHA, the groups are asking for fairly simple protections to limit deadly exposure to the heat. “The most important protections to provide are to require access to rest, shade, and water breaks,” Arkush says. Knowing what to look for and how to work in the heat are also important aspects of working in agriculture that could help save lives, because, Arkush notes, workers often receive no “training or information about warning signs [or] how to prevent stress.” California requires sharing this information, as well as mandatory rest and water breaks, but there are often violations of the law. “There’s noncompliance,” Ruiz says, “and in isolated and rural areas, there aren’t enough inspectors going out there.” In 2016, California’s division of occupational safety and health reported only 62 percent of agriculture employers were complying with heat regulations.
With rising temperatures, the problem will only get worse if the federal government doesn’t step in. “It’s entirely preventable,” Ruiz says of heat-related illnesses, “but I think we’re going to see them more frequently as we have these spikes in temperature across the country.”