INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS IN THE UNITED STATES
MARCH 2011
BON APPEacuteTIT MANAGEMENT COMPANY FOUNDATION
UNITED FARM WORKERS
b o n a p p e t i tf o u n d a t i o n
4
i
ACKNOWLEDGMENTS
ii
EXECUTIVE SUMMARY
KEY FINDINGS FROM THE INVENTORY
iii
PRIMARY ISSUES AFFECTING US FARMWORKERS TODAY
Fingers to the Bone United States Failure to Protect Child Farmworkers
Farm Labor in California en and Now
iv
Bound for America Mother JonesIndictment Accuses Firm of Exploiting ai Workers New York Times
v
vi
FUTURE STEPS
bull bull bull bull bull
vii
viii
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
4
i
ACKNOWLEDGMENTS
ii
EXECUTIVE SUMMARY
KEY FINDINGS FROM THE INVENTORY
iii
PRIMARY ISSUES AFFECTING US FARMWORKERS TODAY
Fingers to the Bone United States Failure to Protect Child Farmworkers
Farm Labor in California en and Now
iv
Bound for America Mother JonesIndictment Accuses Firm of Exploiting ai Workers New York Times
v
vi
FUTURE STEPS
bull bull bull bull bull
vii
viii
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
i
ACKNOWLEDGMENTS
ii
EXECUTIVE SUMMARY
KEY FINDINGS FROM THE INVENTORY
iii
PRIMARY ISSUES AFFECTING US FARMWORKERS TODAY
Fingers to the Bone United States Failure to Protect Child Farmworkers
Farm Labor in California en and Now
iv
Bound for America Mother JonesIndictment Accuses Firm of Exploiting ai Workers New York Times
v
vi
FUTURE STEPS
bull bull bull bull bull
vii
viii
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
ii
EXECUTIVE SUMMARY
KEY FINDINGS FROM THE INVENTORY
iii
PRIMARY ISSUES AFFECTING US FARMWORKERS TODAY
Fingers to the Bone United States Failure to Protect Child Farmworkers
Farm Labor in California en and Now
iv
Bound for America Mother JonesIndictment Accuses Firm of Exploiting ai Workers New York Times
v
vi
FUTURE STEPS
bull bull bull bull bull
vii
viii
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
iii
PRIMARY ISSUES AFFECTING US FARMWORKERS TODAY
Fingers to the Bone United States Failure to Protect Child Farmworkers
Farm Labor in California en and Now
iv
Bound for America Mother JonesIndictment Accuses Firm of Exploiting ai Workers New York Times
v
vi
FUTURE STEPS
bull bull bull bull bull
vii
viii
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
iv
Bound for America Mother JonesIndictment Accuses Firm of Exploiting ai Workers New York Times
v
vi
FUTURE STEPS
bull bull bull bull bull
vii
viii
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
v
vi
FUTURE STEPS
bull bull bull bull bull
vii
viii
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
vi
FUTURE STEPS
bull bull bull bull bull
vii
viii
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
vii
viii
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
viii
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
ix
TABLE OF CONTENTS
No Data No Problem Employment Conditions of US Farmworkers 1
Inventory of Farmworker Issues and Protections 9
Conclusion 46
APPENDIX I Technical Notes 53
APPENDIX II Farmworker Information and Resources 64
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
x
ABBREVIATIONS
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
xi
TABLES
FIGURES
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
1
NO DATA NO PROBLEM
EMPLOYMENT CONDITIONS OF US FARMWORKERS
SOURCES OF FARMWORKER DATA AND THEIR LIMITATIONS
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
2
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
3
PROFILE OF US FARMWORKERS
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
4
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
5
FARMWORKER DEMOGRAPHICS
14 million crop farmworkers in the US
0
50
100
150
200
250
300
350
400
450
500
CA FL NC OR TX WA
FIGURE 1
Estimated population of crop farmworkers by state in thousands(calculated based upon 2007 Census and NAWS data)
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
6
TEMPORARY AGRICULTURAL LABOR H-2A FOREIGN WORKERS
MIGRANT TYPE HIRED CONTRACT ALL
SettledShuttle
Follow the CropNewcomer
7214410
53111125
70135
12
TABLE 1
Migrant Status of Farmworkersby Employment Type
NAWS (2005ndash2009)
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
7
CROP FARMS IN THE CONTEXT OF FARMWORKER EMPLOYMENT
CALIFORNIA FLORIDA N CAROLINA OREGON TEXAS WASHINGTON
Top Five Labor Intensive Cropsin Terms of Commodity Value
TABLE 2
grapesalmondsnursery productslettuceberries
greenhousenurseryorangestomatoesstrawberriesgrapefruit
greenhousenurserytobaccoblueberriestomatoescucumber
greenhousenurserypearscherriesgrapeshazelnuts
greenhousenurseryonionspecanswatermeloncabbage
apples greenhousenurserycherriesgrapespears
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
8
CROP FARMS REPORTINGLABOR EXPENSES
TYPE OF LABOR USED ON CROP FARMS WITH
LABOR EXPENSES REPORTED
FARMS WITHLABOR
EXPENSESREGIONHIREDONLY
HIRED amp CONTRACT
CONTRACTONLY
OF ALL FARMS IN STATE WITH
LABOR EXPENSES
USACalifornia
FloridaOregon
N CarolinaTexas
Washington
576000400001400014000130006200013000
26503027332532
68445267625474
15291818191915
16273014182712
Crop Farms Reporting Labor Expenses
TABLE 3
2007 Census of Agriculture
2007 Census of Agriculture Farm Production Expenses Hired Farm Labor and Contract Labor Figures provided by email Daniel Carroll NAWS US DOL to Oxfam consultant August 30 2010 2007 Census of Agriculture special tabulation of crop farms (111) only
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
9
INVENTORY OF FARMWORKER ISSUES AND PROTECTIONS
REGION
of all hired EMPLOYEES
at farms hiring 11 or more employees
USACalifornia
FloridaN Carolina
Oregon
6887876819
of all FARMS hiring 11 or more
employees
1227231919
Crop Farms Hiring 11 or More Employees
TABLE 4
2007 Census of Agriculture
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
10
California Rural Legal AssistanceMichael Meuter
Florida Legal Services IncGreg Schell
Legal Aid of North CarolinaMary Lee Hall
Columbia Legal ServicesLori Jordan Isley
Most Common Farmworker Issues Reported by Legal Advocates
TABLE 5
2007 Census of Agriculture
California
Florida
N Carolina
Washington
TYPES OF CASES REPORTED(not necessarily in order of priority)
CONSULTINGORGANIZATION
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
11
I WAGE AND HOUR STANDARDS
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
12
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
AVERAGE WAGE
Below $725$725 ndash $924
$925 ndash $1124$1125 ndash $1324$1325 or more
HIRED CONTRACT ALL
29421577
30431477
35481034
Proportion of Farmworkers at Average Wage Levels by Employment Type
TABLE 7
NAWS 2005-2009
$725With Exemptions
mdash mdash mdash
mdash mdash mdash
mdash
mdash
mdash
mdash mdash
15x pay for
2x pay for
10 minute paid rest period for every 4 hours of work
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period for every working 5 hours of work Second meal period required
30 minute unpaid meal period when working 6 hours or more
10 minute paid rest period when working 4 hours or more
30 minute unpaid meal period when working 5 hours or more
California Labor CodeIndustrial Welfare Commission Wage OrdersDepartment of Industrial Relations
Florida State ConsitutionAgency for Workforce Innovation North Carolina General StatutesStandards and Inspections Division
Texas Minimum Wage ActTexas Workforce Commission
Minimum Wage Laws and RulesAgricultural Employment StandardsDepartment of Labor and Industries
Administrative RulesBureau of Labor and Industries
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
$825With Exemptions
$800
mdash
mdash
mdash mdash mdashmdash
Federal
California
Florida
N Carolina
Oregon
$867With Exemptions
Washington
Texas
CURRENT MINIMUMWAGE
MINIMUMWAGE OVERTIME
REQUIREDRESTPERIOD
REQUIREDMEALPERIOD
LAWS CODES amp REGULATING DEPT
Minimum Wage and Hour Protections for Farmworkers
TABLE 6
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
13
INCOME LEVEL
Up to $9999$10000 - $19999$20000 - $39999
$30000 or more
() Percentages are from the total number of farmworkers with reported income data Farmworkers who had not worked in the US for a full year were excluded from this question
HIRED CONTRACT ALL
20462312
22472110
335890
Farmworkersrsquo Annual Personal Income Levels by Employment Type
TABLE 8
NAWS 2005-2009
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
14
HOURS WEEK
Up to 20 hours21-40 hours41-60 hours61-80 hours+ 80 hours
HIRED CONTRACT ALL
3385081
4385171
834535ndash
Number of Hours Worked per WeekBy Employment Type
TABLE 9
NAWS 2005-2009
DAYS WEEK
1-4 days5 days6 days7days
HIRED CONTRACT ALL
637516
637516
939494
Number of Days Worked per WeekBy Employment Type
TABLE 10
NAWS 2005-2009
ACTIVITY
Farm WorkNon-farm Work
Not Working
HIRED CONTRACT ALL
3494676
3444278
3081991
Average Number of Weeks Spent Last Year in Farm Work Non-Farm Work
and Non-Work By Employment Type
TABLE 11
NAWS 2005-2009
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
15
ACTIVITY HIRED CONTRACT ALL
Actual Days Employed in Farm WorkBy Employment Type
TABLE 12
NAWS 2005-2009
89 days or less90-179 days
180-269 days270-365 days
Average
21193526195
21193524192
26213716170
Weeding Out Abuses Recommendations for a law-abiding farm labor system
Wage and Hour Divisionrsquos Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage eft (PDF)
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
16
II LABOR PROTECTIONS FOR CHILDREN AND YOUTH FARMWORKERS
Fact Sheet 40 Federal Youth Employment Laws in Farm Jobs
Fingers to the Bone United States Failure to Protect Child Farmworkers
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
17
16
18 16 if not required to attend school
12
14
1412 and under with limitations under 12 with written parental consent on farms exempt from Federal minimum wage provisions
Fair Labor Standards Act (FLSA)DOL Wage and Hour Division
1040 (more than 10 hours a day with special permit) schooldayweek 318
840 schoolday or week 3 when followed by schoolday 15 830 when school is in session 16 and 17 Minors under 16 can work 840 during non-school day or week
840 only on non-schoolday 12 and 13 840 schooldayweek 318 848 16 and 17 4 schoolday (8 on a school-day that precedes a non schoolday) 16 and 17 if required to attend school
16 12 9 with limitations
6 days
6 days
6 days
840 12 and 13 during non-schoolweek 840 when school not in session 14 and 15 1050 (60 for wheat hay and pea harvest) when school not in session 428 when school in session 16 and 17
18 14 12 with limitations
6 days 7 in dairy livestock hay and irrigation with one day off every two weeks under 18
mdash mdash
mdash
FED
CA
FL
NC
OR
WA
TX
Minimum age for employment
DURING amp OUTSIDE School Hours
Maximum Hours and Daysfor minors under 16 unless
other age indicatedLawsCodes amp Regulating Agencies
During Outside DailyWeekly Days per Week
Child Labor Laws Applicable to Farmworkers
TABLE 13
Children working in agriculture in NC are exempt from the state child labor protections and follow federal law
Children working in agriculture are exempt from the state child labor protections that prohibit children from working outside of school hours
California Labor CodeCA Division of Labor Standards Enforce-ment (DLSE)
Oregon Child Labor Laws amp RulesBureau of Labor amp Indus-tries Wage amp Hour Division
Chapter 450 Florida StatutesChapters 61L-2 Florida Administrative Code
Child Labor Program
NC Wage and Hour Act and Administrative Code
Texas Child Labor Law
Employment Standards
and Industries
Table adapted from DOLrsquos Federal and State Child Labor Laws Applicable to Agricultural Employment
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
18
No Longer Children Case Studies of the Living and Working Conditions of the Youth who Harvest Americarsquos Crops
Fields of Peril Child Labor in US Agriculture
AGE OF FARMWORKER PERCENT
12 years or younger13-17 years18-20 years21 years or older
4262348
TABLE 14
Age When Starting Farm Work
NAWS (2005ndash2009)
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
19
III FARM LABOR CONTRACTORS
Migrant and Seasonal Workers Protection Act (AWPA)
Wage and Hour Division
California Labor Commissioner
Department of Business and Professional
Regulation
Oregon Bureau of Labor and Industries
Washington State Department of Labor and Industries
FED
CA
FL
NC
OR
WA
TX
KEY REQUIREMENTS
LawsCodes Regulating DepartmentCer
tifi
cati
on
Li
cen
se
Wo
rker
s C
Om
p
Insu
ran
ce
Exam
Co
nti
nu
ing
Ed
uca
tio
n
Sure
ty B
on
d
Farm Labor Contractor Requirements
TABLE 15
California Labor Code Sections 1682-1699
Chapter 450 Part III Florida Statutes
Oregon Administrative Rules Division 15 Rules Regulating Farm and Forest Labor Contractors
Chapter 1930 RCW Chapter 296-310
WAC Farm Labor Contracting Rules
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
20
REGION
CAFLNCORTXWA
All otherTOTAL
TOTAL LICENSED FLCs
OF ALL LICENSED FLCs
9881587
9675
16035
21435354
1830213
lt145
100
Federally Licensed Farm Labor Contractors in 2009
TABLE 16
Reported by the DOL through FOIA
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
21
IV HOUSING AND TRANSPORTATION
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
22
Migrant and Seasonal Agricul-tural Workers Protection Act (AWPA) Section 401 29 CFR 500104 and 29 CFR 500105
OR Occupational Safety and Health Division Section U-5 Vehicles
V C Section 31401 Farm Labor Vehicles Regulations Inspections
Migrant and Seasonal Agricultural Workers Protection Act (AWPA) Section 203
State Codes Regarding EmployeeMigrant Housing
Department of Housing and Community Development
Florida Statutes 381008Migrant Labor Camps 64E-14
Florida Department of Health
Migrant Housing Act Chapter 95 Article 19
Senate Bill 1466Agricultural Safety amp Health Bureau Commissioner of Labor
FED
CA
FL
NC
Provisions for Farmworker Camps ORS 658705 to 658850
OR
Texas Transportation Code Chapter 647 Motor
Transportation of Migrant Agricultural Workers
Texas Health and Safety CodeDepartment of Housing and
Community Affairs
TX
FARMWORKER HOUSING FARMWORKER TRANSPORTATION
Protections for Farmworker Housing and Transportation
TABLE 17
mdash
mdash
Migrant Farmworker Housing Rules and CodesMigrant Farmworker Housing Program Washington State Depart-ment of Health
WA
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
23
HOUSING HIRED CONTRACT ALL
Farmworkersrsquo Living Arrangements By Employment Type
TABLE 18
NAWS 2005-2009
Rent (not from familygrower)
Home Owner
Free Employer Provided
Paid Employer Provided
Other
48
331431
52
301331
76
12623
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
24
TRANSPORTATION HIRED CONTRACT ALL
Farmworkersrsquo Transportation Traveling to WorkBy Employment Type
TABLE 19
NAWS 2005-2009
CarRaitero
Ride with OtherWalk
Labor BusOther
5716101052
532011962
304017391
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
25
Have at least 10 or more workers in each of at least 20 calendar weeks in the current or preceding calendar year or a cash payroll of at least $20000 during any calendar quarter in either such year are subject to the tax
Social Security Act [Title III Title IX and Title XII] and Federal Unemployment Insurance Act States administer UI benefits
1 employee at anytime AND wages in excess of $100 in a calendar quarter
CA Unemployment Insurance Code Employment Development Department
5 employees in 20 weeks OR $10000 payroll in a calendar quarter
Florida Statutes and Codes Florida Agency for Workforce Innovation
No state coverage guidelines Follows federal criteria
Employment Security Commis-sion of North Carolina
NC
MANDATES FARMWORKER COVERAGE
COVERAGE CRITERIA FOR FARMWORKER EMPLOYERS
LAWS CODES ampREGULATING DEPARTMENT
Unemployment Insurance Coverage for Farmworkers
TABLE 20
with employer size exemptions
with employer size exemptions
with employer size exemptions
3 employees in at least 20 different calendar weeks of the calendar year OR wages in cash of $6250 during a calendar quarter
Texas Unemployment Compensation Act Texas Workforce Commission
FED
CA
FL
OR
WA
TXwith employer
size exemptions
1 or more workers at any time excluding workers attending or between terms in school on corporate farms does not include services performed by spouses or unmarried children under 18 years
Washington Laws amp Regulations Employment Security Department
with employer size exemptions
mdash
No state coverage guidelines Follows federal criteria
The Employment Departmentmdash
V UNEMPLOYMENT INSURANCE
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
26
STATUS HIRED CONTRACT ALL
Farmworkers Reporting Unemployment Insurance with Current Employer by Employment Type
TABLE 21
NAWS 2005-2009
Unemployment Insurance
Not InsuredDonrsquot Know
48
484
45
524
23
761
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
27
VI COLLECTIVE BARGAINING
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
28
mdash
mdash
mdash
National Labor Relations Act (NLRA)
California Agricultural Labor Relations Act
Florida State Constitution Section 6
Sections 101001 101003 101052 101053
Revised Washington Code 4180
California Agricultural Labor Relations Board
National Labor Relations Board
NC
PROTECTIONS LAWS CODES REGULATING ENFORCEMENT AGENCIES
Legal Protections for Farmworker Collective Bargaining
TABLE 22
FED
CA
FL
OR
WA
TX
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
29
VII FARMWORKERS IN FORCED LABOR
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
30
-
mdash
mdash
-
-
mdash
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
31
Hidden Slaves Forced Labor in the US
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
32
VIII WORKERSrsquo COMPENSATION
All occupations
Laborers and freight stock and material movers by hand
Grounds maintenance workers
Miscellaneous agriculture workers (crop ranch equip operators etc)
Construction laborers
33
74
150
167
183
2009 Fatality Rates for Agricultural Workers and Related Occupational Groups
TABLE 24
OCCUPATIONAL GROUP
FATALITYRATE
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
33
Comparison of 2009 Illness and Injury Rates on Crop Farms by State
0
1
2
3
4
5
6
7
8
9
CAallcrop
farms
allprivate industry
per
thou
sand
FL NC OR TX WA
FIGURE 2
39
53
5
41
29
4
49
81
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
34
California Codes
Florida Statutes amp Rules
North Carolina Industrial Commission Rules
CA Department of Industrial Relations
FL Department of Financial Services
North Carolina Industrial Commission
Oregon Consumer and Business Services Department
Texas Department of Insurance
Oregon Administrative Rules
Administrative and Insurance CodeWorkersrsquo Compensation Act
Department of Labor and Industries
Chapter 296-17 WAC
EXEMPTIONS LAWS CODES REGULATING AGENCIES
Workersrsquo Compensation Coverage for Farmworkers
TABLE 25
NC
CA
FL
OR
WA
TX
mdash
mdash
mdash
State Workersrsquo Compensation Coverage for Agricultural Workers Farmworker Justice
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
35
COVERAGE HIRED CONTRACT ALL
Health Coverage with Current EmployerBy Employment Type
TABLE 26
NAWS 2005-2009
5874
18
33
3864
2
16
5573
16
31
Workers CompensationEmployer pays if sick or
injured ON JOBEmployer pays if sick or
injured OFF JOBFarmworker
employer spouse
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
36
IX OSHA INSPECTIONS AND VIOLATIONS
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
37
CA Department of Industrial Relations (CalOSHA)
Federal OSHA
Total Number of Inspections in 2009
Top 5 Violations Cited betweenOct 2008 - Sept 2009 Regulating Dept
OSHA Inspections and Top Violations on Crop Farms
TABLE 27
NC
Occupational Safety and Health Administration (OSHA)
26
477
5 (included in Federal total
above)
FED
CA
FL
OR
WA
TX
49 The number of OSHA inspections were found through the DOLOSHA website query ldquoSearch Inspections by SICrdquo using the search criteria [SIC = 01] [Dates 1109 ndash 123109] Includes both partial and complete inspections Number of inspections by Standard Industrial Classification (SIC) Code = 01 (Agricultural Production Crops) Last accessed August 25 2010
50 The top five violations were found through DOLOSHA website query for Frequently Cited OSHA Standards using the search criteria [number of employees = all] [SIC CODE = 01] [OSHA Offices = All] [Other Options = Private and Comprehensive or Partial] last accessed August 25 2010 The two codes with an asterisk () appeared to be inaccurately recorded (30700030 and 30700033) on the Federal site and assumed that these are likely standards given the number sequences
(lockouttagout)
equipment for general use
equipment
North Carolina Safety and Health ActNC Department of Labor
49
standards and interpretations
inspection
Washington Industrial Safety and Health Act (WISHA)
Washington Department of Labor and Industries
316
make available a written Chemical
off pesticides and pesticide residues
written respiratory protection program
Oregon Safe Employee Act
Department of Consumer and Business Services (NC OSH)
283housing
program
hand labor work
(pesticide) applications
not available
Federal OSHA none not available
49 50
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
38
X HEAT STRESS
Section 5(a)(1) and Section 5(a)(2) of the OSH Act
Occupational Safety and Health Administration (OSHA)
NC
REGULATEDSTATE GUIDANCE AVAILABLE LAWS CODES REGULATING DEPTS
Legal Protections against Heat Stress
TABLE 28
site
Title 8 - 3395
No State LawsCodes
No State LawsCodes
No State LawsCodes
CA Department of Industrial Relations
Occupational Safety and Health Division NC Department of Labor
site
Oregon Administrative Rules
Oregon OSHA OR Department of Consumer and Business Services
site
Washington Administrative Code
WA Department of Labor and Industries site
site
site
FED
CA
FL
OR
WA
TX
mdash
mdash
mdash
mdash mdash
mdash
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
39
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
40
XI PESTICIDE SAFETY AND REGULATIONS
KEY PROVISIONS OFWORKER PROTECTION STANDARD
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
41
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
42
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
2005
Central PostingFederal Insecticide Fungicide and
Rodenticide Act
2008
Personal Protective Equipment
Central Posting
2008
-
2008
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
43
2006 Pesticide Illness amp Injury Surveillance NIOSH
2007 Yes
Yes
Pesticide Illness Surveillance Program California Department of Pesticide Regulation CA EPA
2006 Chemical Disease Surveillance Program
mdash
2008 Pesticide Exposure Surveillance in Texas (PEST) Program -
mdash
Pesticide-Related Illness and Injury Surveillance Program
mdash
mdash
2008 Pesticide Program
7 FarmNursery Occupational cases
Pesticide Analytical Response Center
mdash
NC
EXPOSURES ACCIDENTSMONITORED amp POSTED
MONITORING DEPTS
CHOLINESTERASE MONITORING FORAPPLICATORS
Regulatory Oversight of Agricultural Pesticide Illness amp Injury
TABLE 30
FED
CA
FL
OR
WA
TX
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
44
ACTIVITY PERCENT TOTAL
Applying
Mixing-Loading
Transport-Disposal
Repair-Maintenance of Equipment
Any Combination Above
Routine Work Not Applying Pesticide
Other or Unknown
28
6
1
2
3
52
8
493
103
19
29
61
912
139
Activity at Time of Pesticide Exposure
TABLE 31 1
All reported agricultural exposures (2002-2006) SENSOR-Pesticides Database last accessed last accessed September 20 2010
1
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
45
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
46
CONCLUSION
bull
bull
bull
FEWER PROTECTIONS IN RISKIER EMPLOYMENT
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
47
COMPLIANCE AND EFFECTIVENESS OF FARMWORKER PROTECTIONS UNKNOWN
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
48
A POPULATION VULNERABLE TO ABUSES AND EXPLOITATION
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
49
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
50
HELPING FARMWORKERS THROUGH GREATER PUBLIC AWARENESS CREATING A DEMAND FOR ACCOUNTABILITY IN THE FOOD SYSTEM
1 Highlight the role of farmworkers in the US food system through existing data
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
51
2 Translate existing farmworker data into accessible and meaningful formats
3 Provide greater consumer choice through local-level data
4 Promote greater accountability in the food-system through consumer choice
5 Foster cross-sector collaboration
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
52
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
53
APPENDIX I TECHNICAL NOTES
ldquoNO DATA NO PROBLEMrdquo
I Minimum Wage and Hour Standards
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
54
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
55
II Labor Protections for Children and Youth Farmworkers
III Farm Labor Contractors
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
56
IV Housing amp Transportation
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
57
V Unemployment Insurance
VI Collective Bargaining
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
58
VII Farmworkers in Forced Labor
VIII Workerrsquos Compensation
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
59
IX OSHA Inspections and Violations
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
60
X Heat Stress
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
61
XI Pesticide Safety and Regulations
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
62
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
63
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States
64
APPENDIX II Farmworker Information and ResourcesGENERAL INFORMATION ON FARMWORKERS
FARMWORKER HEALTH
CHILD LABOR
FORCED LABORTRAFFICKING
STATE RESOURCES
California
North Carolina
Oregon
Washington
Texas
Other States