Image by Gerd Altmann from Pixabay 

What you need to know: Cal/OSHA has cited a farm labor contractor in Dixon $17,550 for failing to protect its employees from heat illness. The inspection was opened in June after receiving reports that the employer allegedly fired farmworkers who left their work shifts early during a heat wave due to inadequate protections.

October 8, 2024 - Sacramento - Cal/OSHA has cited Ruiz Farm Labor in Dixon $17,550 for three serious-category violations of California’s heat illness prevention standard. The complaint-based inspection was launched on June 13, 2024, following reports that the farm labor contractor turned a group of farmworkers, known as the Yolo Six, away after they left their work shifts early during a heat wave.
Cal/OSHA’s investigation determined the employer did not:

• Implement high heat or emergency response procedures.
• Provide effective heat illness prevention training for supervisors and non-supervisory employees.
• Follow its own written heat illness prevention plan for acclimatizing employees during the first 14 days of working in direct sun and in temperatures that reached over 95 degrees.

Cal/OSHA Chief Debra Lee said: “Every worker should be treated with dignity and respect, and no one should face retaliation for protecting their health. Employees deserve a safe work environment, especially in extreme conditions, and businesses that fail to follow the rules will be held accountable.”

The Labor Commissioner’s Office is investigating the alleged retaliatory action, and the Agricultural Labor Relations Board is investigating unfair labor practice claims that agricultural workers filed against Cooley Enterprises, Inc., the company that hired Ruiz Farm Labor Contractor.

Ruiz Farm Labor has appealed the citations issued by Cal/OSHA.

Employees who believe that they have been discharged or retaliated against for complaining about safety or health conditions, practices or who refused to work because such work would violate a safety or health standard may file a retaliation complaint with the Labor Commissioner. Remedies may include lost wages, reinstatement, and other penalties.

Cal/OSHA investigates heat-related incidents and complaints of hazards at outdoor worksites in industries such as agriculture, landscaping, and construction. These investigations ensure compliance with the heat illness prevention standard and the injury and illness prevention standard.

Cal/OSHA’s Heat Illness Prevention special emphasis program includes enforcement of the heat regulation as well as multilingual outreach and training programs for California’s employers and workers. Details on heat illness prevention requirements and training materials are available online on Cal/OSHA’s Heat Illness Prevention web page and the 99calor.org informational website. A Heat Illness Prevention online tool is also available on Cal/OSHA’s website.

Cal/OSHA helps protect workers from health and safety hazards on the job in almost every workplace in California. Employers who have questions or need assistance with workplace health and safety programs can call Cal/OSHA’s Consultation Services Branch at 800-963-9424.

Workers who have questions about heat illness prevention in indoor and outdoor places of employment can call 833-579-0927 to speak with a Cal/OSHA representative Monday through Friday from 9 a.m. to 7 p.m. Complaints about workplace safety and health hazards can be filed confidentially with Cal/OSHA district offices.

Cal/OSHA has established the Heat Illness Prevention (HIP) Network, a voluntary partnership aimed at increasing awareness among employers and workers about the importance of preventing heat illness in California and the importance of taking steps to prevent work-related illnesses and fatalities. To join the HIP Network, email HIPNetwork@dir.ca.gov.

Employers with Questions on Requirements May Contact: InfoCons@dir.ca.gov, or call your local Cal/OSHA Consultation Office

The California Department of Industrial Relations, established in 1927, protects and improves the health, safety, and economic well-being of over 18 million wage earners, and helps their employers comply with state labor laws. DIR is housed within the Labor & Workforce Development Agency
Source: California Department of Industrial Relations