Dave Cortese, who most recently stopped by Los Gatos Council during the farewell for former Town Manager Laurel Prevetti, today turned his attention to the plight of those who do the food-production heavy-lifting.
In a release, Cortese (D-Silicon Valley) commended the Cal Occupational Safety and Health Administration (OSHA), for citing and investigating retaliation claims against labor contractor Ruiz Farm in Dixon—just east of the Bay Area.
“Cal/OSHA has cited Ruiz Farm Labor in Dixon $17,550 for three serious-category violations of California’s heat illness prevention standard,” a spokesperson from his office said.
The Ruiz Farm Labor investigation was launched on June 13, following reports 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, the rep added.
“This case brought to light a statewide problem of failing to protect farm workers from heat illness during California’s many heat waves—from the bottom of the state to the top,” said Cortese, who has agricultural roots himself. “I recognized the ‘Yolo Six’ on the floor when getting Senate Bill 1299 passed, making it easier for farmworkers to claim workers’ compensation for heat-related injuries.”
Others in Sacramento haven’t been as focused on this issue as he’d like to see, Cortese continued.
“Governor Newsom vetoed my bill, but I remain committed to improving the working conditions of the people who put food on our tables,” he said. “I am grateful Cal/OSHA is also taking action and investigating.”
Nearly half of farmworkers report that their employers aren’t complying with existing heat prevention laws and regulations, a UC Merced study recently found.
“The farmworkers are fearing retaliation if they report it,” said Cortese.
Senate Bill 1299, which Cortese put forward, would’ve established the Farmworker Climate Change Heat Injury and Death Fund which was designed to be funded on a one-time basis from the existing Worker’s Compensation Administration Revolving Fund.
Had it become law, it would’ve promoted compliance with existing outdoor heat regulations through a rebuttable presumption for heat-related injury and death, Cortese’s office said, adding SB 1299 would’ve ensured farmworkers who suffer a work-related heat injury, illness—or death—as a result of working for a noncompliant employer would be treated and compensated quickly.
According to Cortese, SB 1299 actually wouldn’t’ve created any additional workers’ compensation benefit, beyond what is already in place.