Health & Occupational Safety

Friday, 18 November 2016

Yesterday, 6 ½ years after proposing rules to update protections for workers from slip, trip, and fall hazards, OSHA issued a final fall-protection regulation that excludes workers on farms, ranches and dairies. Farmworker Justice is extremely disappointed that the final rule excludes agriculture from these important safeguards.
Worker injuries and deaths related to falls in agriculture are among the highest in all industries. OSHA’s explanation of the regulation repeatedly refers to the submission by Farmworker Justice as well as other worker advocates of extensive evidence to show the prevalence of falls in agriculture and that these injuries are easily preventable.

OSHA declined to include agricultural operations in the final rule, stating that the agency has not gathered and analyzed data and information necessary to support a rule. The agency had ample time – years -- to study farmworkers’ injuries and deaths resulting from falls from ladders and machinery and other hazards.
The agency did attempt to narrowly define what is covered under the agriculture exemption, stating that “if an operation performed on a farm is not an “agricultural operation” or integrally related to an agricultural operation, such as a food manufacturing or other post-harvesting operations, then the final general industry rule applies.”
Farmworker Justice will continue to help farmworkers advocate to end the history of discrimination in occupational safety standards and improve occupational safety and health in their workplaces. The full text of OSHA’s standard on “Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems)” is available here. The comments submitted by Farmworker Justice are here

by Virginia Ruiz
(0 total comments)
Tuesday, 18 October 2016

[Editor’s note: This guest blog post comes from Migrant Clinicians Network’s blog, “Clinician-to-clinician: A Forum for Health Justice.” The original blog post can be found here. Migrant Clinicians Network is a nonprofit focused on health justice for the mobile poor.]

By Amy Liebman, MPA, MA, Director of Environmental and Occupational Health, and Claire Hutkins Seda, Writer & Editor, Migrant Clinicians Network

Last week, the Labor the picture is even more complicated. They typically labor in jobs that regularly post the highest numbers of injuries each year, like farming, fisheries, industrial food processing, dairies, and construction. On top of that, they often have very low pay rates and job insecurity, due to the often temporary nature of their work. Consequently, their basic economic security is often in jeopardy, even without an injury at work. This critical segment of our country’s workforce -- the immigrants who build the roofs over our heads, harvest the vegetables on our dinner plate, and head to work to clean our office buildings while we head to bed -- is in dire need of sufficient protection considering their financial concerns and likelihood of injury. And, for some of those workers, the system doesn’t provide any protection at all.

While state-based workers& Department put out a report on state-based workers’ compensation rules. The report calls for an increased federal role in workers’ comp to ensure that injured workers are provided with adequate insurance benefits to keep them afloat while they heal -- the original intent of workers’ comp. “Recent years have seen significant changes to the workers’ compensation laws, procedures, and policies in numerous states, which have limited benefits, reduced the likelihood of successful application for workers’ compensation, and/or discouraged injured workers from applying for benefits,” the report reads, calling out denial of claims that were previously compensated and a decrease in cash benefits as examples of the weakening of workers’ comp around the country. Such changes challenge the insurance system’s effectiveness in providing a timely return of the worker to work and may diminish the ability for public health officials to understand trends in injuries in order to address ongoing hazards, through a review of workers’ claims.

For immigrant workers,rsquo; comp laws have existed in the US since 1911, the laws when first enacted didn’t cover all workers; those employed in agriculture were mostly excluded from most workers’ comp laws, leaving them out of the insurance system entirely.

Today,14 states require employers to provide agricultural workers the same workers’ compensation insurance as workers in other industries. (See MCN’s Pesticide Reporting and Workers’ Comp in Agriculture Map to see state-by-state requirements.) So, for farmworkers, who have been excluded by the state systems, federal involvement may be the only way to gain more inclusion. For those farmworkers who are covered, the increasingly weak and broken workers’ comp system is two steps forward and one step back.

We at Migrant Clinicians Network applaud the Labor Department’s report in calling out the weakening state workers’ compensation systems. We call on states across the US to both augment its rules to allow for farmworkers to benefit from workers’ comp, while simultaneously fortifying its safety net to assure that workers’ comp can effectively protect injured workers of any industry.

Resources:
Learn more about workers’ comp for farmworkers, state-by-state on Migrant Clinicians Network’s Workers’ Comp and Pesticide Exposure Reporting map, here.

Read the Labor Department’s report, here.

Learn more about workers’ comp in the US today in ProPublica/NPR’s 2015 investigative reports, here.


 

by
(0 total comments)
Thursday, 11 August 2016

Since their inception, community and migrant health centers have proven to be a vital access point to health care for farmworkers and their families. The Migrant Health Act of 1962 and Economic Opportunity Act of 1964 set in motion the network of locally driven, federally supported health centers that exist today. By having patient representation on the board of directors and partnering with other local organizations, health centers are able to evolve to meet the needs of farmworkers. As a result, health centers are often the most viable, affordable, and culturally competent providers of primary care for farmworkers.

Farmworkers face a number of barriers to care. In focus groups conducted by Farmworker Justice last year, many workers and promotores de salud discussed barriers such as transportation, language access (including availability and quality of interpretation services), cost, and clinic operating hours. They are also a highly mobile population who may need care coordination across multiple states.

Migrant health centers work to mitigate these challenges by performing enabling services such as outreach, translation, and case management. With farmworkers on their boards of directors, they are able to institute policies to respond to the needs of the community. For example, in recognition of the transportation barriers in rural communities, many migrant health centers have mobile clinics at farmworker labor camps, with some even arranging transportation to the clinic. Additionally, because most farmworkers lack health insurance and their average wages are near the federal poverty line, health centers offer care on a sliding fee scale.

In response to an FJ needs assessment survey last year, almost universally, workers, promotores de salud and community organizations cited the local health center as a critical source of primary care for farmworkers and their families when asked about health care access in their communities. Promotores reported that the health centers were very engaged with getting information and educational materials out in the community. Workers found the providers to be compassionate. However, according to data from the Bureau of Primary Health Care, in 2014, community and migrant health centers only served approximately 20% of the nation’s farmworkers and their family members.

To increase farmworker utilization of health center services, FJ participates in the AgWorker Access 2020 Campaign, led by the National Association of Community Health Centers and the National Center for Farmworker Health. The goal of the initiative is for health centers to serve 2 million farmworkers and their families by 2020. FJ provides training and technical assistance to health centers to help them address the factors that affect farmworkers’ access to health services. FJ also leverages partnerships with community-based farmworker organizations, legal services providers, Migrant and Seasonal Head Start, and other farmworker-serving organizations to strengthen relationships between the health center and the community it serves. 

FJ is proud to celebrate Health Center Week and is committed to working with health centers to continue their strong tradition of providing health care in farmworker communities.
 

by Matt Clark
(0 total comments)
Subscribe to Health & Occupational Safety