Pesticides

Farmworker Justice Update - 04/06/18

Farmworker Justice Update: 04/06/18

California Agricultural Employers Decry Labor Shortage

A recent article discussed California agricultural employers’ concerns about labor shortages. Some growers claim that labor shortages caused crops not to be picked (but the article did not note that there can be financial reasons for a farmer limiting a harvest). Increased fears of immigration enforcement and deportations have had a chilling effect on the movement among farms by some undocumented workers. The lack of affordable housing near job sites is also cited by employers throughout the article as a challenging factor in retaining employees. The article mentions Swanton Berry Farm, the first certified organic farm in the U.S. to sign a labor contract with the United Farm Workers (UFW) as an example that could be emulated by other employers. Swanton’s labor contract includes health insurance, vacation leave, pensions and other benefits, including on-site housing. The article also mentions the growth of the cannabis industry as a higher-paying alternative for some agricultural workers. Although the article notes the potential for new harvesting technologies, employers recognize that many crops, including berries, will still rely on human labor.

President Trump Plans to Deploy National Guard to U.S.-Mexico Border

On April 4, President Trump signed a proclamation directing the National Guard to deploy to the southern U.S. border with Mexico. President Trump had previously stated that he wanted to deploy military personnel to the border until he is able to complete construction of a border wall. On April 5, President Trump stated that between 2,000 and 4,000 National Guard troops could be sent to the border. The decision comes at a time when unauthorized migration to the U.S. is at an all-time low, as are border apprehensions, and many apprehensions are actually asylum seekers who present themselves willingly to border agents seeking assistance. As noted by the Southern Border Communities Coalition (SBCC), this decision is of great concern to the local communities who will suffer from increased militarization of the border.

DOJ Sets Performance Quotas for Immigration Judges

The Department of Justice (DOJ), led by Attorney General Jeff Sessions, recently announced that it is setting quotas for immigration judges as part of a broader attempt to speed up deportations. The new quotas will require immigration judges to clear at least 700 cases a year, regardless of the merits or complexities of the cases involved. Immigration lawyers and judges have voiced their opposition to the quotas, stating that they will undermine judicial independence and erode due process rights for immigrants.

Trump Administration Seeks to Add Citizenship Question to 2020 Census

On March 26, the Trump administration announced that it plans to include a citizenship question in the 2020 census. The census, which is constitutionally mandated, is used to apportion Congressional representation and federal funds to states. Experts fear that the inclusion of an immigration question will lead to lower response rates and/or inaccurate census data, with significant political and economic impacts for both immigrant and non-immigrant communities. Furthermore, the immigration question is unnecessarily intrusive and may raise concerns about the confidentiality of the census’ personal information and how government authorities may use that information. There are already many challenges in ensuring an accurate count of farmworkers in the census and questions regarding citizenship status will only worsen this problem. On April 3, seventeen state attorney generals filed a lawsuit against the Trump administration challenging the decision to add a citizenship question to the census. The lawsuit notes that both the Census Bureau and all its living former directors have warned that questioning residents about their immigration status would jeopardize the accuracy of the census. As noted by Mother Jones, an unfair and inaccurate census could have negative impacts for decades to come.

Update on Farmworker Health and Safety

New Draft of “Public Charge” Proposal Would Harm Low-Wage Immigrant Workers

The Washington Post recently obtained a new draft of a Department of Homeland Security (DHS) “public charge” proposal which would penalize immigrants for using public benefits. The draft proposal, which has been mentioned in prior Farmworker Justice updates, would apply to those seeking immigration visas or legal permanent residency in the U.S. Applicants could be denied the immigration status they seek if they have used welfare or public benefits in the past, even if said benefits were for their U.S.-citizen dependents. The latest draft proposal would even penalize people in families that used popular tax deductions such as the Earned Income Tax Credit (EITC). The EITC benefits families with low-income workers, among whom are most farmworkers because of the low wages most farmworker receive. DHS officials have said the proposal is not finalized, but the agency has also said that it is preparing to publish the proposed rule changes soon.  Farmworker Justice will continue to monitor the proposal and will send an update if and when the proposal is finalized and published.

PPDC Member Letter Notes EPA’s Mischaracterization of Policy Discussion

A recent Think Progress article focuses on a letter sent by several members of the Pesticide Program Dialogue Committee (PPDC), including Farmworker Justice, to the U.S. Environmental Protection Agency (EPA). The PPDC is a federal advisory committee that holds public meetings to discuss the EPA’s policies regarding pesticides. The letter, which was sent to EPA leadership last month, denounces the agency’s mischaracterization of a November 2017 PPDC meeting that focused on two key worker protection rules: the Worker Protection Standard (WPS) and the Certification of Pesticide Applicators Rule (CPA). The EPA mischaracterized the policy discussion in a way that suggested more support for EPA Administrator Pruitt’s plans to weaken these rules.

As noted in previous Farmworker Justice updates, under Administrator Pruitt, and in response to demands from agribusiness groups, the EPA recently announced that it will begin a new rule-making process to roll back important parts of these rules. The key WPS provisions under threat include a minimum age of 18 for handling pesticides, the right to a representative who can access pesticide exposure information, and safety measures to prevent exposure to bystanders during pesticide applications. The EPA has also announced plans to reconsider the minimum age provisions in the CPA rule. Farmworker Justice, along with a broad coalition of farmworker and environmental organizations, opposes weakening worker protections and urges the EPA to move forward with full implementation and enforcement of the existing WPS and CPA rule. On March 31, Farmworker Justice sent a letter to EPA Administrator Pruitt on behalf of more than 125 organizations representing children, faith, agriculture, health, labor, human rights and environmental organizations, opposing the EPA’s efforts to weaken the protections for workers and their families provided by the WPS and CPA rule.

Farmworker Justice Update: 03/23/18

Farmworker Justice Update: 03/23/18

Congress Passes FY 2018 Appropriations Bill, Presidential Approval Still Pending

Last night, Congress approved an omnibus appropriations package covering the rest of FY 2018. FY 2018 began on October 1, 2017 and runs through September 30, 2018.  Due to Congress’ inability to pass an appropriations bill for the full year; however, it instead issued a series of short-term continuing resolutions, with the latest one set to expire today (March 23). The spending package that was just passed by Congress must still be approved by the White House by midnight tonight in order to avoid a government shutdown. However, this morning, President Trump threatened to veto the legislation because he disagrees with some of its immigration provisions. Issues related to immigration were a significant part of the heated negotiations leading to the final omnibus package.

The omnibus does not provide any solution for Dreamers. Although President Trump ended the Deferred Action for Childhood Arrivals (DACA) program months ago, Congress still has not fixed the problem he created for these young people, who are left without lasting protections. DACA recipients are currently able to apply to renew their status as a result of recent court decisions compelling the government to receive such applications. However, this option is only available to current DACA recipients, leaving out many young people who may have otherwise been protected under the program. President Trump and his Congressional allies had sought significant increased funding for his deportation agenda—including funding for additional immigration agents and detention capacity, as well as massive funding for construction of a wall along the U.S.-Mexico border.  The final provisions of the omnibus did not include the full increases in funding sought, thanks to the efforts of advocates and some Congressional members. However, the final agreement still includes increased funding for border buildup and immigration enforcement.

Additionally, during the budget negotiations leading up to the current proposal, there were over 100 potential legislative riders discussed, including riders seeking to expand both the H-2A and H-2B temporary guestworker visa programs. Thankfully, these riders were ultimately not included in the final appropriations package, although previous provisions impacting the H-2B program remained in the FY18 omnibus.

H-2A Program Continues to Grow

Statistics from the Department of Labor’s Office of Foreign Labor Certification (OFLC) show that the H-2A agricultural guestworker program continues to grow exponentially. According to the OFLC, there were a total of 32,084 H-2A positions certified during the first quarter of FY18, an increase of approximately 15% over the same period in FY17. Almost 97% of the applications received were processed in a timely manner. These statistics show that despite employers’ allegations that the H-2A program is unworkable, they continue to use it at increasing rates and recognize that the H-2A program has provided them with sufficient  labor to grow their businesses. The ongoing drumbeat of employer complaints about the H-2A program represents their campaign to reduce the modest but fundamental protections in the program. Farmworker serving organizations in the states where the program has significantly increased are concerned about the H-2A program’s impact on the existing migrant and seasonal farmworker community. The lack of adequate housing available for guestworkers is another issue that must be addressed.

Immigration Enforcement Has Tragic Consequences for Farmworker Families

On March 13, a farmworker couple in Kern County, California was driving in search of work when they were stopped by immigration agents. Fearing deportation and separation from their six children, ages 8 through 18, they attempted to flee. Tragically, they crashed into a pole, dying on impact. ICE later clarified that they were not the individuals the agency had been looking for. Earlier this month, at least 26 farmworkers in the same county were detained in a massive immigration enforcement action. Many of them were stopped on their way to work by unmarked vehicles. A recent Time magazine article highlights the terrible impact of family separation on farmworker families. The father featured in the story was recently deported and the mother is struggling to make ends meet and afraid to be separated from her young daughters. Unfortunately, this story is all too common in farmworker and immigrant communities across the nation.

Farmworker Women Protest Wendy’s Failure to Act on Sexual Harassment

The Coalition of Immokalee Workers (CIW) has been calling on Wendy’s to join its Fair Food Program, a corporate social responsibility program that addresses sexual harassment and other abuses in the food labor chain. Wendy’s has refused to join and has also shifted the purchase of its tomatoes to tomatoes produced in Mexico, where farmworkers often endure child labor, forced labor, sexual harassment, horrific living conditions and other abuses. On March 15, farmworker women held a protest in New York City focused specifically on the sexual abuse faced by female farmworkers. The march followed a five-day hunger strike.

Update on Farmworker Health and Safety

8th Anniversary of the Affordable Care Act (ACA)

This week marks the 8th anniversary of the signing of the Affordable Care Act. A lot has happened in the last 8 years. Farmworkers experienced numerous challenges to enrollment. Yet thanks to the ACA, many farmworkers and their families became newly eligible for and enrolled in affordable, comprehensive health insurance. Some H-2A workers, for example, gained health insurance for the first time, allowing them to access primary, preventative health care. In California, the San Joaquin Valley and other rural communities had some of the greatest gains in coverage thanks to Medi-Cal expansion to childless adults and undocumented children. Unfortunately, these gains are now under threat. These threats include: the repeal of the individual mandate penalty in 2019, cuts to navigator/assister programs, the implementation of work requirements on Medicaid recipients, and the promulgation of regulations that weaken ACA protections, to name a few. Farmworker Justice continues to work with our national and local partners to protect farmworkers’ access to health insurance and health care.

Immigrants Fearfully Abandoning Public Nutrition Services

According to a recent New York Times article, state and local statistics confirm what immigration and public health advocates already suspected: immigrants are withdrawing from essential nutrition services due to fears over the potential immigration consequences of accessing these services. Some of this fear stems from a leaked draft of regulations by the Department of Homeland Security (DHS) which would allow officials to factor in the use of benefits in immigration decisions, including eligibility for legal permanent status. A proposed regulation has not yet been published and it is unclear whether the regulations will ever be published or whether they will have the same language as the leaked draft.

The leaked draft encompasses a broad range of services, including the Supplemental Nutrition Program for Women, Infants and Children (WIC), the Supplemental Nutrition Assistance Program (SNAP), the Children’s Health Insurance Program (CHIP), Head Start programs, Medicaid, ACA tax subsidies, and even housing and transit subsidies. As a result, many immigrant families, including those with U.S. citizen children who are eligible for these services, have canceled appointments, requested disenrollment and asked for their information to be purged from providers’ databases. This trend is likely to have significant negative effects on public health, particularly on the health of immigrant children. Farmworker Justice is monitoring this issue and will provide additional information upon publication of a proposed rule.

Senators Ask EPA Not to Weaken Rules Protecting Farmworkers from Pesticides

On March 13, twenty-eight U.S. Senators, led by Senators Udall, Harris, Booker, Blumenthal and Feinstein, sent a letter to the Environmental Protection Agency (EPA) urging that existing worker protection rules be preserved. As noted in previous Farmworker Justice updates, the EPA is attempting to roll back crucial provisions of the Worker Protection Standard (WPS) and Certification of Pesticide Applicators Rule (CPA), including minimum age requirements, workers’ rights to access pesticide information, and application guidelines for avoiding exposure for workers and bystanders. The Senators’ letter clarifies the scope of these requirements and their importance for protecting farmworkers, children and the communities in which they live and work.

Senator Udall has placed a hold on the reauthorization of the Pesticide Registration Improvement Act (PRIA) due to his concerns about the EPA’s efforts to weaken existing worker protections. As noted by the Huffington Post, the Trump administration has repealed or stalled a host of workplace protections at the behest of employers, and the EPA has been one of the most aggressive agencies in wiping away Obama-era regulations. Farmworker Justice and Earthjustice filed a lawsuit on behalf of farmworker and environmental groups against the EPA last year for unlawfully delaying the CPA rule without proper notice of its actions. (The rule was supposed to be implemented in March 2017 and had been delayed until May 2018.) On March 21, 2018, a U.S. District Court granted summary judgment in this case. As a result, the EPA’s delay was vacated and the CPA rule is deemed to be in effect.

March 24-31 is National Farmworker Awareness Week, in Honor of Cesar Chavez’s Birthday

For more information on digital and in-person events during the week, as well as ideas on how to get involved, please visit Student Action with Farmworkers (SAF)’s website. Farmworker Justice will be publishing blogs on different aspects of farmworkers’ lives throughout the week.

 

Farmworker Justice Update - 01/12/18

Farmworker Justice Update: 01/12/18

Administration’s Focus on Agriculture and Rural Issues Ignores Farmworkers

On January 8, U.S. Department of Agriculture (USDA) Secretary Sonny Perdue publicly released a report that had earlier been given to President Trump by the Interagency Task Force on Agriculture and Rural Prosperity. The publication of the report was timed to coincide with President Trump’s recent appearance at the American Farm Bureau Federation conference. The Task Force was created in response to an April 2017 Executive Order, with the objective of developing proposals for revitalizing rural America. The report is fundamentally flawed however, as it ignores the interests and needs of farmworkers and their families. Though it notes the agricultural sector’s reliance on immigrant labor, it does not address the need for a path to citizenship for agricultural workers, instead stating that the Administration may pursue regulatory reforms to the H-2A agricultural visa program. Farmworker Justice issued a statement regarding the report.

Agricultural Employers Increasingly Turning to Guestworkers for Labor

Though the President notably did not mention agricultural labor during his speech at the American Farm Bureau Federation conference in Tennessee, he did discuss the issue informally with some of the conference participants. As noted in a recent Los Angeles Times article, use of the H-2A agricultural guestworker program has continued to increase exponentially. Many employers are lobbying for changes to the program and/or the creation of a new guestworker program to strip away labor protections and reduce government oversight.

Goodlatte’s New Immigration Proposal Includes Agricultural Guestworker Bill

On January 10, Rep. Bob Goodlatte, Chair of the House Judiciary Committee, along with Representatives McCaul, Labrador and McSally, released a hard-line anti-immigration proposal entitled the “Securing America’s Future Act.”  The bill incorporates the provisions of Rep. Goodlatte’s anti-immigrant, anti-worker Agricultural Guestworker Act (AGA), which he introduced in October 2017. As noted by Farmworker Justice’s Adrienne DerVartanian in an interview in Civil Eats, the AGA “would create a temporary workforce with no ability to become legal immigrants, who are completely dependent on their employers, and who have extremely minimal protection.” We previously summarized the AGA’s proposal for a terribly exploitative new H-2C agricultural guestworker program.

Rep. Goodlatte’s proposal also includes other anti-immigrant policies, including building a costly border wall, increasing arrests and deportations of immigrants, attacking sanctuary cities, and eliminating existing opportunities for family reunification as well as the diversity visa program. With this proposal, Rep. Goodlatte, a long-time immigration restrictionist, is trying to push his extreme anti-immigrant agenda and obstruct a much-needed solution for Dreamers. Farmworker Justice’s statement opposing Rep. Goodlattes’s Securing America’s Future Act is available here.

Dreamers’ Fate Continues to Hang in the Balance amidst Congressional Negotiations

On January 9, President Trump met with multiple Congressional leaders from both parties to discuss a possible solution to his rescission of the Deferred Action for Childhood Arrivals (DACA) program. Unfortunately, the meeting did not provide clarity on what a potential DACA compromise might be, or when it might be reached. Two days later, Congressional leaders met with Trump to present a bipartisan compromise on DACA and other issues of concern to the President, who reportedly questioned why the United States should allow immigrants from “shit-hole” countries, including Haiti, as contrasted with Norway. This Vox article provides a summary of these recent immigration negotiations, which are still unfolding.

Congress faces a January 19 deadline to pass a budget resolution, as the current continuing budget resolution, which was approved at the end of last year, expires on that date.  The official rescission of DACA occurs on March 5, when thousands of Dreamers will lose their status, but thousands of Dreamers already have lost their status, with an average of 122 Dreamers losing their status every day.  A clean Dream Act needs to be included as part of any new budget package. Furthermore, the fate of Dreamers should not be exploited in order to enact anti-immigration measures that will negatively impact Dreamers’ own families and communities.

Judge Temporarily Blocks DACA Termination

On January 9, a federal judge issued an order blocking the Trump Administration’s termination of the DACA program. The preliminary injunction was the result of an ongoing lawsuit regarding DACA, Regents v. DHS, and requires the government to continue to accept and process DACA renewal applications. However, by definition, a preliminary injunction is not a permanent solution, and the Administration will likely appeal the decision. Therefore, this litigation development should not distract from the urgency of Congressional action regarding DACA, as this is the only way to provide a permanent solution for Dreamers.

DHS Terminates El Salvador TPS Designation

In yet another devastating blow to our country’s immigrant community, on January 8 the Department of Homeland Security (DHS) announced the termination of the Temporary Protected Status (TPS) designation for El Salvador within an 18 month period (by September 9, 2019). DHS terminated the TPS designations of three other countries (Nicaragua, Haiti and Sudan) last year, and the fate of the TPS designation for Honduras currently remains uncertain. El Salvador has the largest number of TPS recipients, with over 200,000 individuals, as well as over 190,000 U.S. citizen children with at least one parent who is a TPS recipient. This ill-advised decision will have significant adverse social and economic impacts, including in the nation’s capital, where about 40,000 Salvadoran immigrants hold TPS. Farmworker Justice participated in a rally outside the White House to protest the decision. Read Farmworker Justice’s statement on the announcement here.

Update on Farmworker Health and Safety

EPA Seeks to Undo Crucial Worker Protections Regarding Pesticides

As detailed in a recent Huffington Post article, the Environmental Protection Agency (EPA) is preparing to roll back crucial worker protections regarding pesticides. The EPA has announced that it will soon begin a new rule-making process on certain provisions of the Worker Protection Standard (WPS) and Certified Pesticide Applicator (CPA) rules, both of which were recently updated after a decades-long, multi-stakeholder process. The key provisions that are now under threat, and which Farmworker Justice and other worker groups have long advocated for, include a minimum age of 18 for handling pesticides, the right to a representative that can access pesticide exposure information and the establishment of a pesticide application exclusion zone to prevent exposure to bystanders.

The EPA’s decision to reverse course on these worker protections is likely a response to lobbying from the American Farm Bureau, the leading industry group for growers, which has been pushing for a roll back of these protections for years. At its January 9 meeting, the Farm Bureau stated that it was hopeful that these worker protections could be repealed under the current Administration.  These and other protections are necessary to prevent and respond to pesticide exposures among farmworkers and their children because they can cause a range of serious injuries and illnesses, including birth defects, cancer, infertility and neurological deficits.
 

Fighting for Farmworkers & Our Environment: NHLA & Farmworker Justice Statements on EPA Nomination and Proposed Pesticide Applicator Rules

Latino Leaders Oppose the Confirmation of E. Scott Pruitt to the Position of Administrator of the EPA

WASHINGTON, D.C. - The National Hispanic Leadership Agenda, a coalition of 40 of the nation’s preeminent Latino advocacy organizations, unanimously adopted a motion, presented by the Hispanic Federation, opposing the nomination of Oklahoma Attorney General E. Scott Pruitt as Administrator of the Environmental Protection Agency (EPA), citing his long record working to undermine the environmental protections and enforcement entrusted to this vital agency.

The mission of the EPA and its administrator is to protect public health and safeguard our environment. However, over the past five years, Oklahoma Attorney General Pruitt has used his position to repeatedly attack crucial clean air and clean water protections to the detriment of the health and well-being of millions of Americans.

As Latino leaders we have cause to be particularly troubled by this choice. Asthma and other respiratory diseases are more prevalent in Latinos living in inner cities near polluting power plants, truck routes, and factories. Latinos also make up a disproportionately large number of the workers in agricultural field occupations, where they are exposed to health hazards, bad air quality, and economic impacts of extreme weather. Meanwhile Latino children are more likely to die from asthma than non-Latino white children, and many states that are home to the country’s largest Latino communities are ground zero for the impacts of climate change, including extreme heat, drought, and sea level rise.

“Our communities strongly support efforts to reduce air, water, and climate pollution, and we support policies that cre ate good paying clean energy jobs,” said Hispanic Federation President, José Calderón. “With millions of Americans negatively impacted by air pollution, water pollution, and climate change, we simply can’t afford to have an administrator who doesn’t believe in the value of protecting our environment,” continued Calderón.

“EPA plays an important role in protecting agricultural workers and their families from exposure to pesticides and other toxins. We need an EPA administrator who will work hard to protect the health of the agricultural communities that are a vital part of the social and economic fabric of American rural communities,” said Bruce Goldstein, President of Farmworker Justice.

Nine in 10 Latinos want action on climate, while 97 percent of Latino voters agree we have a moral obligation to take care of our environment. We now look to the Senate to ensure that the next leader of EPA is someone one who will advance environmental and health protections for Latinos and for all Americans.

Farmworker Justice’s Statement on EPA’s Certification of Pesticide Applicators Rule

Farmworker Justice is pleased that the EPA has published important changes to regulations that govern the certification, training and supervision of individuals who apply high-risk pesticides. The Certification of Pesticide Applicators rule (40 CFR 171), which has not been updated in nearly 40 years, provides national competency standards for those who may purchase and apply ‘restricted use pesticides’ (RUPs). A pesticide is classified as restricted if it poses heightened risk to people or the environment.

The new rule imposes stricter standards to protect human health and the environment and reduce risk to those applying pesticides. Currently there is wide variance among state certification and training programs for pesticide applicators, and requirements for supervision of non-certified applicators. We are hopeful that the new national standards will provide greater consistency in the knowledge and competency of applicators across the nation. In addition, those who apply pesticides aerially or by fumigation will have to demonstrate competency to use these application methods which pose high risk to applicators, farmworkers and surrounding communities.

Many farmworkers applying RUPs are non-English speaking, non-certified applicators who are applying these chemicals “under the supervision” of certified applicators. These are the applicators that are the most vulnerable to occupational injury from pesticide exposure. The vast majority are unable to read the application instructions and safety information printed on the pesticide labels, which are almost entirely in English. Although we are disappointed that the EPA does not require pesticide labels to have bilingual content, the revised rule requires supervisors to provide to non-certified applicators the label information about safety precautions and detailed use instructions in a manner and language that the non-certified applicator can understand. The revised rule also includes improved standards for supervision, establishes a minimum age of 18 for applicators, and requires non-certified applicators to receive pesticide handler and safety training in a language they understand.

We hope that the improved regulation will result in greater awareness by pesticide applicators of the risks they face, stronger protections from exposure, and ultimately, fewer pesticide-related injuries, illnesses, and deaths among farmworkers and their family members.

More the 21,000 Signatures on Petition to EPA Being Delivered Today

EPA proposed changes to the WPS last year, and before the public comment period closed in August, hundreds of thousands of individuals urged EPA to do more to protect workers and their families. Today again, we calling on EPA to finalize the WPS by August 18th, one year from the end of that comment period. We will deliver a petition to the EPA later today with more than 21,000 signatures from individuals around the country asking the Agency to act swiftly to prevent further injury to workers from pesticides.

The U.S. EPA’s Worker Protection Standard (WPS) provides basic protections for farmworkers from exposure to pesticides. In 1992, when EPA last updated the WPS, it estimated that farmworkers in this country experienced between 10,000 and 20,000 physician-diagnosed pesticide poisonings annually. While the 1992 revisions led to some improvement in working conditions, the WPS stills fall woefully short of truly protecting workers. In the more than 20 years since those revisions were implemented, further research on the dangers of pesticides and its effect on workers’ health underscore the urgency in strengthening these protections. 

Twenty years is too long to wait. Every growing season that change is delayed results in thousands of preventable exposures to workers and their families.
 

Follow our facebook page for updates from petition delivery event.
 

Worker Protection Standard Comment Period Ends Tonight: Tell the EPA to Protect Farmworkers

Today is the last day that the EPA will accept public comments on proposed revisions to the Worker Protection Standard (WPS) that provides the regulatory minimum for occupational pesticide exposure protection. Other workers who are exposed to toxic substances are covered by stronger protections, issued by the Occupational Safety and Health Administration (OSHA). The result is that the men, women, and children who produce the nation’s food are less protected from workplace hazards than other workers.

Although the proposed changes to the WPS will not address all the challenges in the fields, they are a step in the right direction to prevent pesticide illness. If the final rule includes our recommended improvements, the results will include greater awareness by farmworkers of the risks they face and preventative measures; and fewer pesticide-related injuries, illnesses, and deaths among farmworkers and their family members.

The agricultural industry is working hard to dissuade the EPA from adopting the rules that benefit farmworkers the most. Today, Politico reported the National Association of State Departments of Agriculture submitted comments that “call on the EPA to scrap the proposed changes.”

Farmworker Justice and other farmworker advocates have provided the EPA with extensive information to justify stronger protections for farmworkers. Your voice is needed to make sure farmworker safety does not take a back seat to the interests of agribusiness and pesticide manufacturers.

Please join Farmworker Justice and urge the EPA to protect farmworkers from pesticide exposure. You have until midnight tonight to submit comments.

Visit our website to use our model comments and submit by midnight tonight!
 

Safer Food, Farmworkers and Families : New Coalition to Protect Farmworkers From Pesticide Hazards

As we sit down to Thanksgiving dinner this week, many of us will reflect upon the bounty on our tables. While we enjoy the best of the food season, we should also remember on those who work hard in the fields, facing many dangers and often not earning enough to put food on the table themselves.

This week a coalition of farmworker supporters is launching a new campaign to keep farmworkers safe from one of the biggest hazards they face on the job: exposure to toxic pesticides.

Visit the new website to learn more about pesticides and farmworkers  and add your name to the petition calling on the federal government to fix the outdated pesticide rules that are failing to keep workers – and us – safe from exposure on the job.

Farmworkers are some of the hardest working, yet least protected, workers in our country. Many laws that protect almost every other worker in the U.S. do not apply to farmworkers. There is one set of standards, however, that is designed to help protect the health and safety of farmworkers from pesticide exposure: the EPA’s Worker Protection Standard for pesticides. Yet these standards are grossly inadequate for the men, women and children who are on the frontlines of our food production system. Farmworker Justice released a detailed report about pesticides and the Worker Protection Standard earlier this year titled Exposed and Ignored: How pesticides are endangering our nation's farmworkers.

A healthy, safe, and fair food system would benefit us all, protecting the health and serving the economic needs of farmworkers, farmers, rural communities and consumers. Shifting away from reliance on hazardous pesticides is a key step toward this goal. But as long as harmful pesticides are in use, farmworkers need better protections in the field.

Farmworkers have one of the highest rates of chemical exposures among U.S. workers. They are regularly exposed to pesticides throughout their workday in various ways, from mixing or applying pesticides to planting, weeding, harvesting or processing crops. In addition, farmworkers often live in or near treated fields, and harmful pesticides can drift into their homes. Health impacts can include both acute poisonings and long-term, chronic health effects such as various cancers, Parkinsons’ Disease, asthma, birth defects and neurological harms, including developmental delays and learning disabilities. Farmworkers’ children are particularly at risk.

Current regulations have failed to protect farmworkers and their families from pesticide exposure and harms. California farmworker poisoning data illustrate the extent of this nationwide problem, reporting hundreds of poisoning cases each year. Hundreds more — possibly thousands — go unreported due to workers’ fear of job loss and/or retaliation. Further exacerbating the problem is the fact that many states have weak or nonexistent systems for reporting poisoning incidents.

After more than a decade of broken promises and delays, EPA is now poised to strengthen the rules protecting farmworkers; but the agency needs to do so now and it needs to get it right. EPA must issue revisions to strengthen the Worker Protection Standard before the end of the year. The new regulations should include the following key improvements:

  •  A minimum age of 18 to work with pesticides. Currently teens as young as 16 may work mixing, loading and applying these highly toxic chemicals.
  •  Better and more frequent training on health risks of pesticides.
  •  Worker access to timely information about the use, location, and hazards of specific pesticides on the farm where they work.
  • Special protections for pesticide handlers.
  •  Improved enforcement of safety standards at the state level.

The farmworkers who harvest our food need protection from toxic pesticides. Safe fields go hand in hand with safe food. Add your voice and learn more at www.ProtectFarmworkers.org.
 

NPR Blog- How To Better Protect Farmworkers From Pesticides: Spanish

Dan Charles for NPR recently wrote a blog about the role of pesticide labels in protecting our nation's farmworkers.

Advocates for farmworkers, especially those who grow America's leafy greens and fresh vegetables, are pushing the government to do more to protect those workers from exposure to pesticides.

A 20-year-old regulation — the Worker Protection Standard — is supposed to prevent harmful pesticide exposures on the farm. But activist groups like Farmworker Justice say it falls short, and the Environmental Protection Agency is currently working on a new version .

A new report from Farmworker Justice points out that under the current rules, farmworkers don't get nearly as much information about hazardous chemicals they may encounter as, say, factory workers. (Industrial workers are covered by different regulations, issued by the Occupational Safety and Health Administration.)

And then there's the barrier of language. Pesticides carry warning labels that spell out health risks and how workers should protect themselves — but those labels are usually in English. More than 80 percent of the workers in the "salad bowls" of Salinas, Calif., or Yuma, Ariz., are Hispanic. Many have difficulty communicating in English.

Farmworkers "are frustrated about their lack of knowledge about these chemicals," says Virginia Ruiz, director of Occupational and Environmental Health at Farmworker Justice. Her group, along with many others, submitted formal comments to the EPA arguing that "without bilingual labeling, today's Spanish-speaking agricultural workforce is at great risk for pesticide exposure."

Pesticide companies appear to be split on the issue. One industry trade association, Responsible Industry for a Sound Environment, has opposed bilingual labels, arguing that Spanish translations were unnecessary and would make labels more cumbersome to design. The agricultural chemical company Syngenta, on the other hand, endorsed the idea.

The proposed regulations face a long road before they'd ever take effect. Once the EPA finishes its draft, the document has to go through a review by the White House before it is even released for public comment. It could be years before the regulations are final.

In the meantime, though, some activist groups (including Farmworker Justice and Oxfam America ) have joined forces with food companies (Costco!) to attack the problem on their own, through a newEquitable Food Initiative. The initiative is based on the idea that giving farmworkers more power, responsibility and money will lead to better, higher-quality food production.

The initiative has drawn up standards that (among many other things) are supposed to reduce the use of pesticides and share information — in any language — about how to handle them safely. On each farm, a worker-manager team is responsible for meeting the standard.

"The whole point is to get the team on-site to own this obligation," says Peter O'Driscoll, the initiative's project manager, who works with Oxfam America. 

A Call to EPA: Update the Worker Protection Standards & Protect Farmworkers from Pesticide Exposure

Improving the health and safety of migrant and seasonal farmworkers and their families has been part of Farmworker Justice’s core mission since its founding 32 years ago. Today, we are releasing a new report, Exposed and Ignored: How Pesticides are Endangering Our Nation’s Farmworkers, which outlines the challenges farmworkers face in keeping themselves and their families safe from pesticides. With the release of this report and the testimonies of the many farmworkers visiting Washington this week, we call on the federal government to act now to provide important protections for farmworkers.

Farmworkers are exposed to pesticides in a variety of ways. Workers are at risk for exposure from direct spray, aerial drift, or contact with chemical residues on the crops they are picking and in the soil. Workers who mix, load, or apply pesticides are at an additional risk of exposure due to spills, splashes, and inadequate or missing protective equipment.

The EPA estimates that as many as 20,000 farmworkers experience pesticide poisoning each year but the real number is likely to be much higher as many workers do not have access to medical care nor is there a national system for keeping track of identified incidents.

For example, last year a crop duster sprayed pesticides over 40 farmworkers working in Arizona. Firefighters were called to the scene and set up a decontamination area where they had the workers remove their clothing in the cold night air and sprayed them with a fire hose. Ten workers were sent to the hospital for treatment. While this case received some local media attention, many more incidents go unreported in the press and even to appropriate authorities.

But the dangers of pesticide exposure extend beyond the field. Farmworker families, especially children, are at risk of elevated pesticide exposure. Pesticide residues cling to workers’ tools, clothes, shoes, and skin and follow them into their homes. Often, their homes are immediately beside or within the fields. Childcare facilities and schools border fields. Many pesticides spread through the air, drifting off target.

The close proximity of agricultural fields to residential areas and schools makes it nearly impossible for farmworkers and their families to escape exposure because pesticides are in the air they breathe, the food they eat, and the soil where they work and play.

The nature of working with crops will likely always involve some occupational danger. But farmworkers deserve more than the set of protections they have now. Regulatory authority for pesticide exposure is in the hands of the US Environmental Protection Agency. The regulations known as the Worker Protection Standard (WPS) have not been updated in over 20 years and are ineffective in preventing exposure in the fields. More than a decade ago EPA admitted that even when there is full compliance with the WPS, “risks to the workers still exceed EPA’s level of concern.” A decade later, those concerns should not be forgotten. It’s time to make changes. Revisions to the Worker Protection Standard are urgently needed to protect farmworkers and agricultural communities at large.

Simple revisions to the WPS should require:

-Better (and more frequent) training on health risks of pesticides and steps to avoid exposure and injury
-Worker access to timely information about the use, location and hazards of specific pesticides on the farm where they work.
-Special protections for pesticide handlers.
-Improved enforcement of safety standards at the state level.

Currently the WPS only requires farmworkers to receive general information about all pesticides but not the specific pesticides being used at their workplace. Every field uses different pesticides. Each pesticide has different health effects. Farmworkers should not receive less information about chemical hazards than workers in other industries.

Just as we establish standards and regulations to protect workers in every industry, we must address the health and safety of the farmworkers who labor each day to put food on our tables. Working and living in hazardous conditions should not be the price farmworkers have to pay to feed their families – and yours. Please call on the EPA to step up to its obligations. Now is the time to update the Worker Protection Standard. Every day we wait is another day that farmworkers are needlessly exposed to toxic pesticides.

Overdue Standards Better Protect People from Human Pesticide Tests

Today, at long last, the EPA issued a new rule that strengthens scientific and ethical protections for tests of pesticides on humans. This rule was the result of a 2006 lawsuit filed against the EPA by a coalition of public health, environmental and farmworker advocates. The groups sued the EPA for issuing a regulation in 2005 that, among other things, did not completely prohibit testing on pregnant women and children, did not guarantee fully informed consent, and permitted unscientific research methods.

The pesticide industry had used unethical experiments involving human subjects to argue for weaker pesticide safety standards. Farmworker Justice, which was one of the counsel in the lawsuit, hopes that the new regulations will result in greater protections for those who are most exposed to pesticides, particularly farmworkers and their families.

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