Agriculture

Farmworkers fear retaliation for airing COVID-19 concerns. What can be done to help?

Some Stanislaus County farmworkers avoid requesting safety measures, reporting COVID-19 issues and even getting tested for fear of retaliation and job loss, according to a study examining agricultural labor issues in California.

Bianca Lopez, co-founder and project director at Valley Improvement Projects, talked to about 30 agricultural workers living in the county for the COVID-19 Farmworkers Study that documents conditions in one of the most hardest hit industries since the coronavirus began sweeping through the United States in March.

Some of these Central Valley laborers, who now work in a national hotspot for the spread of COVID-19, told her they were afraid of getting fired for asking for more safety measures.

“A woman who did get infected said that they would take a temperature as the vehicles were coming into the company parking lot, but they would only take the temperature of the driver when she had a passenger,” Lopez said. “So the temperature taking was happening, but it wasn’t in a thorough manner.”

The farmworkers in Stanislaus County were among the 900 in 21 counties surveyed. Their experiences mirror those in other areas as the coalition of researchers hopes its findings unveil the myriad issues impacting workers and helps the agriculture industry find solutions to limit the pandemic’s impacts on this largely Latino workforce. In addition to support programs, activists are calling for more data.

The Office of Emergency Services is aware of previous COVID-19 outbreaks among Stanislaus County farmworkers, spokesman Royjindar Singh said, but he did not provide any numbers.

The office confirmed multiple residents caught the coronavirus while working at the Morada Produce Company in Stockton, which is under investigation by the Division of Occupational Safety and Health, better known as Cal/OSHA. In addition to outbreaks in San Joaquin and Merced counties, activists said they have heard of a couple of cases tied to at least one facility within Stanislaus County.

Pandemic cuts work hours, worsens economic insecurity

Local survey participants also reported employers reduced their work hours and hired fewer farmworkers during the pandemic, Lopez said. At the same time, she said those who usually work in other industries competed for limited agricultural jobs. Restaurant, hotel, housekeeping and construction workers sought pay in the fields amid restrictions for non-essential services.

Fearing they could lose their limited jobs for not completing tasks in certain time frames, some farmworkers said they worked closer than 6 feet apart. Some companies clearly told workers to slow down the production line for safety reasons, Lopez said, but respondents indicated others did not.

Preliminary results from the statewide study show the experience of Stanislaus County farmworkers is not uncommon.

Of the farmworkers surveyed by members of non-profit organizations, 46% reported decreased farm work time and income losses. Slightly more than half said barriers such as lack of health insurance and sick leave would prevent them from getting health care if they did feel sick. Forty-six percent said their worksites did not provide face coverings.

Living off limited income, some farmworkers said they were afraid of getting tested, said Nayamin Martinez, survey team leader for Stanislaus County and director of the Central California Environmental Justice Network. Missing work to isolate after testing positive for COVID-19 could result in not being able to afford food or rent, she said.

“If they didn’t have access to unemployment or any other financial support, that would represent an almost impossible situation for them to be out of work for 14, 15 days,” Martinez said.

Undocumented farmworkers do not qualify for unemployment insurance and have received limited coronavirus relief aid from the state. Of the roughly 2 million undocumented residents in California, experts said the $125 million relief fund could only assist 150,000 undocumented workers.

Calls for more data, employer accountability continue

To better understand the impacts of the coronavirus on farmworkers, Noe Paramo with the California Rural Legal Assistance Foundation has requested the county report the industry, occupation or place of employment in its COVID-19 case data. Paramo said about 24,000 farmworkers reside in Stanislaus County, but despite their numbers, workers told him they fear retaliation for requesting safety measures or identifying outbreaks at agricultural facilities.

Growers and farm labor contractors publicly reporting COVID-19 cases themselves can also help, Paramo said. All California employers must record and log work-related COVID-19 deaths or illnesses with Cal/OSHA, but not all Modesto-area businesses have notified the public about infections. Whether county public health departments confirm outbreaks they investigate is also up to their discretion and Health Officer Dr. Julie Vaishampayan has given details on a select few outbreaks, such as at the Turlock and Vintage Faire Nursing and Rehabilitation Centers.

Still, Paramo continues to advocate for education programs for employers regarding Injury and Illness Prevention Programs the state requires. He said he wants to see the county work with state agencies such as Cal/OSHA to audit those programs and ensure farmworker employers are properly implementing them. Current efforts to support farmworkers are not sufficient, Paramo said, noting the pandemic continues to disproportionately affect Latinos who often work in essential jobs.

In Stanislaus County, 61% of those who have tested positive for COVID-19 are Latino, according to the latest data from the county. That’s just above the statewide number of 58.8%.

“Our farmworkers are day in and day out risking their lives and their families’ lives to put food on our table,” Paramo said. “...They need to be protected and they need to be provided the support and safety nets they need.”

While Stanislaus County Agricultural Commissioner inspectors do not have the authority to enforce coronavirus safety guidelines in the fields, Commissioner Milton O’Haire said his staff has emailed 3,300 farmers and companies about resources and checklists on the office’s website.

Inspectors checking exports or pesticides have also handed out face coverings when they saw workers not wearing any, O’Haire said. His office is waiting for the state to fulfill a request for an additional 75,000 surgical masks because it only has cloth coverings — and N95 masks for pesticide permit holders — left to distribute. The office has already helped provide 50,000 masks for farmers, according to the county.

Overall, O’Haire said the agricultural community is trying to comply with social distancing and face covering requirements. His office has also worked on safety protocols with a grower and packer on the county’s west side, O’Haire said, resulting in the installation of plexiglass on working tables and plans for who handled what boxes.

Scott Long, a grower of peaches and almonds east of Ceres, said reports of farmworkers fearing retaliation for requesting safety measures surprised him. Considering the state and county constantly send updates on coronavirus prevention in agriculture, Long said he advises employers to use common sense and attempt to satisfy legitimate concerns.

“It’s part of being human,” Long said. “If you want to work with people, you have to empathize with their needs and concerns and try to fulfill them within your ability and reason to supply them with what they need to work.”

Superior Fruit Ranch requires sorters to wear face coverings and provides them if workers do not bring their own, Long said. Wearing a mask is optional for pickers because they generally work 18 feet apart up in the trees, Long said, and none of the about 30 workers have tested positive for COVID-19 or reported symptoms.

If an employee contracts the disease, Long said year-round workers can use their paid sick leave and health care coverage. All of his farmworkers have at least 24 hours of paid leave that the state requires, and Long said he may consider offering more if a situation arises.

Upcoming Stanislaus County efforts to support farmworkers

One request Paramo said the California Rural Legal Assistance Foundation made months ago is coming to fruition: mobile testing for farmworkers. To make testing more accessible, O’Haire said his office has helped identify possible locations for the service, including farm labor centers and migrant camps in Westley, Ceres and Patterson.

Under a county contract with American Medical Response, O’Haire said farm workers and their families will soon be able to get free testing closer to where they live and work. Currently, Paramo said driving long distances to testing sites, scheduling appointments days in advance and fitting testing into fieldwork shifts can be difficult for farmworkers.

The county also met with the state during the first week of August to develop a local Housing for the Harvest program, which would provide temporary housing for agricultural workers to isolate inside after testing positive or getting exposed to the virus. The program can help migrant workers who travel across the state and work on fields far from home, O’Haire said.

“We have a certain amount of folks that just stay and live in the county all the time, but if you’re part of the group that moves around, you can imagine that it’s a little more challenging to get people tested and have them isolate for two weeks,” O’Haire said. “That’s one of those things we definitely want to do our part to help out.”

While the state program involves hotel rooms for agricultural workers, Paramo suggested expanding it to provide temporary housing for farmworker families, or even renting RV trailers in remote areas without many hotels. Food assistance and paid leave can also support farmworkers who contract the virus, Paramo said.

This story was originally published August 12, 2020 at 4:00 AM.

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Kristin Lam
The Modesto Bee
Kristin Lam is an accountability reporter for The Modesto Bee covering Turlock and Ceres. She previously worked for USA TODAY as a breaking news reporter and graduated with a journalism degree from San Jose State.
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