OSHA News
California Labor Law Taking the Heat
This was aptly and tragically demonstrated earlier this month when at least one of two farm workers allegedly succumbed to heat exhaustion and died during extreme conditions in Tulare and Fresno counties. According to the Visalia Times-Delta (7/11/13), a 30-year-old worker collapsed in a field while loading melons in the Coalinga region, with another succumbing in extreme heat while inspecting irrigation lines in a Richgrove orchard.
Both men died. The irrigation inspector, according to reports, was 45 years of age and preliminary investigation suggests the man, Juan Ochoa, may have perished due to ongoing health issues. Laboratory results were still pending, and while heat stroke was not a major consideration at the time of the initial investigation, the impact of extreme heat and working conditions remained a possibility until conclusively ruled out. Ochoa’s employer, Etchegaray Farms LLC, was issued an Order Prohibiting Use by the California Division of Occupational Safety and Health (Cal/OSHA), effectively stopping work at the operation until compliance could be achieved.
In the first case, Cal/OSHA was investigating the potential for a heat-related death, which would be a violation of California labor code.
Maria Bautista knows all about heat. In comments appearing in the Visalia Times-Delta, Bautista reflected on her days as a teenager picking grapes on a farm in extreme heat. “They were very strict in the fields. They didn’t let us drink water, they didn’t like us spending time eating,” she told the Visalia Times-Delta. Now 35, Bautista is married and now lives in Chicago.
But she recalls those times - days of extreme conditions and employers racking up violations to California labor employment law. “It was very tough,” Bautista said. “They didn’t give us breaks, at all. You had to start working at 6 in the morning and stop at 3 or 4 [in the afternoon], even on hot days.”
If there is good news - even in the face of two deaths this month - it’s that overall the situation appears to be improving. The state brought in statutes known as Heat Illness Prevention Standards, which became part of the California labor code in 2006. Bautista, back in the state visiting her mother who continues to toil in the picking industry as a supervisor, noted that workers are more closely monitored and especially when conditions reach the extremes seen this summer. Workers are encouraged to take breaks, rehydrate and rest in shaded tents.
It should also be noted that restrictions imposed by Cal/OSHA on Etchegaray Farms were quickly lifted when the operator became compliant with California and labor law. And grower’s trade groups and associations report a move toward more responsibility in the fields, such as starting and ending the picking day early, and sending workers home at 2:00 p.m. when temperatures climb past 100 degrees, or increased humidity makes it feel that hot.
That hasn’t placated the president of the United Farm Workers. In a written statement, Arturo Rodriguez had this to say following the death of Ochoa on July 5: “This only proves that whatever the state is doing to protect these workers is obviously not working. With temperatures continuing to be over 100 degrees in the week to come, we need to see immediate compliance with all laws by all employers, which the state should encourage with aggressive enforcement of California’s Heat Illness Prevention regulation.”
It is not known if the families of the two men who died are considering a California labor lawsuit. According to industry leaders, it is the responsibility of the growers and labor contractors hired to source workers, to provide water, sufficient shade and breaks according to California state labor laws.
Safety Hazards Violation of California Labor Law
In Jonathan’s case, he was already in the unsafe and dangerous workplace. The California labor code also says that “No employer shall require, or permit any employee to go or be in any employment or place of employment which is not safe and healthful.”
“I worked as a cook at Chipotle for three months,” says Jonathan. “It was just a matter of time before someone had a serious accident. No one spoke up about the safety conditions here; nobody brought it to the supervisor’s attention. I know they were afraid of losing their jobs if they did complain about the hazardous environment. They always complained amongst each other, at every chance they could. But when push came to shove, nobody would back me.
"Some people have been working at Chipotle for years and they like their jobs. I work mostly with women in the kitchen and they constantly complained about how they didn’t like the conditions. There were slippery floors, for one thing. The first time I complained to my boss was about a big pot, it was a huge pressure cooker that only had one handle??"the other had broken off.
"My boss said, ‘Just work with it and you have to learn how to move around in this job, adapt’. She didn’t want to hear that anything was unsafe. But how can you take a heavy pot from one end of the kitchen to the dishwasher that is boiling hot and ‘adapt’? I’m sure my employer is familiar with California labor employment law??"they count on employees not speaking out because they are afraid of losing their jobs.
"I have to prep food. The policy at Chipotle is that you have to wear a metal mesh cutting glove (I’m 6’ 4” and 220 lbs) but the glove they gave me was way too small. I got bruises and my hand was cramped, so I complained. My boss said that she couldn’t get another glove because someone threw the others away. I have knife skills but this was their policy: If you got caught by the manager not wearing it you would be fired. On my first day I started prepping without the glove and I was reprimanded. ‘Whoa, don’t ever do that again, ever,’ my boss told me. ‘If you cut yourself not wearing the glove, we aren’t liable.’ I guess someone had a bad accident in the past…
"Here’s another thing: The pilots on the ovens always went out while I was cooking. There were usually a few burners that didn’t work; I would turn on the burner but it wouldn’t ignite. I shouldn’t have to light the pilots all the time but that went on for weeks. When you’re in a hurry, you just turn your burner on and if it didn’t light, sometimes it took a while to relight the pilot. This meant that gas was pumping out of that burner??"sometimes for a minute or so.
"The last time I complained, my supervisor basically told me to shut up and just do my job. I believe I got fired because of the safety issues but my boss told me it was because I ‘had an attitude’. I didn’t smile enough and customers can see me??"we work in an open kitchen. It’s pretty hard to smile all the time with my hand in that mesh glove, walking on slippery floors and trying to carry a pot with one handle.”
The California labor code states:
Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has made a bona fide oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her employer, or his or her representative, of unsafe working conditions, or work practices, in his or her employment or place of employment, or has participated in an employer-employee occupational health and safety committee, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor. (Labor Code Section 6300)
No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or his or her fellow employees. Any employee who is laid off or discharged in violation of this section or is otherwise not paid because he or she refused to perform work in the performance of which this code, any occupational safety or health standard or any safety order of the division or standards board will be violated and where the violation would create a real and apparent hazard to the employee or his or her fellow employees shall have a right of action for wages for the time the employee is without work as a result of the layoff or discharge. (Labor Code Section 6311.)
Tragic Deaths of Two Brothers May Have Involved Violations of California Labor Law
The Los Angeles Times (3/22/12) reported that in excess of $165,000 in fines were levied against Community Recycling and Resource Recovery, located in the San Fernando Valley. A spokesperson for the State division of Occupational Safety and Health said in a statement that the deaths of the two young workers were "completely preventable."
This particular California and labor law story unfolded October 12 of last year, when Armando Ramirez was standing atop a ladder in a drainpipe when he was overcome while attempting to clear a blockage in the pipe. Armando's older brother Eladio came to the aid of Armando but was himself overcome by hydrogen sulfide, a common byproduct of the composting process.
Armando was pronounced dead at the scene, while Eladio died in the hospital two days later. The Division of Labor Standards Enforcement is reportedly looking into possible violations of California and labor law pertaining to child labor. Armando's work papers were reported to have claimed the deceased was 30 years of age, when in actual fact he was just 16. Eladio, his older brother, was 22 when he was removed from life support.
An investigation into the incident against a backdrop of California labor employment law may reveal that the younger Armando, at 16, may have been too young to perform the hazardous work that eventfully claimed his life.
A spokesperson for the facility noted that a thorough and aggressive investigation was launched into the incident, and that a thorough review of the company's safety and training protocols was undertaken.
Further investigation will ascertain if criminal charges are warranted in this California labor employment law matter.
It is not known if a California labor lawsuit has been launched on behalf of the two dead brothers.
California state labor laws exist to prevent a myriad of injustices that are often leveled at workers??"everything from fair pay and overtime, to working conditions, rest periods and meal breaks. Accidents will happen??"and such may have been the case here. Nonetheless, some employers flaunt the law for their own convenience and to their own advantage.
Pharmaceutical Firm Fined Over Violations of California Labor Laws
According to a release from the agency, the fine amounted to $371,250 for 11 citations, including four that were deemed willful citations, suggesting the firm had knowledge of the violations. Baxter reportedly has 15 business days to either appeal or pay the fine.
The allegations and fine reportedly stem from a January 21 incident during which Baxter technician Henry Astilla reportedly collapsed after entering a 6,000 liter tank in which nitrogen was bubbled through plasma, according to the release. With air allegedly being displaced by the nitrogen, the tank became oxygen deficient, which led to the worker's death. Baxter is being accused of not properly testing the tank to make sure there was enough oxygen before sending in the technician.
The investigation conducted by Cal/OSHA also indicated that when Astilla was found, a supervisor allegedly told two other employees to bring him out of the tank, without providing the necessary protection or testing the tank for oxygen levels. The agency claims that this alleged negligence led to the two other employees suffering serious injuries, with one of the workers still in the hospital as of July.
"The hazards of working in confined spaces are well documented and this is a classic example of the kind of injury that occurs when employers fail to adequately protect their employees," Cal/OSHA Chief Ellen Widess said in the release. "When confined space operations are not properly planned, it is unfortunately common for other employees to be injured or killed while attempting impromptu rescue of the initial victim."
In other recent cases, Cal/OSHA is reportedly investigating a number of potential heat-related deaths, including two instances where farm workers allegedly collapsed while harvesting crops, according to The Associated Press.
The news source reports that the agency is investigating whether a 47-year-old Blythe farm worker died while operating a tractor to harvest cantaloupes in temperatures exceeding 100 degrees on July 7.
Cal/OSHA spokeswoman Erika Monterroza told the news source that the agency is also in the process of investigating an April death of an Imperial County farm worker who was reportedly breaking corn in 84-degree heat in April.
Contractor Fined for Violations of California Labor Law
The release states that the violations by TL Pavlich led to a flash fire that caused a welder to suffer severe burns on a public works project last December. Cal/OSHA determined that the violations were serious enough that they posed an immediate danger to workers and, as a result, halted all work until the hazard was properly dealt with.
The agency also said that the contractor continued to send workers into portions of a steel water pipe despite the fact that he had been told to correct the hazard and notify Cal/OSHA before conducting more work on the project.
"We cannot and will not tolerate bad actors who intentionally sacrifice the safety of their workers," said Department of Industrial Relations (DIR) Acting Director Christine Baker. "Employees should never be placed in a work environment that is a known hazard."
The contractor was reportedly performing the work in the city of Montebello, which has a population of more than 62,000.
California Labor Law Dispute over Nursing Levels
Nurses employed by the University of California (UC) are at odds with the university over staffing levels. The California Nurses' Association (CNA) had planned to stage a one-day strike over the issue. However, San Francisco Superior Court Judge Peter J. Busch cited California labor code to temporarily and then permanently establish a ruling that halts any such activity by the nurses and the CNA.
The union says it is undeterred by the ruling.
According to the 6/19/10 issue of the Sacramento Bee, Judge Busch issued a temporary restraining order on June 8, two days before a planned walkout at various hospitals run by UC. The restraining order was requested, according to the report, by the state Public Employment Relations Board (PERB) on behalf of UC.
On June 18, the judge made that ruling "permanent," reports the Sacramento Bee. There was reasonable cause, argued the judge, for the PERB to believe a strike would violate California state labor laws.
The CNA is involved in contract talks with UC with regard to its employees at the five medical centers run by the university. One issue that has become particularly contentious is the union's assertion that staffing levels at the UC medical centers are unsafe.
The state mandates nurse-to-patient ratios of at least one nurse for every five patients, with more nurses for patients requiring higher levels of care.
The university denies the union's charge that staffing levels are unsafe.
The current contract between the university and the CNA expires on September 30. Judge Busch has outlawed any kind of a walkout or strike at least until that date.
Carol Robinson, the chief nursing officer for the UC Davis Medical Center, told the Sacramento Bee she is hopeful that the judge's ruling will convince the CNA to "sit down at the table so we can work out a really good contract for the nurses. We can do this in earnest instead of posturing."
But the CNA is undeterred, said Beth Keane, the CNA's lead negotiator for the union's university labor contracts. "We're going to continue fighting for proper staffing levels. We're not going to stop."
Keane noted that while the union intends to file complaints with the State Department of Public Health, a previous complaint filed by the union in November of last year over staffing levels at the UC Davis Medical Center has yet to be met with a response.
The CNA represents nearly 11,000 registered nurses employed by the university, including 1,800 at the UC Davis Medical Center. The employee labor law dispute appears poised to simmer through a long, hot California summer.
Workers' Memorial Day Addresses California Labor Law
A press conference took place yesterday in front of Pfizer Research Facility. One of the speakers was injured Pfizer molecular biologist Becky McClain, who recently won a $1.37 million judgment against Pfizer.
McClain, a former member of the company's safety committee, claimed to have been infected by an experimental virus while working at Pfizer Inc.'s Groton Laboratories. She also claimed that Pfizer violated her freedom of speech by terminating her after she pressed complaints with the US Occupational Safety and Health Administration, and that Pfizer violated whistleblower laws.
A US District Court jury in Hartford found that the company retaliated against her and interfered with her right to free speech. The jury also decided to award punitive damages, so Pfizer might be on the hook for well over $2 million. "The fact that the largest drug company in the world has such contempt for the protection of their thousands of scientists is a stark warning that the present protective laws are not being enforced and need to be seriously strengthened," said Steve Zeltzer, chair of the California Coalition For Workers Memorial Day (CCWMD), a group that advocates for employees hurt on the job.
This year the CCWMD is focusing on the need for health and safety protection, regulation and standards for new industries such as biotechnology and nanotechnology. On April 27 at Davis, Biotech worker David Bell was the focus: he was infected at Agraquest Laboratory and the owner Pam Marrone refused to take responsibility for his injuries.
On April 19 injured movie industry and hospital workers as well as other injured workers and their families spoke about health and safety. Downey Kaiser Hospital complex was built on one of the most toxic sites in the LA area, and hundreds of workers have been sickened due to the failure of the developer to properly clean up the site and the failure of federal and state regulatory agencies to properly regulate health and safety protection.
The CCWM participated in a mock funeral procession on April 24 with labor activists and area unions in Los Angeles neighborhoods as part of a "memorial day" rally honoring workers injured or killed in the workplace each year.
A number of people were memorialized at the procession, including Maria Isabel Vasquez Jimenez, 17, a pregnant farmhand who died in 2008 after collapsing in the heat while pruning vines in California; and Carlos Rivera, 73, a dock worker who was killed in an accident at the Port of Long Beach in 2008.
Aura Lopez, 29, attended the rally. She is a former car wash worker from Los Angeles who is permanently disabled after falling and injuring her spine in 2008 at work. She says she has filed a civil claim against her former employer, who has since gone into bankruptcy. Other car wash workers who attended said their workshops suffered from a chronic lack of safety equipment. "I want to avoid that what happened to me happens to anyone else," said Lopez??"a sentiment echoed by many people who attended. A number of people held posters that read in both English and Spanish: "No job is worth more than our lives" and "Remember the dead??"fight for the living."
About . TOS . Privacy . Disclaimer . Contact . Advertise . Member Login
This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License ©2026 Online Legal Media. All rights reserved.
Visit other Online Legal Media Websites:
