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August 21st, 2008 at 9:27 pm

Heat-Related Deaths and Fines Appealed

Yesterday, we published an article about Cal/OSHA Chief Len Welsh’s clarifications on the Heat Illness Prevention Standard requirements. Providing enough water and adequate shade to employees seems simple but lately there has been a significant rise in the number of heat-related fatalities in California.

So far 11 farm workers lost their lives since the standard has been adopted. Heat stroke has been confirmed to be the cause of eight of these deaths. What’s more alarming is that five of these fatalities occurred just this year alone.

Fines Issued…and Appealed

Last year, with the 1,018 heat inspections conducted by Cal/OSHA, 490 companies were found violating heat illness laws. To make matters worse, heat-related fines often drop when appealed by employers. In fact, they have dropped an average of less than $10,000.

An Associated Press investigation disclosed lately that authorities have not yet collected fines in several heat-related fatality cases. Four of such cases ended up with the agency’s appeal board reducing the fines to around half or more.

One case of heat death involved a 38-year old man dying while harvesting lettuce seeds in a central California farm. While the agency proposed a $13,500 penalty against the man’s employer, the latter ended up paying $250.  Welsh said the appeals process is beyond his authority.

“Collections have been a problem historically and we need to fix it,” he said. “I can’t sugar coat it. People have been dying all along every year for decades, and now that we’re finally focusing on it we’re finding all these heat fatalities. We’re doing all we can with the very limited resources we have.”

Fines Given, Lives Lost

May 14 saw the heat death of a pregnant teenager working in a Stockton-area vineyard. Maria Isabel Vasquez Jimenez, only 17 years old, was pruning white wine grapes for more than nine hours while the temperature was above 38 degrees Celsius. Authorities believe she lost her life because she was denied access to water and shade.

Cal-OSHA responded to the case by issuing a $262,700 fine to Merced Farm Labor Contractor, Vasquez Jimenez’s employer. So far, this is the highest fine issued by the agency to an agricultural firm.

The governor’s administration has temporarily shut down Merced Farm Labor Contractor. The stop work order stays in effect until the organization is found complying with the regulations specified in the Heat Illness Prevention Standard. The Administration also wants to revoke the organization’s license.

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