Farmworkers and Heat
Farmworkers are at higher risk of experiencing heat-related illnesses. This is made worse by a lack of first aid response training, fear of retribution when seeking medical services, and longer response times for emergency medical services when medical help is sought.
Durham County has over 200 active agricultural farms, as discussed in the section above. Agriculture workers and their employers in Durham must ensure they have adequate protection from extreme heat, and can report violations to the Occupational Safety and Health Administration (OSHA), North Carolina Division. The General Duty Clause of the OSH Act of 1970 requires every employer to provide safe working conditions free from recognized hazards that are causing or are likely to cause death or serious physical harm to their employees. Heat is undoubtedly a recognized hazard, especially for outdoor workers like farmworkers.
The Federal OSHA is in the process of Heat Injury and Illness Prevention Rulemaking. Read and watch our comments supporting the rule proposing a comprehensive heat injury and illness prevention standard in both outdoor and indoor work settings. The rule requires employers to implement heat-monitoring, hydration, cooling measures, rest breaks, and emergency protocols. In our comments, we urge the Administration to take additional measures to ensure protection for marginalized and vulnerable communities.
Interview with Leticia Zavala
For a detailed understanding on the impact of heat on the farmworkers, read the interview SCSJ conducted with Leticia Zavala, co-coordinator of El Futuro Es Nuestro in December 2024.
"In the North Carolina Heat Stress Coalition, we highlight heat as an environmental justice issue. Protective heat standards are especially important for farmworkers on the frontlines of heat across our state. These are the workers who feed Durham communities."
-Kendall Wimberley, Policy Manager, Toxic Free NC
Story of Jose Arturo
Jose tragically died in 2023 while harvesting sweet potatoes in direct sunlight on a late summer day at a Barnes Farming field. He was 29 years old and left behind a wife and two children in Guanajuato, Mexico.
According to the U.S. Department of Labor investigators, the company representatives failed to call for medical help or administer first aid, even though Jose showed signs of heat-related illness. While some sources suggest he may have had underlying health conditions, the North Carolina Department of Labor's Occupational Safety and Health Division cited Barnes Farming in March 2024 for failing to protect workers from heat-related hazards.
Image from The News & Observer
The investigation revealed multiple violations:
No Work/Rest Schedule: The company did not implement a work/rest schedule appropriate for high-heat conditions.
No A/C: Workers were forced to take breaks inside a hot, non-air-conditioned bus.
Extremely Short Breaks: Workers had only one five-minute break during a six-hour shift.
Inaccessible Drinking Water: Drinking water was insufficient and not readily accessible.
No Cool/Shaded Areas: No shaded or cool rest areas were available.
The Department fined Barnes Farming $187,509. The company has appealed the citations, which are currently under review by the Occupational Safety and Health Review Commission.
Mr. Arturo's case is an unfortunate example of what can happen in the absence of safe working conditions in increasing heat.