Protecting the Health & Rights of Arizona Farmworkers

This past summer, Arizona broke its record for the hottest month to date and the hottest month ever observed in a U.S. City. For some, that meant staying indoors during most of the day until temperatures became bearable. For others, like Arizona farmworkers, that meant dangerously enduring high temperatures even when working before dawn or after sunset, and facing challenges that come with laboring in the dark.

As extreme temperatures over extended periods continue to characterize Arizona’s summer months, addressing the health and protection of farmworkers is integral to the discussion of how Arizona grows, harvests, and distributes food.

Heat Waves and Farmworker Deaths

This past summer on July 20, a 25-year-old Yuma farmworker died after collapsing in the fields amid a deadly heat wave– the temperature that day reached a high of 116.° Dario Mendoza, a father of two young children, was working in the Yuma area, a major agricultural region in the southeastern edge of Arizona. After being transported to the Yuma Regional Medical Center, Mendoza died a short time later from a declared heat-related death.

Mendoza’s death is a reflection of the extreme-heat conditions that many Arizona farmworkers face on a daily basis. The Yuma area is a large producer of winter greens and vegetables, melons, dates, wheat, and alfalfa. The area's main growing season is from the fall through the spring, but agriculture activities take place there year-round. In the summer, when temperatures surge above 110 degrees, farmworkers are harvesting, preparing fields for fall planting, and laying or repairing irrigation pipes. Through July 22, shortly after the date of Mendoza’s death, Yuma had experienced a stretch of 11 days in a row with temperatures at or above 110 degrees, the fourth longest stretch on record.

Some Arizona lawmakers called Mendoza’s death a failure of Arizona to protect its farmworkers– the backbone of the state’s agriculture and farming communities. Heat-related illnesses are the leading cause of death for farmworkers, who are 20% more likely to die from them than are other workers. Extreme heat conditions also lead to an increased risk of workplace injuries and of developing– or exacerbating– health conditions such as asthma, cancer, cardiovascular disease, and other chronic diseases. Record-breaking heat has also led to an increase in natural disasters such as wildfires, during which farmworkers are still expected to harvest food regardless of the increased risk of harm and exposure to wildfire smoke and heat.

Nighttime Harvests

Across very hot regions like Arizona, nighttime harvests have become increasingly common to deal with extreme heat conditions. As climate change pushes summer temperatures higher on more consecutive days and meteorological forecasts predict even warmer years ahead, more farmworkers are likely to work in the field at night and in the early morning.

Nighttime harvests pose certain challenges and risks. Climbing up into the branches to harvest ripe fruit in near-darkness with headlamps that cast shadows can make it difficult to see the fruit. Setting up ladders in the dark can also be dangerous. Workers are often less productive during overnight shifts because they’re tired, and irregular work scheduling is disruptive to home life. Finding childcare coverage for overnight work schedules is also a big challenge.

For women, nighttime scheduling can create additional dangers. Studies have found that “gender-based violence against female workers is frighteningly common on U.S. farms.” One study from 2010 found that 80 percent of Mexican and Mexican American women farmworkers in the U.S. have experienced some form of sexual harassment at work. Moving farming operations under the cover of darkness could increase this risk.

Nighttime harvesting is one way that some agricultural producers are dealing with extreme and extended periods of heat and while some safety measures have been established, many farmworkers still labor in the deadly heat and risky darkness without proper workplace protections.

Ensuring Farmworkers are Protected

The agriculture industry continues to be one of the most dangerous in the private sector. And, many abuses are underreported by farmworkers for justified fear of retaliation from employers. Establishing workplace safety standards and enforceable consequences for violators is critical to ensuring farmworker protections. Workplace safety and protection standards for farmworkers can be established at both the federal and state levels.

Federal Protections

Farmworkers receive some legal protection under federal Occupational Safety and Health Administration (OSHA) regulations. Under OSHA federal law, employers must provide shade, water, and rest to farmworkers. The law, however, does not specify how much of each and does not explicitly address extreme temperatures as a working condition and what protections are required. Farmworker advocacy organizations have been working to get lawmakers to pass legislation protecting farmworkers during the heat but nothing tangible has come of yet. Without explicit laws that can be enforced and sets a standard for employers, heat-related farmworker deaths will continue to happen.

Some Arizona lawmakers are calling for federal protections for workers exposed to extreme heat, such as OSHA heat standards to provide adequate water, rest, and shade to protect workers from life-threatening heat.

“In Arizona and across the country, climate change has made scorching temperatures, incidents of workers collapsing and deaths all too common. Even now, Arizona continues to face life-threatening conditions with one of the worst heat waves in centuries. The Biden administration must act,” said U.S. Representative Raúl Grijalva (AZ) in a statement.

On July 26, 2023, Representatives Chu, Scott, Adams, and Grijalva introduced in the House of Representatives the “Asuncion Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2023.” The bill seeks to address safety and health concerns in relation to excessive heat exposure.

The bill as proposed would require OSHA to issue a federal standard for heat stress protections, such as requiring employers to provide workers with protective gear like cooling vests, training on how to recognize the signs of heat illness, and mandatory paid rest breaks. The federal standard would require that workers who are exposed to extreme heat have access to cool or shaded environments and access to cool water for hydration. Additionally, it mandates OSHA to revise its standard for temporary labor camps to address heat hazards.

The bill also emphasizes the need for employers to create emergency response procedures for employees suffering from heat illness, to enact acclimatization plans to ensure workers can adjust to their working conditions, and the utilization of engineering and administrative controls to limit heat exposure (i.e. ventilation and/or protective clothing, where applicable). For those workers who report violations of the heat stress standard, the bill also includes protections against retaliation and discrimination.

Under the bill, OSHA would need to issue a federal standard for heat stress protections, with participation of covered employees (and their representatives when applicable) and customized to the specific hazards of the workplace. The bill would also require OSHA to issue an interim final heat stress rule within one year. This interim rule would remain in place until OSHA issues a final rule.

Senators Brown (OH), Padilla (CA), and Cortez-Masto (NV) introduced the bill in the Senate. While the proposed legislation is in the much-needed direction for meaningful protection of farmworker health and safety, creating a new rule on the federal level can take years, and some are advocating for Arizona to create its own standards.

State Protections

Unlike some states that have implemented heat protections for workers, Arizona lacks laws and regulations to protect farmworkers from the extreme heat. Farmworkers in Arizona receive some legal protection under federal OSHA regulations, but those regulations are not enough, especially when it comes to working in Arizona with its record-breaking heat.

In response to the state’s record heat, Governor Katie Hobbs implemented a new policy on July 17 through the heat emphasis program which authorizes state regulators to inspect workplaces to ensure employers are providing enough water, rest, and shade to workers in industries with high rates of heat-related illnesses and deaths. Violators would face citations for failing to provide enough water, rest, and shade to workers.

Arizona Representative Mariana Sandoval said during an interview that the state Senate needs to pass legislation to protect workers from extreme heat– “It’s very preventable. This is something we can work with the state, and we can work with business owners.”