Trump Deems Farmworkers 'Essential' But Not Safety Rules for Them. That Could Threaten the F
Millions of laborers facing coronavirus risk in fields and packinghouses lack workplace protections.
The Trump administration has deemed the millions of people who are cutting lettuce, picking cherries, packing peaches and otherwise getting food from farm to table to be “essential workers” but is doing little to keep them healthy during the pandemic.
Working closely together, workers cover their faces while packaging produce in South Florida. | M. Scott Mahaskey/POLITICO
The lack of federal action has left state and industry leaders scrambling to shield their farmworkers from the coronavirus. As harvest season ramps up, farmers across several major produce states have installed more hand-washing stations, instructed workers to keep their distance and provided face masks — but those efforts have been inconsistent and largely voluntary.
Farmworkers have long lived in the shadows of the American economy, an itinerant community that includes low-income citizens, about 250,000 legal guest workers from Mexico and Central America and hundreds of thousands of undocumented immigrants who might travel from farm to farm with the changing harvest seasons. Now, labor advocates are warning that continuing to ignore this vulnerable population not only threatens lives but endangers the food supply.
“We’re very concerned that the worst is yet to come,” said Bruce Goldstein, president of Farmworker Justice, an advocacy group. “With the limited protections that are available, we’re afraid that there’s going to be a substantial increase in Covid-19 cases among farmworkers.”
Goldstein and others have watched a crisis unfold in meatpacking plants, with dozens of facilities shuttered due to outbreaks that have sickened thousands and killed at least 20. But labor conditions on farms are less actively regulated than meat plants, in part because there are far more farms to police and very small farming operations are exempt from certain safety rules.
The Centers for Disease Control and Prevention has issued recommended guidelines that cover a range of critical employment sectors, including farm labor. But the Trump administration has not made the guidelines mandatory, as the Department of Labor is empowered to do on an emergency basis. And the CDC has not released recommendations specific to field workers like it did for meatpacking employees as that industry fell into chaos in recent weeks.
Since March, advocates like the United Farm Workers have been urging federal agencies and states to make existing Covid-19 recommendations enforceable and to go further, ensuring benefits like paid sick leave, access to health care and a major revamp of housing standards that would allow for social distancing.
The CDC referred inquiries about workplace requirements to the Labor Department, which said in a statement, “Because of the enforcement authorities already available to it and the fluid nature of this health crisis, OSHA does not believe that a new regulation, or standard, is appropriate at this time.”
Labor officials have said they have all the enforcement tools necessary to ensure worker safety. Employees can file complaints with the agency if they believe employers are violating the law, kicking off an investigation that can last months.
In addition, officials have said, the department's Occupational Safety and Health Administration plans to enforce existing standards such as its safety rules regarding respiratory protection and bloodborne pathogens. But safety advocates have complained that those standards don’t address the risks posed by infectious illnesses like Covid-19, and that undocumented workers won't feel comfortable making complaints.
American fruit and vegetable growers, who are heavily reliant on migrant and immigrant labor, are taking note of what’s happening in meatpacking and processing plants as they try to avoid a similar catastrophe.
“We have a vested interest in the health and well-being of our workers,” said Chuck Obern, owner of C&B Farms in Clewiston, Fla., who hires more than 200 people each season to tend to a large number of labor-intensive crops, including kale, bok choy and a variety of herbs.
When Obern first learned about the coronavirus spreading in the U.S., his operation started communicating with workers about CDC’s advice on hand-washing and social distancing. He also started sanitizing the bus that transports his crew from field to field every day, a common point where workers are often not able to keep their distance from one another. Obern, like most growers, doesn’t think regulations are needed because the vast majority of farmers will act proactively on their own.
“We would be stupid to not care and not do everything we can to keep our workers as healthy as possible,” Obern said, noting that most farm work is highly skilled and difficult to master. “If Covid did come in and run through our crew, who would pick our crops?”
Relying on growers to voluntarily take precautions doesn’t satisfy advocates for farmworkers, who prefer to see consistent, enforceable standards that all farm operations are required to meet.
“There’s no clear rules that apply to agriculture around social distancing,” said Edgar Franks, political director for Familias Unidas Por La Justicia, an independent union representing berry workers in northwest Washington state. “It’s been almost two months and there’s been nothing done to protect farmworkers.”
Farms suffer outbreaks
The threat of widespread outbreaks like those that have struck meat plants is not a hypothetical concern. There are already outbreaks involving farmworkers in several states. In New York, one of the largest coronavirus clusters in the state is a greenhouse farm where 169 out of 340 workers have tested positive. In Washington,one large orchard recently revealed that more than 50 of the 70 workers it had tested for Covid-19 tested positive, including many who were asymptomatic. Both the New York and Washington farms began testing workers after some showed symptoms. In North Carolina, a strawberry grower temporarily closed after eight workers tested positive. In Monterey County, Calif., a major berry growing area, nearly one in four coronavirus cases is an agricultural worker, according to local officials.
Most farmworkers live in close quarters, often sleeping in dormitory-style rooms with several bunk beds. They travel from field to field on tightly-packed buses and often stick together for errands like buying groceries or going to the bank.
“It makes it impossible to observe recommendations of social distancing,” said Gerardo Reyes Chavez, an experienced farm worker and organizer for the Coalition of Immokalee Workers in Immokalee, Fla., an area known as the nation’s tomato capital.
It can also be difficult to maintain CDC’s recommendation of six feet of distance in the fields, depending on which crop is being harvested. Workers who pick tomatoes, for example, usually pick fruit into their own individual buckets and then run their haul to a common collection point, with speed being important since they are paid by the pound.
“You cannot be timing with everyone to see when they are bringing their bucket,” Chavez said. “They are all running.”
“It feels almost laughable,” he said, because the nature of the work does not allow social distancing.
It can be even harder for workers to keep their distance in packing operations, where it’s not uncommon for them to be placed elbow-to-elbow sorting and arranging fresh produce to be shipped out.
Labor advocates are always trying to get policymakers — and consumers — to care more about working conditions on farms, but they say there’s a new layer of urgency with Covid-19 cases now on the rise in rural areas.
“What we are going to see is a food crisis unfolding on top of a pandemic, which is the worst combination,” Chavez said.
A neglected workforce
The lack of standards for farm-worker safety reflects a long history of neglect of the workforce and the country’s inability to come to grips with its reliance on undocumented labor.
About 2.5 million farm workers are employed by farmers and ranchers in the U.S. — and the government estimates that about half are undocumented. About three-quarters are immigrants and most come from Mexico, according to data gathered by the Agriculture Department. They also make very little money: The average total income for an individual farm worker ranges from $15,000 to $17,499.
In recent years, a growing number of agriculture laborers have been H-2A foreign guest workers who have been granted temporary visas to work in seasonal jobs, such as berry or tomato picking. Farmers have increasingly struggled with finding enough workers to bring in harvests — especially as the Trump administration has cracked down on undocumented immigrants — and the industry has relied on the H-2A visa program to ease the persistent labor shortage on farms. In 2019, 242,762 H-2A visas were issued by the Labor Department, an increase of roughly 67 percent since 2008. The vast majority are from Mexico.
When the coronavirus was first spreading throughout the U.S., farmers were deeply worried about not being able to hire H-2A workers because embassies where visa application interviews take place were shut down across the world.
In order to keep the flow of foreign farmworkers steady, the federal government in March eased application requirements and also allowed farmers to hire from the pool of foreign workers currently in the U.S. And the USDA and DOL will publish information about H-2A workers with expiring contracts that may be allowed to transfer to other agriculture employers.
“Ensuring minimal disruption for our agricultural workforce during these uncertain times is a top priority for this administration,” Agriculture Secretary Sonny Perdue said in a statement. “President Trump knows that these workers are critical to maintaining our food supply and our farmers and ranchers are counting on their ability to work.”
But while the departments that oversee the H-2A program have made it easier for farmers to hire help, the OSHA worker safety watchdog has taken no action to protect the workers by requiring that producers implement emergency safety measures.
Meanwhile, though farmers and ranchers have been major beneficiaries of billions of dollars in aid for lost markets, farmworkers on the front lines have been almost completely left out of any of the coronavirus aid packages.
Major industry groups favor voluntary standards, though some have lobbied the government to help the industry procure personal protective equipment like masks and gloves.
In a recent letter to House and Senate leadership, a large coalition of produce industry groups pushed back against accusations that growers haven’t done enough to protect workers, calling them “unfounded.”
“With every stage of the emerging Covid-19 crisis, our industry has worked hard to embrace all public health advice for social distancing, personal and facility hygiene, face coverings and more,” the groups wrote.
But they also expressed some worry about procuring enough PPE for their labor force, noting that “farmers have some reserves of these supplies but as this crisis lingers, we are concerned about the ability to secure supplies in the future.”
Some of the largest produce growers in the country have dramatically changed their operations in recent weeks to prevent the spread of the coronavirus, recognizing it as an existential threat.
But these companies have more resources than most, in some cases going above and beyond CDC guidance. Farmworker advocates at every level are urging state and federal policymakers to be more aggressive and impose enforceable standards to ensure operations of all sizes are keeping their workforces healthy.
“We’re hoping that some agricultural employers that have not yet woken up to the reality are going to realize that their business is in danger if their workers get ill,” Goldstein said.
A patchwork response
Even the most progressive states are struggling to figure out how to prevent the spread of Covid-19 among this vulnerable class of workers.
In Washington, which is a major producer of tree fruit like apples and cherries, farmworker unions and advocates sued the state last month to press for mandatory Covid-19 protections.
State officials initially produced fact sheets with suggestions for how to prevent the spread of Covid-19 on farms and in packing houses, but advocates criticized the documents as confusing and unenforceable. Labor groups want the guidelines to be legally required, so if workers raise concerns they have clear requirements to point to.
"The agencies aren't big enough nor do they have resources to be out there protecting workers,” said Joe Morrison, an attorney with Columbia Legal Services, a firm representing farmworker groups in their litigation.
Even though Gov. Jay Inslee has been sympathetic to the farmworkers' concerns, there are no easy answers. It’s not just workplaces but housing, churches, buses and everything in between that present a possible risk for spreading the coronavirus in the agriculture industry.
Since the lawsuit, the state’s labor and health departments have proposed some emergency rules for agriculture aimed at preventing the spread of Covid-19, but they have not yet been finalized.
The proposals include a temporary ban on the use of bunk beds in guest worker housing to allow for more distance between laborers, something that agriculture industry groups have strongly pushed back on, arguing that it’s expensive and unworkable.
“They've at least taken action here,” Morrison said. “They care, but the feds haven't done anything."
The Wenatchee Valley, a large fruit growing hub, is already hosting thousands of H-2A guest workers to help manage its extensive orchards and other farms, but within weeks as many as 20,000 more workers are expected to arrive as the harvest kicks off in earnest, which means worker housing is soon expected to become even more densely populated.
“You have to do something,” said Morrison. “It can’t just be business as usual.”
In Oregon, state agencies have imposed sweeping new requirements on farms, including a temporary ban on the use of bunk beds to try to prevent the spread of the virus.
California, which supplies much of the country’s vegetables, has been the most active in extending assistance to farmworkers, who have been given two weeks of paid sick leave from an executive order from Gov. Gavin Newsom. State lawmakers are currently debating legislation that would provide laborers with hazard pay, child care help and temporary housing to prevent crowding.
Hernan Hernandez, executive director of the California Farmworker Foundation, said that for the most part, farmers in the state have been working hard to ensure there are limited outbreaks, like taking steps to improve housing circumstances.
Some farmers with employees that have tested positive have rented hotel rooms for them to recover in isolation where they receive medical checkups and meals delivered, he said. Other producers are exploring renting additional housing so that workers are not living in such close quarters.
But he said the real trouble starts when shifts end. Labor organizers have had difficulty convincing workers to comply with distancing and sanitizing recommendations, in part because the workers have been hearing mixed messages from the U.S. and Mexican governments about the seriousness of the pandemic.
“In all these little rural communities, life is going on as normal,” he said, which he’s very concerned about, because numerous farmworkers testing positive would create “chaos” for the food system — potentially leading to higher prices and shortages at grocery stores.
‘Our well-being is tied together’
The recent havoc in the meat sector stands as a cautionary tale, farm industry leaders say.
The meat business has been upended. Nearly 50 percent of the nation’s pork production has dropped off due to dozens of major processing plants shutting down. Beef and chicken processing is also way down as plants shutter or slow down output as more workers fall ill. Industry experts say those closures, which have led to meat shortages, could have been avoided if the federal government had a plan in place before the virus spread.
“An outbreak can have devastating consequences on the average consumer's life in the United States,” Hernandez said. At the supermarket, shortages could emerge very quickly from disruptions to the farm economy because workers have only a short window to harvest, package and ship perishable produce.
Without consistent requirements or standards to protect frontline workers, the extent to which growers are enacting Covid-19 protections depends on the leadership and resources of each business.
Larger produce companies have posted videos online to tout their prevention programs. In California’s Salinas Valley, known as America’s Salad Bowl, Taylor Farms, one of the largest leafy greens growers in the country, said it’s taking the temperatures of employees before they start their shifts. The company said it also redesigned how its lettuce harvest crews work so laborers can maintain a distance instead of working in close proximity like they normally would.
In Florida, protections vary considerably operation to operation. At behemoths like Lipman Produce, for example, one of the country's largest growers of tomatoes, field workers have been spaced out and had their breaks staggered to avoid congregating. There are now more buses transporting workers so they can maintain social distancing as they’re shuttled between harvest locations. The company has even started providing food in some cases so workers can avoid the grocery store.
But not all growers have gone to such lengths, and farmworker advocates have been vocal in calling for enforceable standards and far more resources.
The Coalition of Immokalee Workers, one of the best-organized farm worker groups in the country, for example, has repeatedly asked Florida Gov. Ron DeSantis to set up a field hospital in Immokalee since that community does not have one.
State officials have so far not complied, arguing that hospitals in nearby cities are currently able to handle cases in the area and that other preventative measures have been taken. The state did eventually respond to the group’s request for more testing in the area. Last week, the Florida Department of Health and the Florida National Guard opened up a testing site in Immokalee. People began lining up two hours before the site opened, according to local press reports. Results are not yet available.
The Coalition of Immokalee Workers is asking state officials to provide any positive workers with space for isolation, health care and contact tracing to stem the spread in the community.
Farmworker advocates said they will continue to urge policymakers to pay much more attention to front line field workers. They argue that these individuals should be seen as just as essential as nurses or delivery workers, who have been much more broadly recognized for their contributions during the pandemic.
“That’s one thing that many people don’t realize: Our well-being is tied together,” said Chavez, a farmworker leader with CIW. “If we don’t have food, then there is no way in which anything else can function.”
