Día de los Muertos (Day of the Dead) Celebrations

Tuesday, November 1
6:00pm - 9:00pm

Dos Taquitos Centro
106 S. Wilmington Street
Raleigh, NC 27601 

Please join us to honor and celebrate the lives of farmworkers and farmworker children who have died while working in the fields.

Day of the Dead (Día de los Muertos) is a Mexican holiday and celebration that takes place on November 1st and 2nd, in connection with the Catholic holidays of All Saints day and All Souls’ Day.

Traditions connected with the holiday include building private altars honoring the deceased using sugar skulls, marigolds, and the favorite foods and beverages of the departed and visiting graves with these as gifts.

Info, RSVP, comment on Facebook here.

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If you cannot make it to the party in Raleigh, we'd like to invite you to host your own Día de los Muertos celebration at your home, church, or community center. Please let us know if you're hosting a party and we'll help make sure you have everything you need to make it a success.

Here's a packet with ideas for how to make this work:

Host a Day of the Dead Celebration
North Carolina Farmworker Obituaries

NC Dept. of Labor Neglects to Enforce Laws that Protect Farmworker Health and Safety

Raleigh, NC – Legal Aid of North Carolina's Farmworker Unit has filed a CASPA (Complaint Against State Program Administration) with the US Department of Labor (USDOL) due to the fact that the North Carolina Department of Labor (NCDOL) is failing to ensure safe working and housing conditions for farmworkers in North Carolina. The Agricultural Safety and Health Bureau of the NCDOL is responsible for inspecting farmworker housing prior to occupancy, investigating complaints when housing is substandard, and following up on any OSHA violations which include field sanitation and health and safety in agriculture. NCDOL is also responsible for inspecting poultry industry worksites.

Farmworker advocates report that NC Labor Commissioner Cherie Berry has repeatedly ignored concerns raised by them over the years about substandard migrant farmworker housing and working conditions. Many migrant housing units are overcrowded, in disrepair and have unsanitary cooking and washing facilities. Fields where farmworkers risk exposure to pesticides and extreme temperatures harvesting crops may lack bathrooms and safe water for drinking and hand washing. “Since the farmers aren’t getting any complaints,” says a 19-year old Triangle-area farmworker, “they’re going to keep on going and working like they regularly do, without any water, port-o-john, drinking water, [or even] water to wash your hands."

Despite numerous housing and field safety violations, federal and state audits, as well as independent research, have determined that NCDOL simply fails to enforce the law. For example, NCDOL is cited for being inconsistent in the way it issues penalties, classifies violations incorrectly, and routinely reduces and/or negotiates fines downwards, even in cases where NCDOL found a high probability of serious injury. NCDOL’s own internal audit determined that it does not always follow the proper procedure for classifying violations and calculating penalties. Even when employers were aware of the violation and took no action, the violations were still not classified as “willful,” which means that the employer knew the law and violated it anyway.

Rob Segovia-Welsh, former NCDOL inspector reports that, “For over four years I conducted and accompanied co-inspectors on compliance inspections for NCDOL and I can say that 99.9% of the monetary penalties attached to health/safety violations are dramatically reduced by both the mandatory set penalty calculator devised by USDOL and by outright bargaining with the employer.”   

Many agricultural employers abide by the law. But in 2009, only 55 migrant camps were inspected after workers arrived, when violations are more likely to be evident, out of more than 1200 registered camps and over 4000 total migrant camps in North Carolina in any given season. NCDOL is failing farmworkers and their children as well as honest employers who work hard to provide legal, safe working conditions. Poor migrant housing and working conditions can lead to acute and long-term illnesses and are an affront to human dignity.

For more information on the CASPA complaint contact Mary Lee Hall, Managing Attorney of the Farmworker Unit of Legal Aid of NC, at 919-856-2180 or maryleeh@legalaidnc.org. For information on research surrounding farmworker living and working conditions in North Carolina, please see below or contact Bart Evans at 919-660-0704 or bdevans@duke.edu. 

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Background & Facts

Download this fact sheet.

Nearly all of North Carolina’s more than 58,000 migrant farmworkers live in housing that is provided by the grower or crewleader. The Agricultural Safety and Health Bureau of the North Carolina Department of Labor (NCDOL), which is headed by Commissioner Cherie Berry, is responsible for inspecting migrant housing prior to occupancy, and for investigating complaints when the housing is substandard. Federal and state audits, as well as independent research, reveal the following serious problems in NCDOL’s enforcement practices.

1) NCDOL is inconsistent in the way it issues penalties. 

• The amount NCDOL fines someone for a migrant housing violation can vary significantly for the same violation. For example, according to NCDOL’s recent internal audit, unadjusted penalties for failing to register a migrant camp ranged from $100 to $5,000.

2) NCDOL does not classify violations correctly, resulting in incorrect penalties.

• NCDOL was criticized by the US Department of Labor in 2009 for using guidelines that are weaker than federal guidelines, resulting in lower penalties. NCDOL rarely, if ever, classifies a violation as willful, (meaning the employer knew the law and violated it anyway), doing so only once in 2009. USDOL was 62 times more likely to cite an employer for a willful violation than was NCDOL, and more than twice as likely to classify a violation as serious.
• A review of NCDOL’s migrant housing inspections between 2006 and 2009 by the Farmworker Advocacy Network reveals that some serious violations did not result in a penalty, even at the initial citation stage. Even when employers were aware of the violation and took no action, the violations were still not classified as willful.
• The NCDOL’s internal audit determined that they do not always follow the proper procedure for classifying violations and calculating penalties. 

3) NCDOL routinely reduces and/or negotiates fines downwards.

• In every migrant housing inspection reviewed by FAN during a three-year period, fines were reduced, even in cases where NCDOL found a high probability of serious injury.
• NCDOL frequently reduces penalties for housing and field sanitation violations if the employer requests an informal conference, but there are no guidelines calling for a reduction at this stage.
• A recent USDOL investigation found that NCDOL’s policies for calculating and reducing penalties resulted in inappropriately low fines for serious violations—on average only $512. NCDOL refused to change its policies in response to this investigation.

4) NCDOL does not focus its inspections on the worst migrant camps.

• In 2009, only 55 migrant camps were inspected after workers arrived, out of more than 1200 registered camps and over 4000 total migrant camps in North Carolina in any given season. There are only 7 inspectors for the entire state. According to recent research conducted by Wake Forest University, camps are more likely to have violations mid to late season after workers are living in the housing, rather than before they arrive.
• NCDOL acknowledges that it "has not met its follow-up inspection goals." Only 0.8% of inspections in 2009 were follow-up inspections to check on situations where problems were found in the past. Housing problems can persist and even worsen for years because of lack of follow-up.
• H2A camps are more likely to be inspected than non-H2A, even though housing violations are more common in non-H2A camps. 

Recommendations from recent reports/research:

• Set up stricter requirements for penalty reductions.
• Change the current policies on how citations are grouped and fined as a single violation, so that serious violations are appropriately identified and addressed.
• Use the correct criteria for issuing willful violations and issue appropriate penalties when such violations are found.
• Issue serious violation citations in all instances where health and safety hazards are documented in the investigation.
• Review the effectiveness of NCDOL-initiated investigations in detecting high hazard establishments.
• Target repeat violators for follow up investigations and issue higher penalties to repeat violators.
• Increase the number of housing inspectors.
• Increase the number of post-occupancy inspections conducted.
• Expand efforts to identify and inspect unregistered camps.
• Target a portion of post-occupancy inspections to camps with no H2A workers and camps with more than 10 residents.
• End the practice of reducing fines at the informal conference stage, and strictly adhere to deadlines for requesting an informal conference.

Background Information

• Housing for migrant farmworkers is often overcrowded and unsanitary. Many migrant housing units have inadequate laundry, kitchen, and bathroom facilities.
• A 2004 Study of NC Farmworker Family Housing found that 40% of the farmworkers surveyed lived in overcrowded housing and most (63-84%) did not have washing machines or dryers.
• Most farmworkers live in labor camps in isolated, rural areas that lack telephones and their own transportation, making it difficult to get assistance in the event of an emergency.
• Many farmworker housing units lack locks on doors or windows, making them susceptible to break-ins and robberies.
• Poor migrant housing conditions lead to increased rates of lead poisoning, respiratory illnesses, ear infections, parasitic infections, and prolonged pesticide exposure.
• All H-2A camps are inspected annually by the NC DOL before they are occupied, whereas less than half of other farmworker housing is inspected at all. Scarce resources of the NCDOL are currently not focused on the housing most likely to have problems
• Uninspected camps, along with those that are repeat violators, have some of the most dangerous conditions.  

Sources Include: (1) Arcury, et al., Housing Conditions in Temporary Labor Camps for Migrant Farmworkers in North Carolina, Policy Brief, Center for Worker Health, Wake Forest University School of Medicine. (2) Employment Security Commission (3) Ellen Phelps, North Carolina Migrant Housing and Safety Standards: An Empirical Assessment of Compliance and Enforcement Statistics, 2006. (4) NC Department of Labor – Agricultural Safety and Health Bureau, Annual Report to the Senate and House Appropriations Subcommittee on Natural and Economic Resources, 2009. (5) NCDOL Internal Assessment Report, March 26, 2009. (6) US Department of Labor, Occupational Safety and Health Administration, Enhanced Federal Annual Monitoring Evaluation (FAME) Report of the North Carolina Occupational Safety and Health Program, October 1, 2008 – September 30, 2009. (7) September 17, 2010 Letter from Allen McNeely to US Department of Labor, Occupational Safety and Health Administration.

Betting the Farm

Earlier this month, there was a fascinating article by the Philadelphia CityPaper about how homeless men in Philadelphia sometimes end up picking potatoes in North Carolina. With the promise of housing and steady work, recruiters find men who are willing to make the trek down South. The article highlights their experiences, which often consist of various kinds of exploitation.

Exploitation of farmworkers, whether homeless men or recent immigrants, is no accident. As the story notes:

For the 4,000-some labor camps across North Carolina, the state's Department of Labor has only seven employees inspecting for working violations, according to Melinda Wiggins, executive director of Student Action with Farmworkers in North Carolina, who is herself the daughter and granddaughter of sharecroppers. She and her team visit labor camps across North Carolina to interview migrant workers and encourage them to stand up for their rights.

They also pressure federal and state authorities to crack down on housing and labor violations. Beyond the lack of resources, she says, is a lack of will by federal and state officials whom she says have been heavily influenced by the agriculture lobby. In 2008, the Charlotte Observer reported that campaign donors for the Department of Labor commissioner, Cherie K. Berry, had systematically reduced fines for labor law violations for certain companies. The Observer investigation found that companies that donated to the commissioners' campaign saw a reduction of 70 percent in their citation fines.

Click here to read the whole article.

Student Action with Farmworkers is a founding member of the Farmworker Advocacy Network.

Overworked & Under Spray: Young Farm Workers' Pesticide Stories

From our friends at Toxic Free NC:

Every summer, the Farm Worker Documentary Project takes Toxic Free NC staff and our Farm Worker Documentary Intern into fields and labor camps across North Carolina. They interview farm workers about their experiences to bring their voices into the conversation about pesticide use in our state.

This year's documentary, Overworked and Under Spray, is a six-minute film that shares stories from young farm workers about resulting health effects from their exposure to pesticides in the fields, with commentary from health outreach and advocacy experts.

With the Farm Worker Documentary Project, we hope to tell a story about the role pesticides play in making agriculture the 3rd most dangerous industry in the US, how our farm workers are affected by pesticide use, and how we can change the way our food is grown.

Click here to find out more about our Farm Worker Documentary Project and what you can do to show your support for NC's farm workers.

New Report Documents Abuses in Agricultural Guest Worker Program

The federal program meant to provide a legal workforce for farmers to harvest crops in the absence of domestic labor has grown rife with abuse and lacks needed protections for the thousands of guest workers laboring to put food on America’s tables, according to a new report released today.

The report by Farmworker Justice offers an in-depth look at the violations and abuses of the federal H-2A agricultural guest worker program, exposing the fundamental flaws of guest worker models and revealing the program’s effect of keeping wages low in the U.S. for both foreign and domestic workers.

North Carolina has more H-2A guest workers than any other state. For North Carolina, which boasts an agricultural industry worth over $2.8 billion, the Department of labor certified 9,387 guest workers, or 95 percent of the applicants.

In “No Way to Treat a Guest: Why the H-2A Agricultural Visa Program Fails U.S. and Foreign Workers,” a report based on interviews with current and former H-2A workers, Farmworker Justice documents the human toll of a system meant to provide a legal and dependable workforce for American farmers. 

“This investigation corroborates the view that the guestworker model and the H-2A program should not be the solution to ensuring a sustainable labor force for American agriculture,” said Farmworker Justice President Bruce Goldstein.  “Stronger protections and enforcement in the H-2A guestworker program are needed but cannot solve the labor abuses that inevitably arise.  America is a nation of immigrants, not a nation of guestworkers.”

The report offers multiple short-term and long-term solutions to eliminate abuses in the H-2A program and ensure a sustainable labor force for American agriculture including:

• Congress should pass the Agricultural Jobs, Opportunities, Benefits, and Security Act (AgJOBS).
• The Department of Labor should increase oversight and enforcement of worker protections in the H-2A program.
• The H-2A visa program should be changed to provide workers with the freedom to change employers.
• H-2A workers should be able to earn permanent legal immigration status in order to be able to protect their rights and improve their conditions.

Even during a period of high unemployment and economic recession in the United States, the U.S. Department of Labor has expanded approval of H-2A visas for entering farmworkers by 80 percent from 2005 to 2009.  The five states with the most guest workers (North Carolina, Louisiana, Georgia, Kentucky and Florida) account for 37 percent of guest worker certification nation-wide. Guest workers make up roughly 10 percent of the agricultural labor force in the United States, between 50 – 70 percent of which is composed of undocumented workers.

For North Carolina, which boasts an agricultural industry worth over $2.8 billion, the Department of labor certified 9, 387 guest workers, or 95 percent of the applicants.

Guest workers “non-immigrant” status deprives them of bargaining power with their employer, which leads employers to prefer guest workers over domestic workers and keeps wages low for both.  Recruitment abuses in the program have lead to cases of debt peonage, human trafficking, forced labor and wage theft.

Download the full report

Spotlight on Child Labor

By Drew Gores, Undergraduate Student, Duke University 

Child labor has entered the spotlight in recent months as two states have introduced bills that would weaken legal protections for child workers. During the spring, Missouri State Senator Jane Cunningham introduced SB222, which aims to reduce the minimum age at which a child may be employed and eliminate restrictions on the number of hours a child is allowed to work. Elsewhere, the Maine state legislature held hearings on a bill which would permit high school students to work for more hours during the week and at later times of night.

Opponents claim that passage of these bills would facilitate the exploitation of child workers. Missing from the national discussion, however, is any mention of the fact that children working in our nation's agricultural industry already face far more harmful working conditions than even those which would be introduced by the Maine and Missouri bills. This issue is of special interest to North Carolinians. Because our state's farms employ about 150,000 farmworkers every year - some of which are children^.  

For the last 70 years, child farmworkers have been excluded from even the minimum federal legislation which protects child workers in other industries. To work at a restaurant, for example, a child must be 16, while children as young as 12 and 13 can work on a farm with parental permission.

This discrepancy in the laws persists despite the fact that the Centers for Disease Control’s National Institute for Occupational Safety Health (NIOSH) has rated the agricultural industry the most dangerous occupation for young workers. Children working in the fields labor long hours in the hot sun. They carry heavy loads and face exposure to toxic pesticides and dangerous machinery. Because they are still growing, child farmworkers are extremely susceptible to illness and trauma as a result of this work.

North Carolinians are taking action to ensure that all children in North Carolina are able to enjoy a safe childhood. Representatives Jordan and Parfitt introduced the Protect Youth/Farm Family Employment Bill, which limits the number of hours that 14- and 15-year-olds can work in our state's fields.

Farm labor is the backbone of North Carolina's agricultural industry, a sector which contributes 70.1 billion dollars to our state's GSP annually. Without strict rules regulating child labor, this industry is profiting as it puts children in harm's way. 

Our Forgotten Neighbors

The Farmworker Advocacy Network worked with Professor Bruce Orenstein's video and social change class at Duke University to create this compelling short documentary about the Harvest of Dignity Campaign. Check it out and pass it along with the social buttons below.

Documentary Film Harvest of Dignity to be featured on PIC.tv

FOR IMMEDIATE RELEASE

CONTACT:  Bart Evans, Coordinator, Farmworker Advocacy Network
919-660-0704 (o) | 510-366-1604 (c) | bdevans@duke.edu

Documentary Film Harvest of Dignity to be featured on PIC.tv
http://pic.tv/harvest

August 9, 2011, Raleigh, NC — “Most people don’t realize that young kids are picking blueberries for our pies, sweet potatoes for our casseroles and tomatoes for our salads,” said Emily Drakage of the Association of Farmworker Opportunity Programs.  Drakage works with farm worker children and their families. “People should be able to feel confident when they buy North Carolina produce that they’re not enjoying it at the expense of a child’s health and safety.” 

The Farmworker Advocacy Network and One Economy are proud to announce Harvest of Dignity, a new original documentary that provides an in-depth portrait of the people who harvest our food. Harvest of Dignity is exclusively featured online on One Economy’s Public Internet Channel, PIC.tv.

“One Economy’s Public Internet Channel provides online programs that engage, inspire and facilitate action,” said Daniel Fellini, executive producer, One Economy Corporation, “Harvest of Dignity is a film that addresses a relevant issue facing communities and we hope it will be a catalyst for thought, discussion and engagement.” 

The Harvest of Dignity film comes on the 50-year anniversary of the acclaimed 1960 film Harvest of Shame, the last televised documentary by North Carolina-born journalist Edward R. Murrow that led to permanent changes in the laws protecting workers’ rights. The new film, Harvest of Dignity, combines interviews with North Carolina farmworkers, advocates, faith leaders and educators, documentary photos and interviews collected by Student Action with Farmworkers, and clips from the original Harvest of Shame documentary. Highlighting the struggles of farmworker families traveling the eastern migrant stream, the film compares conditions from 50 years ago and today and asks how much has changed.

“The good thing is that I haven’t gotten sick, right, because supposedly in this work many people get sick, from the tobacco and from the pesticides… They don’t tell us, but you can see that they are applying pesticides, or it smells like pesticides afterward. You can smell it when you enter the field, it smells of poison and you realize what is going on. And since the boss speaks English and you speak Spanish, you don’t understand much.”

–NC farmworker, 2010

This film was produced by Minnow Media in collaboration with the Farmworker Advocacy Network and Student Action with Farmworkers. The film is in Spanish and English with subtitles. FAN uses the documentary in its campaign to reform conditions for N.C. field and poultry workers. For more information about the Harvest of Dignity campaign, visit ncfan.org.

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PARA PUBLICACIÓN INMEDIATA

CONTACTO:  Bart Evans, Coordinador, Red de Defensa de Trabajadores Agrícolas

(Farmworker Advocacy Network-FAN)
919-660-0704 (oficina) | 510-366-1604 (celular) | bdevans@duke.edu

El documental Cosecha de dignidad será presentado en PIC.tv
http://pic.tv/harvest

9 de agosto de 2011, Raleigh, NC — “La mayoría de las personas no se dan cuenta que niños pequeños están cosechando arándanos para nuestros postres, camotes para nuestros guisos y tomates para nuestras ensaladas”, comentó Emily Drakage de la Asociación de Programas de Oportunidad para Trabajadores Agrícolas (AFOP). Drakage trabaja con hijos de campesinos y sus familias. “La gente debe sentirse segura de que cuando compra productos alimenticios de Carolina del Norte no es a expensa de la salud y seguridad de un niño”.

La Red de Defensa de Trabajadores Agrícolas (FAN) y One Economy tienen el orgullo de presentar Cosecha de dignidad (Harvest of Dignity), un nuevo documental original que ofrece un retrato detallado de las personas que cosechan nuestros alimentos. Cosecha de dignidad está siendo presentada exclusivamente por Internet en el Public Internet Channel (PIC.tv) de One Economy Corporation.

“El Public Internet Channel de One Economy ofrece programas por Internet que inspiran y fomentan participación y acción”, comentó Daniel Fellini, productor ejecutivo de One Economy Corporation. “Cosecha de dignidad” aborda un tema pertinente para miembros de la comunidad y esperamos que sea un catalizador para discusión, pensamiento y participación”.

El estreno de Cosecha de dignidad coincide con el 50º aniversario de Cosecha de vergüenza (Harvest of Shame), el cual fue transmitido por televisión en 1960 y fue el último programa del periodista de Carolina del Norte Edward R. Murrow. El documental ayudó a que se hicieran cambios permanentes a las leyes para proteger los derechos de trabajadores. El nuevo documental, Cosecha de dignidad, combina entrevistas con trabajadores agrícolas, defensores, líderes religiosos y educadores de Carolina del Norte con fotografías documentales y entrevistas recopiladas por Estudiantes en Acción con Campesinos (Student Action with Farmworkers - SAF) y fragmentos del documental original Cosecha de vergüenza. La película compara las dificultades de los trabajadores agrícolas que viajaban por la ruta de la costa este hace 50 años con la situación actual de los trabajadores y pregunta cuánto ha cambiado.    

“Lo bueno es que no me he enfermado, la verdad, porque supuestamente mucha gente se enferma por este trabajo, por el tabaco y los pesticidas… No nos dicen, pero puedes ver que están rociando pesticidas o hueles los pesticidas después. Puedes olerlo cuando entras al campo, huele a veneno y te das cuenta de lo que está pasando. Y como el jefe habla inglés y tú hablas español, no entiendes mucho”.

–Trabajador agrícola en Carolina del Norte, 2010

El documental fue producido en español e inglés con subtítulos por Minnow Media, en colaboración con FAN (Red de Defensa de Trabajadores Agrícolas) y Estudiantes en Acción con Campesinos (Student Action with Farmworkers). FAN utiliza el trabajo documental en su campaña para reformar las condiciones de los trabajadores de campo y de la industria avícola en Carolina del Norte. Para mayor información sobre la campaña Cosecha de dignidad, visite ncfan.org.

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