New study: Rampant housing violations at migrant worker camps

Wake Forest University Study Finds Violations Rampant in Migrant Housing

Study reveals multiple housing law violations at every camp inspected; advocates urging NCDOL to increase inspections of farm worker housing

RALEIGH (March 30, 2012) – A newly released study from the Center for Worker Health at Wake Forest University School of Medicine found that migrant housing in North Carolina is plagued with violations. Researchers uncovered at least four violations of housing law in each of the 183 camps they inspected for the study.

The study, printed in the March edition of the American Journal of Industrial Medicine, is the largest and most comprehensive study of farm worker housing ever conducted in the Southeastern United States. Researchers documented many serious violations of the North Carolina Migrant Housing Act, including:

-Infestations of roaches, mice and rats;
-Non-working toilets and showers;
-Contaminated drinking water;
-Lack of fire safety equipment and smoke alarms.

The North Carolina Department of Labor is responsible for enforcing migrant housing law. Wake Forest University researchers used NCDOL migrant housing standards to evaluate the homes and labor camps they visited.

Farmworker advocates will meet with NCDOL Commissioner Cherie Berry next week to discuss the findings of the study.

For questions regarding the Wake Forest University study, contact Dr. Thomas A. Arcury, PhD at (336) 716-9438, or tarcury@wakehealth.edu.

For More Information, Contact:  Clermont Fraser, NC Justice Center, (919) 861-0606(office), clermont@ncjustice.org; Ana Duncan Pardo, Toxic Free North Carolina, (919) 818-5933, ana@toxicfreenc.org; Jeff Shaw, Director of Communications, NC Justice Center, (503) 551-3615, jeff@ncjustice.org.

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.

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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