A Real Conversation About Heat Regulations in Agriculture
We’ve heard things like, OSHA’s proposed heat regulations are long overdue, and, the Department of Labor is finally addressing an issue that has been plaguing the agricultural sector for decades. It seems almost silly that universal and basic regulations to protect farm workers from heat related injuries on the job haven’t been established in the United States. And yet, with a government initiated proposal comes debate. What are the obstacles that have impeded this process and is there a more impactful path to achieving a safer working environment for agricultural workers?
The Challenges
A bird’s eye view of a farm or ranch usually reveals neat rows of green growing things and squared off pastures full of grazing animals, but the logistics of managing the land and animals that produce the food we consume isn’t as tidy as it sometimes looks. While agricultural workers are 35 times more likely to experience a heat related injury on the job than other industries, providing the infrastructure needed to meet Department of Labor suggested criteria could be trickier than we initially think.
Even companies onboard with new health and safety regulations admit that agriculture has its own set of unique challenges that need creative solutions focused more on company culture than checklists. A few real challenges for farms are:
Rural Dynamics
Proposed regulatory heat safety guidelines include consistent communication to check on the wellbeing of laborers while at work. It sounds simple, but most farms and ranches in the U.S. are still in rural and remote areas that have spotty cell service and are too big to expect walkie talkies to work reliably over long distances.
Ebb and Flow of Harvest
There isn’t necessarily a normal daily rhythm on a farm. Harvest seasons happen quickly requiring a certain pace of removing food from the field before it over ripens or goes bad. Companies have genuine concern over how to accommodate a lot of regulations when mandatory breaks must be enforced. Investing in more employees to make sure rules are met and the harvest happens efficiently is just that, a greater financial investment.
Employee Pay Structure
Oftentimes, on farms that rely on laborers to harvest produce, workers are paid by how much they can harvest in a certain amount of time versus a day wage. In some cases, employers worry that their crews won’t take breaks because it affects how much money they can earn in a day’s time. Meeting regulations in this scenario is not as simple as having water bottles and shade readily available. It’s a complete restructuring of a compensation plan and potentially a crew of laborers.
Financial Investment
While no company wants to see heat related injuries increase, plenty of farms fear the regulations will equate to a financial investment that doesn’t significantly impact worker health the way the regulations intend to. Purchasing an extra cell phone, a few umbrellas and large cooler is a minimal investment on a small farm, but for large scale operations coordinating logistics across multiple states, the investment in more employees, communication infrastructure and movable rest and hydration stations could be significant enough to impact bottom lines.
Work Related Injuries Caused By Heat
But the facts remain. An average of 600 people die every year in the United States due to heat related issues while working. And last year, 100,000 people reported heat injuries on the job including heat exhaustion, heart stroke and impaired cognitive functions that led to accidents on the job since 1992. Many of the cases involved people who did not have medical insurance, quick access to medical care, or access to a place out of the heat to recuperate like an air conditioned home. In extreme cases where working conditions were deplorable, employees felt afraid to tell employers that they were unwell because they believed they would lose their jobs. Mandatory heat safety regulations are meant to support these people.
The economic impact of heat related deaths, accidents and injuries comes in at an estimated $100 billion in loss annually. Advocates of baseline regulations believe that any investment in the health and safety of agricultural workers will minimize these losses. Dollars that could be spent on shade structures, rest areas, hydration, education, medical and communication infrastructure on the job sites and education are likely dollars already being lost simply because there are no heat injury prevention measures in place. Income loss due to unharvested food because of lack of laborers, heat related medical expenses absorbed by companies who didn’t have safety protocols in place, and lost labor due to mistrust are all factors that contribute to the billions of dollars of lost revenue in the ag sector.
OSHA, the Department of Labor and many state coalitions maintain that heat safety regulations are not only financially feasible, they are the smart economic choice for every company; particularly any farm interested in sustainable, organic or regenerative methods that require more manpower. Spend the money to foster healthy working conditions or lose the money due to accidents, sick days and lost product.
Fair Food Program
While the proposal is debated, discussed and fine tuned, many states are taking matters into their own hands. States like California, Washington, and Oregon have had heat safety regulations in place for some time. And, Florida has been opposed to blanket government regulations in favor of systems that foster trust across entire supply chains from laborers, to farm owners, to retailers and consumers.
The Fair Food Program offers a special certificate to agricultural businesses that adhere to their guidelines in the form of a label that reads “Fair Food” so that consumers know the food was harvested by people in safe working conditions. Workers who feel safe, know their employers care, and don’t feel afraid to vocalize concerns about wellbeing are more inclined to stick around. A culture built around caring well for employees seems to have a faster impact on the health of agricultural workers than government regulations still under revision.
While it requires an investment and in some cases a shift in logistics, Florida farmers believe they will see an uptick in consumer trust that will lead to loyal consumer purchases. Rather than a trickle down from government agency enforcement, small farms working to understand local dynamics and employee needs, with the goal of greater transparency, are finding traction. The Fair Food Program can be in operation all over the world supporting ag workers.
Government policy is on its way, and it will eventually work to support these localized efforts. The Department of Labor has voiced its approval of the Fair Food Program which means though headlines suggest the two are in opposition, their goals are similar. The hope is that in the long run, U.S. regulations won’t undermine what has already been accomplished and instead add to education and awareness for the sake of healthier work environments.
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