Cal/OSHA Cites and Fines Farm Labor Contractor in Death of 17-Year-Old Farmworker ($262,700 !)

Note this company has a two year old fine it has not paid.

http://www.marketwatch.com/news/story/calosha-cites-fines-farm-labor/story.aspx?guid={02A62EE3-0E21-4F84-B2D1-A9A4D1410367}&dist=hppr

Last update: 7:44 p.m. EDT July 23, 2008
ATWATER, Calif., Jul 23, 2008 (BUSINESS WIRE) -- The Department of Industrial Relations' Division of Occupational Safety & Health (DIR/Cal/OSHA) today issued six citations, three of which are serious and willful, and assessed fines of $262,700 against Merced Farm Labor Contractor, the Atwater-based employer of a 17-year-old farmworker who died of heat stroke in May. The fines are the largest assessed to an agricultural firm since the permanent heat illness prevention regulations were implemented in 2006.

An investigation of Merced Farm Labor Contractor was initiated following the death of Maria Vasquez Jimenez who had been working nine hours in a Lodi vineyard with little water and no shade. She died two days after collapsing in the field. Among its numerous violations, company representatives failed to report the potential heat illness and death to Cal/OSHA, as required by law.

"This company willfully violated the key provisions of the heat illness prevention regulations with tragic consequences," said DIR Director John C. Duncan. "All California employers are required to provide a safe and healthful workplace and this company willfully failed to do so despite knowing the requirements contained in the heat illness regulations and continued to do so even after this terrible death."

The three serious and willful citations issued were for failure to provide heat illness prevention training to employees and supervisors although the company was aware of the requirement to do so, and failure to provide prompt medical attention in case of serious injuries when working in remote locations. Fines of $70,000 were assessed for each violation. In the Vasquez Jimenez case, investigators found that there were no emergency procedures in place.
In addition to the three serious, willful citations issued today, two serious citations were issued for failing to provide water in a readily accessible location and not permitting access to the water at all times, and failing to provide access to a shaded area for recovery periods of no less than five minutes. Fines of $22,500 were assessed for each violation.

One general citation with three violations was also issued for failing to train new employees about the requirements of the injury and illness prevention program, and failing to include written procedures for complying with heat illness prevention requirements. Fines of $1,350 each were assessed. One regulatory citation was also issued for failure to report a potential heat illness to Cal/OSHA with an assessed fine of $5,000.

FULL story at link.