Lack of expected normal physiological development (such as delayed milestone, failure to gain weight, failure to thrive), nutritional deficiencies in children only. This does not include sexual or mental development.
Contact dermatitis and other eczemaLEGISLATIVE PROTECTION
According to the U.S. Bureau of Labor Statistics, agriculture ranks as one of the most dangerous industries in the nation. [32] Commonly-reported injuries include exposure to the elements, musculoskeletal disorders, symptoms associated with pesticide exposure, and injuries. Despite their critical role in the Nation’s economy, agricultural workers are excluded from many basic labor and health & safety protections. The following are some legislative protections that apply to agricultural workers:
The Fair Labor Standards Act (FLSA): First enacted in 1938, the FLSA has undergone many amendments; it establishes a minimum wage, overtime pay, record-keeping and child labor standards. [33] The agricultural industry is specifically exempted from the requirement for overtime pay, so agricultural employers are not required to pay employees time and a half for working more than 40 hours a week. [34] Small agricultural employers that do not meet a set threshold of labor hours are also exempted from the requirement to pay minimum wage. [34]
Agricultural Worker Protection Standard: Enacted in 1992 and revised in 2015, Environmental Protection Agency enforces this standard. [38] Primarily focused on the safe handling of pesticides, the standard now prohibits children under the age of 18 from handling pesticides, requires that workers do not enter areas recently sprayed with pesticides, and improves protection for workers from retaliation if they make complaints about violations of the standard.
Immigration and Nationality Act: The H-2A portion of the Immigration and Nationality Act offers protections for H-2A workers concerning: a pay rate, written notice of the work contract with beginning and end dates, the three-fourths guarantee (employees must guarantee employment for at least 75% of the contract period), and housing provided at no cost to the employee. Employers are also responsible for transportation to and from work and transportation to and from their country of origin. [39]
Title VII of The Civil Rights Act of 1964: Enacted in 1964, the basis of this act first included the prohibition of employment discrimination based on race, sex, color, national origin, and religion. Since 1964, the act has undergone many amendments, but Title VII is significant for farmworker women. A recent study conducted in California stated that farmworker women commonly experience, sexual harassment, sexually suggestive dialogue and inappropriate touching. [40] The same study found that 24% of the women reported sexual coercion. Supervisors would also often suggest a form of payment (either money or goods) to negotiate for potential sexual favors. Researchers documented analogous findings among farmworker women in Washington state. [41] Title VII protects employees of both sexes through the Equal Employment Opportunity Commission’s guidelines for sexual harassment. Quid pro quo (offering a professional benefit in exchange for sexual acts), hostile environment (sexual comments, suggestive physical contact or showing sexual material) and retaliation (punishment from the employer for reporting or formalizing a complaint on sexual harassment) are all protections that both male and female employees have regardless of the industry. [42]
References
1. National Center for Farmworker Health. 2017 Agricultural Worker Population Estimates [Private Data Source].; 2020. http://www.ncfh.org/population-estimates.html
2. USDA ERS - Ag and Food Sectors and the Economy. Accessed November 9, 2016. http://www.ers.usda.gov/data-products/ag-and-food-statistics-charting-the-essentials/ag-and-food-sectors-and-the-economy.aspx
3. Gold A, Fung W, Gabbard S, Carroll D. Findings from the National Agricultural Workers Survey (NAWS) 2019–2020.
4. Slesinger DP, Deller S, Staude R, Wade L. Economic Impact of Migrant Workers on Wisconsin’s Economy. Center for Demography and Ecology, University of Madison–Wisconsin; 2003. Accessed January 2, 2017. https://www.researchgate.net/profile/Steven_Deller/publication/237542101_Economic_Impact_of_Migrant_Workers_on_Wisconsin's_Economy/links/02e7e527a820390012000000.pdf
5. Rosenbaum RP. The Direct Economic Impact of Migrant Farmworkers on Southeastern Michigan. Citeseer; 2001. Accessed January 2, 2017. http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.195.1580&rep=rep1&type=pdf
6. Georgia governor signs controversial anti-illegal immigration law. Accessed January 2, 2017. http://www.cnn.com/2011/US/05/13/georgia.immigration.law/index.html
7. McKissick JC, Kane SP. An evaluation of direct and indirect economic losses incurred by Georgia fruit and vegetable producers in spring 2011. J Agribus. 2011;29(2):267.
8. Bracero History Archive | About. Accessed January 2, 2017. http://braceroarchive.org/about
9. Guestworker Programs | Farmworker Justice. Accessed January 2, 2017. https://www.farmworkerjustice.org/advocacy-and-programs/guestworker-programs
10. Performance Data | U.S. Department of Labor. Accessed August 26, 2020. https://www.dol.gov/agencies/eta/foreign-labor/performance
11. The National Agricultural Workers Survey, Employment & Training Administration (ETA) - U.S. Department of Labor. Accessed January 2, 2017. https://www.doleta.gov/agworker/naws.cfm
12. Roka FM. Compensating Farm Workers through Piece Rates: Implications on Harvest Costs and Worker Earnings. Published July 13, 2015. Accessed January 2, 2017. http://edis.ifas.ufl.edu/fe792
13. Workers’ Compensation | Farmworker Justice. Accessed January 2, 2017. https://www.farmworkerjustice.org/content/workers-compensation
14. Rosenbaum SJ, Shin P. Migrant and seasonal farmworkers: health insurance coverage and access to care. Published online 2005. Accessed January 2, 2017. http://hsrc.himmelfarb.gwu.edu/sphhs_policy_facpubs/274/
15. National Association of Community Health Centers. Migrant and Seasonal Farmworker Access to Health Care Services and Insurance Coverage: Summary Report on Issues, Resources and Potential Solutions. Accessed January 2, 2017. http://www.fachc.org/pdf/mig_farmworker%20study%20Summary%20Report.pdf
16. Gunsalus RL. Migrant Farmworkers and Access to Health Care in Minnesota: Needs, Barriers, and Remedies. Published online 2013. Accessed January 2, 2017. http://digitalcommons.macalester.edu/soci_honors/42/
17. Rosenbaum SJ. Medicaid Portability in the Context of Oral Health Care for Head Start-Enrolled Children in Migrant Farmworker Families.; 2008. Accessed January 2, 2017. https://www.mchoralhealth.org/PDFs/MedicaidPortability.pdf
18. Workforce System Strategies: Farmworker Housing in Washington State: Safe, Decent and Affordable. Accessed January 2, 2017. https://strategies.workforcegps.org/resources/2014/08/11/16/31/farmworker-housing-in-washington-state-safe-decent-and-affordable
19. Vallejos QM, Quandt SA, Grzywacz JG, et al. Migrant farmworkers’ housing conditions across an agricultural season in North Carolina. Am J Ind Med. 2011;54(7):533-544. doi:10.1002/ajim.20945
20. Colletti J, Smith D, Herrera S, Herrera T, Flores L. County of Riverside 2006 Coachella Valley Farm Worker Survey: Final Report.; 2006. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjfq-GXxqPRAhUq5oMKHU3jBAQQFggaMAA&url=http%3A%2F%2Fwww.bhcecv.org%2Fgetdoc.cfm%3Fid%3D9&usg=AFQjCNEMAecYsFbMXy0OsEwhXASz7cWWrg&sig2=LPB8Ee-5P6DwR_o4IIM6_w&bvm=bv.142059868,d.amc
21. Evans GW. The built environment and mental health. J Urban Health Bull N Y Acad Med. 2003;80(4):536-555. doi:10.1093/jurban/jtg063
22. Table 6A - Selected Diagnoses and Services Rendered. Accessed January 2, 2017. https://data.hrsa.gov/tools/data-reporting/special-populations
23. HUD Programs for Colonias and Farmworkers | HUD.gov / U.S. Department of Housing and Urban Development (HUD). Accessed November 20, 2020. https://www.hud.gov/groups/hudprograms
24. National Housing Trust Fund. National Low Income Housing Coalition. Accessed November 20, 2020. https://nlihc.org/explore-issues/projects-campaigns/national-housing-trust-fund
25. Community Facilities Programs | Rural Development. Accessed November 20, 2020. https://www.rd.usda.gov/programs-services/all-programs/community-facilities-programs
26. Mireles GF. The Effects of Homeownership on Civic Participation among Immigrant Farmworkers in Washington State. Rural Sociol. 2017;82(1):129-148. doi:https://doi.org/10.1111/ruso.12118
27. Migrant and Seasonal Farmworkers: Health Care Access and HIV/AIDS in This Population | National Prevention Information Network. Accessed January 2, 2017. https://npin.cdc.gov/publication/migrant-and-seasonal-farmworkers-health-care-access-and-hivaids-population
28. California Institute for Rural Studies. Pathways to farmworker health care. Published 2002. Accessed January 2, 2017. http://www.cirsinc.org/phocadownload/CaseStudyCoachella.pdf
29. Community Health Centers: Chronicling Their History and Broader Meaning. Accessed November 20, 2020. /stories/community-health-centers-chronicling-their-history-and-broader-meaning
30. Special Populations. Accessed January 2, 2017. https://bphc.hrsa.gov/qualityimprovement/strategicpartnerships/specialpopulations/index.html
31. 2015 Health Center Data - National Program Grantee Data. Accessed January 2, 2017. https://bphc.hrsa.gov/uds/datacenter.aspx?fd=mh
32. Bureau of Labor Statistics USD of L. Census of Fatal Occupational Injuries: Table A-1. Published online 2016. Accessed January 2, 2017. https://www.bls.gov/iif/oshwc/cfoi/cftb0286.pdf
33. U.S. Department of Labor -- History -- Fair Labor Standards Act of 1938: Accessed January 2, 2017. https://www.dol.gov/oasam/programs/history/flsa1938.htm
34. Wage and Hour Division, U.S. Department of Labor. Fact Sheet #12: Agricultural Employers under the Fair Labor Standards Act (FLSA).; 2020. Accessed November 20, 2020. https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs12.pdf
35. Migrant and Seasonal Agricultural Worker Protection Act (MSPA) - Wage and Hour Division (WHD) - U.S. Department of Labor. Accessed January 2, 2017. https://www.dol.gov/whd/mspa/
36. Agricultural operations: OSHA enforcement limitations and standards. | Occupational Safety and Health Administration. Accessed November 20, 2020. https://www.osha.gov/laws-regs/standardinterpretations/1999-12-02
37. Wage and Hour Division, U.S. Department of Labor. Fact Sheet #51: Field Sanitation Standards under the Occupational Safety and Health Act.; 2008. Accessed November 20, 2020. https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs51.pdf
38. US Environmental Protection Agency. Changes to EPA’s Farm Worker Protection Standard. Published 2015. Accessed December 14, 2016. https://www.epa.gov/sites/production/files/2015-09/documents/worker-protection-factsheet.pdf
39. H-2A: Temporary Agricultural Employment of Foreign Workers - Wage and Hour Division (WHD) - U.S. Department of Labor. Accessed January 2, 2017. https://www.dol.gov/whd/ag/ag_h-2a.htm
40. Waugh IM. Examining the sexual harassment experiences of Mexican immigrant farmworking women. Violence Women. 2010;16(3):237-261. doi:10.1177/1077801209360857
41. Kim NJE, Vásquez VB, Torres E, Nicola RMB, Karr C. Breaking the Silence: Sexual Harassment of Mexican Women Farmworkers. J Agromedicine. 2016;21(2):154-162. doi:10.1080/1059924X.2016.1143903
42. Title VII of the Civil Rights Act of 1964. Accessed January 2, 2017. https://www.eeoc.gov/laws/statutes/titlevii.cfm
This publication is supported by the Health Resources and Services Administration (HRSA) of the U.S. Department of Health and Human Services (HHS) as part of an award totaling $1,916,466 with 0 percentage financed with nongovernmental sources. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by HRSA, HHS or the U.S. Government.