6 farmworkers fired amid hot temps, multiple California state agencies now investigating retaliation

Farmworkers are responsible for feeding much of the country. For many, it's a job they've adapted to even in the summer heat.But toiling in triple-digit temperatures is a dangerous job.Jorge Santana, who's been working in California fields for years, says that contractors usually send their crews home when it gets too hot.But on June 6, during a job with Ruiz Farm Labor in Yolo County, he says, that didn't happen.Santana noticed a woman experiencing cold sweats. A group of six people agreed to all leave in solidarity with their coworkers."We notified a supervisor that we wanted to leave early and she said, 'Yeah, you guys go ahead. You guys have the right to leave whenever you want, no problem,'" recalled Santana.But when they came back the next day, there was a problem."They had a paycheck ready and they told us there was no more work for us," Santana said. Santana said that all six farmworkers were let go from their jobs as a form of retaliation for leaving early the day before.In search of an explanation, they called the contractor and were allegedly told that he didn't have to explain.KCRA 3 reached out to Conrado Ruiz, the owner of Ruiz Farm Labor, multiple times. Over a phone call, Ruiz confirmed the coworkers had been laid off but didn't explain why."Workers are every day making this calculus in their heads. You know, do I speak up? Do I stay safe or do I or do I risk losing my job? Or should I just keep my head down, keep working, even if I feel sick, even if I feel dizzy, even if I'm starting to get those early warning signs of real heat stress," said Antonio DeLoera with the United Farm Workers Union, who got involved and participated as a liaison after being notified of the incident. California InvestigationsCal/OSHA confirmed to KCRA 3 that it opened a complaint-initiated inspection with Ruiz Farm Labor on June 13.The Labor Commissioner's Office also received retaliation complaints regarding Ruiz Farm Labor and initiated its investigation.The Agricultural Labor Relations Board received an allegation of unfair labor practices from a worker regarding the same employer and grower Cooley Enterprises, Inc. in Dixon for retaliatory practices.Neither agency comments on active investigations.Cal/OSHA says employers should have a heat prevention plan in place."How they actually provide water shade rest periods for high heat situations. They should have an emergency response plan so they know what they need to do if somebody does get ill," said Cal/OSHA's Acting Deputy Chief of Enforcement David Wesley.Wesley added that when the agency receives a high heat advisory from the National Weather Service, they go out to pre-established locations to look for workers in those areas.For inspections, he added, "There needs to be a justifiable reason for us to go out, not just because we want to target a particular employer. So what we do is we have to we have to randomize the areas and then go to those areas and look to see what we find."This year, Cal/OSHAHas performed 50 proactive high-heat inspections.24 have been in agriculture and 24 in construction.In 2023, Cal/OSHA:Conducted 3,182 inspections where the employer's Heat Illness Prevention Program was reviewed.Opened 925 inspections where employers were issued violations, out of 3,395.Investigated 45 cases of heat-related illnesses, down from 82 in 2022.Performed 257 proactive high-heat inspections of outdoor workplaces.The total fines for inspections opened in 2023 was $1.44 million.One heat-related fatality was reported in Imperial County.Santana said nothing is worth risking his health and he's happy to be alive."It's better to lose a day of work or out of work than losing your life," Santana said.In California, employers must protect outdoor workers with water, rest, shade, and training from heat illness.Labor Code section 6311 also prohibits employers from retaliating against an employee who refuses to perform work that would violate any occupational safety or health standard (including Cal/OSHA’s Health Illness prevention standards) or any safety order of the division or standards board, if the violation would create a real and apparent hazard to the employee or their fellow employees.Employees who have been retaliated against for complaining about safety or health conditions or practices or who refused to work, because such work would violate a safety or health standard, can file a claim with the Labor Commissioner. Remedies may include lost wages and benefits and other penalties.