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At the end of November, California’s Occupational Health and Safety Administration (Cal-OSHA) and the Occupational Safety & Health Standards Board (OSHSB) put into place new safety measures for agricultural workers. Now business groups are suing to stop the implementation of these new rules. 

The new California OSHA Emergency Temporary Safety measures for workers include mandatory face coverings and testing requirements. Under these new rules, employers must also educate employees on how COVID-19 is spread and provide free testing if there are multiple COVID-19 outbreaks in a single workplace. In addition, workers who were exposed to COVID-19 must be given paid leave to stop the spread of the virus. 

In the lawsuit filed in California state court, the California business associations argue that worker safety is a threat to the agricultural industry in the state, calling the new rules “absurd”. They complain that frequent testing of workers is unrealistic in rural areas where most agricultural sites are located.  In addition, the business groups argue that the capacity restrictions on employer-provided housing and transportation and paying workers who have been exposed to the coronavirus is too expensive, threatening the essential infrastructure of the agricultural industry. 

However, the OSHSB says that their previous COVID-related rules and guidelines have resulted in a systemic failure of compliance in the agricultural industry and made it difficult for the state government to hold employers accountable for keeping workers safe during the pandemic. 

The business’ rebuke of the new safety measures comes at a time when the coronavirus pandemic is raging throughout the U.S., and where California in particular is in danger of running out of hospital beds and rationing medical care. The pandemic has already taken a devastating toll on the farmworker community in California, where almost 40% or workers report living in overcrowded housing and COVID-19 testing and treatment resources are scarce. 

If you or anyone you know has suffered any type of abuse in your place of work, you can contact Centro de los Derechos del Migrante, Inc. (CDM). You can call from Mexico at 8005901773, and from the U.S. at 855.234.9699. To speak with someone in Mixteco you can call 953 554 0517. All assessments are completely free and confidential.