Poor regulatory safeguards leave farmworkers suffocating in the face of increasing heat waves

This story is part of the series A Changing Basin from the Mississippi River Basin Ag & Water Desk. Take a quick survey and let us know how extreme weather is affecting you.

Juan Peรฑa, 29, has worked in the fields since childhood, often exposing his body to extreme heat like the wave hitting the Midwest this week.

The heat can cause such deep pain in his whole body that he just wants to lie down, he said, as his body tells him he canโ€™t take another day on the job. On those days, his only motivation to get out of bed is to earn dollars to send to his 10-month-old baby in Mexico.

Farmworkers, such as Peรฑa and the crew he leads in Iowa, are unprotected against heat-related illnesses. They are 35 times more likely to die from heat exposure than workers in other sectors, according to the National Institutes of Health, and the absence of a federal heat regulation that guarantees their safety and life โ€“ when scientists have warned that global warming will continue โ€“ increases that risk.

Over a six-year period, 121 workers lost their lives due to exposure to severe environmental heat. One-fifth of these fatalities were individuals employed in the agricultural sector, according to an Investigate Midwest analysis of Occupational Safety and Health Administration (OSHA) data.

One such case involved a Nebraska farmworker who suffered heat stroke alone and died on a farm in the early summer of 2018. A search party found his body the next day.

In early July 2020, a worker detasseling corn in Indiana experienced dizziness after working for about five hours. His coworkers provided him shade and fluids before they resumed work. The farmworker was found lying on the floor of the company bus about 10 minutes later. He was pronounced dead at the hospital due to cardiac arrest.

โ€œAs a physician, I believe that these deaths are almost completely preventable,โ€ said Bill Kinsey, a physician and professor at the University of Wisconsin-Madison. โ€œUntil we determine as a society the importance of a human right for people to work in healthy situations, we are going to see continued illness and death in this population.โ€

Juan Peรฑa (left) with other farmworkers take a quick break in a field in southeastern Iowa. While this summer has not been especially hot in Iowa, the crew leader (standing) said, heโ€™s noticed over the years summers have gotten hotter.Photo taken on Wednesday, July 20, 2023. photo by Sky Chadde, Investigate Midwest

Peรฑa harvests fields in Texas and Iowa. This summer, heโ€™s overseen five Mexican seasonal workers picking vegetables and fruits in Louisa County, Iowa. With its high humidity and heat, Iowaโ€™s climate causes the boys, as he affectionately refers to them, to end their day completely wet, as if they had taken โ€œa shower with their clothes on,โ€ he said. They work up to 60 or 70 hours a week to meet their contractual obligations.

โ€œIโ€™m lucky because my bosses are considerate (when itโ€™s hot),โ€ he said in Spanish, recalling that he managed to endure temperatures as high as 105 degrees in Texas. โ€œIโ€™ve had bosses who, if they see you resting for a few minutes under a tree to recover yourself, think youโ€™re wasting your time and send you home without pay.โ€

Some of his friends have been less fortunate, and a few minutes of rest have been cause for dismissal, he said.

When extreme heat is combined with high humidity, the health risks multiply. Summertime humid heat has increased three times more than air temperatures across the U.S. since 1950. On average it has increased between 6 and 7 percent throughout much of the Mississippi River basin. Credit: Climate Central

The fatalities scratch the surface of what is a more extensive issue, according to health experts, academics and advocacy groups, who say the data on heat illnesses and death is inadequate.

โ€œThere is a massive undercount,โ€ said Elizabeth Strater, director of strategic campaigns for United Farm Workers.

She said it is common for the death of a person who died after a heat stroke to be classified as caused by a heart attack on an autopsy.

Strater said itโ€™s difficult to quantify issues that face farmworkers because those that are undocumented tend to shy away from authorities and, in general, the population moves around a lot and lives in secluded areas. โ€œEverything to do with farmworkers is particularly difficult because we donโ€™t know,โ€ she said.

An estimated 2.4 million people work on farms and ranches nationwide, according to the U.S. Department of Agricultureโ€™s census of agriculture. This population, mostly Latino, is roughly equal to the population of Chicago. More than one-third are undocumented.

A possible federal standard

Although employers are generally responsible for ensuring a safe working environment that protects their employeesโ€™ well-being and lives, no federal regulation stipulates a specific temperature threshold that mandates protective measures.

Nearly four in 10 farmworkers are unwilling to file a complaint against their employer for noncompliance in the workplace, mostly out of fear of retaliation or losing their job, according to survey data of California farmworkers conducted by researchers at the University of California Merced Community and Labor Center.

Only four states have adopted outdoor workplace heat-stress standards, and none of them are in the Midwest. California was the first to implement such standards, followed by Oregon, Washington, and Colorado.

This leaves the protection of agricultural workers from heat stress at the discretion of their employers in most states.

OSHA has been working on a heat-stress rule since 2021 that will require employers to provide adequate water and rest breaks for outdoor workers, as well as medical services and training to treat the signs and symptoms of heat-related illnesses. However, according to a U.S. Government Accountability Office report, this process can take from 15 months to 19 years.

OSHA officials would not comment on the pending federal heat standard.

A farmworker walks past boxes of donated supplies from the Migrant Farmworkers Assistance Fund at an apple orchard just outside of Waverly, Missouri. The organization gives out donated school supplies, food, eyedrops, insulated bags for cold water, baseball caps and thin long sleeve shirts for the heat. Credit: Zach Perez/KCUR 89.3

Last year, the Asuncion Valdivia Heat Stress Injury, Illness, and Death Prevention Act, which would force OSHA to issue a heat standard much faster than the normal process, failed to get the votes on the floor.

The bill was named in honor of Asuncion Valdivia, who died in 2004 after picking grapes for 10 hours nonstop in 105-degree heat. Valdivia collapsed unconscious and, instead of calling an ambulance, his employer told his son to take his father home. On the way home, he died of heat stroke at 53.

A group of Democratic lawmakers reintroduced the bill last month.

โ€œThere is definitely a political decision to be made by members of Congress, in both the House and the Senate, because they have the power to pass legislation to tell OSHA to issue a standard more quickly,โ€ said Mayra Reiter, project director of occupational safety and health at the advocacy group Farmworker Justice.

Reiter added that the legislation would also help shield that standard from future legal challenges in court.

As in several recent years, the summer of 2023 has broken records for heat.

Made with Flourish

In response, President Joe Biden announced new measures to protect workers โ€” including a hazard alert notifying employers and employees of ways to stay safe from extreme heat โ€” as well as steps to improve weather forecasting and make drinking water more accessible.

But farmworker advocacy groups are calling on the administration to speed up OSHAโ€™s issuance of a rule protecting workers. They are also pushing for the 2023 farm bill to include farmworker heat protections.

โ€œFarmer organizations and many other worker advocacy groups are hoping that thereโ€™ll be a federal regulation,โ€ Reiter said, โ€œbecause, going state by state, we have seen that there isnโ€™t that urgency to develop these rules.โ€

Long way to a new rule

Creating a new rule to protect workers from heat must overcome several hurdles, from bureaucratic procedures to lobbying industries, including the agricultural industry.

โ€œOSHA is uniquely slow,โ€ said Jordan Barab, who served as OSHAโ€™s deputy assistant secretary of labor during the Obama administration.

He said the 1970 act that created OSHA imposes many requirements on the rulemaking process. The agency has to determine the current problem and whether the new standard will reduce risk. OSHA must also ensure that the new standard is economically, technically and technologically feasible in all industries.

Workers sign up to get help setting up healthcare appointments from the Migrant Farmworkers Assistance Fund at an apple orchard just outside of Waverly, Missouri. The organization gives out donated school supplies, food, eyedrops, insulated bags for cold water, baseball caps and thin long sleeve shirts for the heat. Credit: Zach Perez/KCUR 89.3

The road to regulations to protect workers from the heat also has to overcome industry lobbying, including big agricultural and construction groups. One group that has expressed hesitancy to new federal rules is the American Farm Bureau Federation, which has spent on average about $2.3 million on lobbying over the past two years, according to OpenSecrets.

โ€œConsidering the variances in agricultural work and climate, (the Farm Bureau) questions whether the department can develop additional heat illness regulations without imposing new, onerous burdens on farmers and ranchers that will lead to economic losses,โ€ Sam Kieffer, vice president of public policy at American Farm Bureau Federation, said in a statement.

Vulnerable populations

To make a living, Jaime Salinas fills 32 sacks of apples each day in Missouri. His daily quota is one ton, or about 3,200 apples. His wife used to walk 11 miles a day to harvest fruits and vegetables when she worked in the field.

He said when he gets too hot, he sits in the shade to drink water but feels pressured to keep working due to the method of payment, which depends on the amount harvested.

Strater, with Farmworker Justice, believes that the way farmworkers are paid is one of the main obstacles that must be overcome to ensure their safety because it often incentivizes volume, forcing them to expose themselves to continued work without regard to the signs of heat-related illness.

Kinsey, the University of Wisconsin professor and the director of a mobile clinic, said the demographic has a higher incidence of diabetes, hypertension, and chronic kidney disease.

โ€œClimate stress,โ€ he said, โ€œhas introduced an additional layer of complexity to these existing challenges.โ€

Nicolas Romero Dominguez works at an apple orchard near Waverly, Missouri. He says the heat on days like this make him feel weak while heโ€™s climbing the ladder. Credit: Zach Perez/KCUR 89.3

Seasonal visa workers are especially vulnerable because they depend completely on whoever hires them: from the house they live in to the food they eat.

โ€œYouโ€™re going to endure as much as you can with the hopes of continuing to provide for your family,โ€ Strater said. โ€œThe thing is the endpoint for that is death.โ€

In Tama County, Iowa, David Hinegardner owns a small farm called Hinegardnerโ€™s Orchard, where he grows apples, strawberries, corn and soybeans. He sells his crop to supermarkets, farmersโ€™ markets, schools, and colleges.

The farmworkers are immigrants from Latin America who reside in the surrounding area, and some of them have been working on his farm for decades. One of the measures he takes during the summer to avoid risks to his workers is to change the work schedules to avoid the hottest part of the day.

โ€œI think they do a much better job when theyโ€™re treated with respect and taken good care of,โ€ he said.

This story is a product of Harvest Public Media, Investigate Midwest and the Mississippi River Basin Ag & Water Desk as part of the series A Changing Basin. News outlets can sign up to republish stories like this one for free

The post Poor regulatory safeguards leave farmworkers suffocating in the face of increasing heat waves appeared first on Investigate Midwest.

Oklahomans are asked to mail in dead butterflies, moths in the name of science

Robot-loving Nebraska family invents one meant to save Nebraska farmers

Brighton trucker offers a message and sanctuary for Indigenous women

You might see Elizabeth Johnsonโ€™s semi-tractor trailer traveling the U.S. interstate highways, especially between Colorado and Nebraska.

And if you do see it, thereโ€™s no way you can miss Johnsonโ€™s message.  The entire trailer carries the simple direct message: โ€œInvisible No More.โ€

Itโ€™s a message meant to bring attention to the plight of missing and murdered Indigenous women whose cases are unsolved.

Johnson โ€” a member of the Ho-Chunk Tribal Nation of Nebraska โ€” has been spreading the message since 2017.

โ€œMy message as a woman is, if any woman sees this semi-truck and needs help, me and my dog Delilah will help you to safety,โ€ Johnson said. โ€œKnock on my semi-truck door.โ€

There are an estimated 506 cases of missing or murdered indigenous women across the country. And thatโ€™s likely an undercount due to bad data, according to the Urban Indian Health Institute. Of that number, 128 of the women are considered missing, while 280 were known murdered. Another 98 are cases of unknown status, according to the Urban Indian Health Institute.

The group surveyed 71 police stations and one state agency and found 5,712 missing and murdered Indigenous cases were reported in 2016. But of those, only 116 were logged in a Justice Department database.

According to the National Institute of Justice, as of May 2023, 84.3% more than 1.5 million American Indian and Alaskan Native women experience violence in their lifetime. Victimization of American Indian and Native woman is 1.2 times higher than white women.

Johnson and her family moved to Winnebago in Nebraska when she was five, and she was raised as a tribal member of the Nebraska Ho-Chunk tribe and given the name Rainbow Woman.

She left home when she was in her preteens and has kept moving.

โ€œI donโ€™t know if God would bless me to go further in my trucking industry or this is the end of my travels, but when I see family, I want to make an apple pie,โ€ Johnson said.

Nebraska is always her home, she said, but so is Colorado because her son and grandchildren live in Brighton. She spends half her time with them.

Johnson started her mission because she was a victim of abuse herself. It was a two-way abusive situation, she said:  He was abusive to her, but she fought back.

โ€œHe would put me on his lap with a knife at my throat,โ€ Johnson said. โ€œIt was a toxic relationship. I left, and I was done. As soon that door closed, God, or wherever you want to believe, started to open other doors for me.โ€

She had worked as a construction driver in the summer and fall. She was laid off in the winter but guaranteed to return in the summer. Even so,  she said she needed a more consistent job, and she needed reliable transportation to do that. She found a pick-up truck she liked and approached a bank looking for a loan.

โ€œThey never wanted to give me a loan, but I told them if you donโ€™t give me a loan, Iโ€™m going to go somewhere else,โ€ she said. โ€œThis is income that comes to your bank and comes back out. They gave me the loan, and I purchased a brand-new Silverado. When I purchased the truck, that was when I left the man. I thought I was going to die leaving him and was heartbroken, but I left.โ€

Johnson said she drove the Silverado for a while, and although it was nice to drive a cute truck, she was still broke.

โ€œI went back to the bank and asked for a loan to trade off the Silverado for a used semi to make money,โ€ she said. โ€œI told the banker it was a win-win. I could make money at the same cost Silverado. The woman sat across from me and said, โ€˜Iโ€™m going do it for youโ€™. Usually, they didnโ€™t give business loans.โ€

That opened a door for Johnson, and she started her trucking company, Ho-Chunk Trucking, in 2017. After a couple of years, she was able to upgrade and buy a new semi-truck. Then, after a coupleโ€™s years of hauling other companiesโ€™ trailers, she took out another loan and purchased her own trailer in 2020.

โ€œI wanted my own trailer because women in the industry are treated badly. Itโ€™s a whole other story,โ€ Johnson said.

Johnson said that once she had a trailer, she started thinking about it as a platform for other Native American women.

โ€œI went through hell and back. What is the message I wanted to say to the world?โ€ she said.

Johnson decided to do a custom wrap on her trailer with a message about Indigenous women. She also included pictures of her family dressed in regalia and a friend dancing pow-pow and included information about 500 gone missing or murdered women.

One photo, showing a woman with a red hand over her mouth, is her niece Jalisa Horn who was left for dead from abuse and had to crawl to get help. Horn agreed to add her photo to draw attention to the message.

Gov. Jared Polis signed Senate Bill 22-150,  a law requiring official reports of missing indigenous people within eight hours. Missing children must be reported to law enforcement within two, under the law.

The act also requires the Colorado Bureau of Investigation to work on investigating missing or murdered indigenous persons and also work with federal, state, and local law enforcement to effectively investigate the cases.

In addition, an alert system and an agency called Missing and Murdered Indigenous Relatives are responsible for reporting and improving the investigation of missing and murdered Indigenous women and addressing injustice in the criminal justice system.

This story was previously published by Colorado Community Media and is being republished from AP StoryShare.

The post Brighton trucker offers a message and sanctuary for Indigenous women appeared first on Buffaloโ€™s Fire.

Using loophole, Seward County seizes millions from motorists without convicting them of crimes

Nebraska renewable energy programs struggle to recruit students amid worker shortage

Some Nebraska farmers are protecting drinking water while boosting profit. Hereโ€™s how.

Victims of Nebraska violent crime victimized again by program that helps few, advocates say

Small-Town Newspaper Readers Are More Open to New Revenue Ideas Than Publishers

Small-Town Newspaper Readers Are More Open to New Revenue Ideas Than Publishers

Thereโ€™s a conflict between what weekly newspaper publishers think are the most likely ways their businesses will generate money in the future and what their readers are most willing to pay for, according to a study conducted in four states in the northern Great Plains.

The research โ€“ which focused on weekly papers in Kansas, Nebraska, North Dakota, and South Dakota โ€“ found that publishers were more likely to bank on traditional sources of revenue like advertising and subscriptions. Readers, on the other hand, were more likely than publishers to say they were willing to pay for less traditional products and services such as events, memberships, and newsletters.

The study concludes that there is โ€œa clear disconnect between what revenue streams publishers are willing to implement and what revenue streams readers are potentially willing to endorse.โ€

The research, written by scholars at public universities in Kansas, Colorado, and Missouri, has implications for small-town and rural media that are negotiating major changes in the news-industry economy.

In the last 20 years more than 500 rural newspapers have closed or merged, but little of the research on the journalism economy has focused on small-market media, said the studyโ€™s lead, Teri Finneman, associate professor at the William Allen White School of Journalism and Mass Communications at the University of Kansas. Dozens of papers closed during the pandemic alone, Finneman said.

โ€œIt really made me start thinking, โ€˜why is it that we don't yet have a solution for this business model problem?โ€™ And frankly, I saw this as a failure of academia, like why in the last 20 years has there not been a solution found for the industry? And so this really motivated me to try to look into some solutions to this very serious problem.โ€

Together with two colleagues, Finneman researched the possible revenue streams, speakng with publishers and readers in the Heartland states of North Dakota, South Dakota, Nebraska and Kansas.

Not surprisingly, the publishers picked the model that has been around for hundreds of years: advertising and legal notices.

โ€œThey very much pitch the current model, which is concerning, because we know that legal notices are under attack at legislatures across the country,โ€ said Finneman, publisher of The Eudora Times, a nationally recognized news desert publication that she runs with journalism students. โ€œAnd so at any point, newspapers could see that revenue disappear, which is why we are arguing why it is so important to be proactive instead of reactive, so that there are more financial resources coming in.โ€

For readers, however, the study found that the top response for an additional revenue stream was events.

โ€œThe most common phrase in rural areas is there's nothing to do. So it makes a lot of sense that events would be very popular because they're looking for things to do,โ€ said Finneman, who grew up and spent a large part of her life in rural North Dakota.

Another top option for readers was memberships, which was defined as a perk beyond subscription.

โ€œWe left it simple like that, because there's different ways to do membership programs,โ€ she said. โ€œAnd this was something that readers said that they were really interested in.โ€

Other myths that were busted about rural America include that older adults care more about the news and consuming it. The study found that residents ages 18 to 54 were more willing to financially help their newspaper than those over age 55.

โ€œThe industry has got to get past this myth that their older readers are the only base that they have to serve because they have a lot of younger people who would be willing to support them if they were given an opportunity,โ€ Finneman said.

Still, for all the myth busting and hardships for rural news, Finneman believes there are a lot of good things happening.

โ€œRural journalism has more of a stability to it, when they aren't run through Wall Street, and when they care more about their communities and not just making money for shareholders,โ€ she said. โ€œSo there are a lot of positives for rural journalism. And I emphasize that to my students a lot about how many opportunities that there really are in this field.โ€

The post Small-Town Newspaper Readers Are More Open to New Revenue Ideas Than Publishers appeared first on The Daily Yonder.

A new megadonor is changing Nebraska politics, and declining to say why