Labor Conditions for Undocumented Workers in California the Focus of Outcry over Pregnant Teens’ Death at Work
One of the undeniable realities to consider in the debate over how to treat workers in the United States who entered the country illegally is that many thousands and even millions of workers, because of their illegal status, have no legal recourse to the employment law that protects many American workers from exploitation.
The recent death of a pregnant teenager in California prompted a public outcry as well as statements from politicians in support of enforcing employment laws in the case of undocumented workers. Both Governor Arnold Schwarzenegger and the government of Mexico, her home country, have stated publicly that her death was preventable. State officials have revoked the license of her employer, Merced Farm Labor.
The 17-year-old worker, Isabel Vazquez Jimenez, died while pruning grape vines in 100-degree heat. Authorities suspect that Vazquez Jimenez's employer was violating the state's law mandating that companies provide shade and water to agricultural employees. California is the only state in the U.S. to have employment laws for heat-related illnesses, which include providing breaks with water and shade, as well as an emergency plan to deal with heat-related incidents.
In response to her death and to call attention to the countless thousands of immigrants in California and the U.S., the United Farm Workers union organized a 50-mile march to the capitol steps, carrying coffins to symbolize Vazquez Jimenez's death and that of her fetus, as well as a third to call attention to all those who have died from heat-related illnesses.
In addition to the lack of amenities to combat heat, sources say that on the day she died, Vazquez Jimenez was working a 9.5-hour day, which is more than four hours over the limit for minors working on business days. Vazquez Jimenez was taken to a medical clinic two hours later, where doctors discovered that she was two months pregnant.
Since her death, foremen working for the labor contractor at the vineyard have begun placing water jugs in many locations, but according to her older brother, there is still no shade available.
Merced Farm Labor is not alone in its flouting of the heat-illness standards; government officials acknowledge that enforcing the provisions of the 2005 state act that put the regulations into place is challenging, and that many contractors and companies that hire undocumented workers manage to avoid compliance.
Merced Farm Labor, however, may face criminal charges yet for its negligence. The contractor has been issued three citations in 2006 for exposing workers to heat stroke, failing to train workers on heat stress prevention and not installing toilets at the work site, according to the Los Angeles Times. The company owes $2,250 in fines from the citations, but could be facing more severe penalties for this latest incident.