Press Release: Groups Appeal EPA’s Refusal To Ban Dangerous Pesticide

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Washington, DC – A dozen health, labor and civil rights organizations represented by Earthjustice filed an administrative appeal to the U.S. Environmental Protection AgencyMonday, urging the federal government to ban chlorpyrifos, a widely used agricultural pesticide that has been linked to reduced IQ, loss of working memory and attention deficit disorder in children.

The attorney generals of New York, California, Washington, Massachusetts, Maine, Maryland and Vermont filed their own appeal calling for a ban also Monday. It is now up to EPA Administrator Scott Pruitt to decide the appeal.

The appeal to the EPA was filed by Earthjustice, on behalf of the League of United Latin American Citizens, United Farm Workers, Farmworker Association of Florida, Labor Council for Latin American Advancement, Farmworker Justice, GreenLatinos, National Hispanic Medical Association, Pineros y Campesinos Unidos del Noroeste, Learning Disabilities Association of America, California Rural Legal Assistance Foundation, Pesticide Action Network North America and Natural Resources Defense Council.

“EPA failed farmworkers, their children, and many others when it refused to totally ban chlorpyrifos. This hazardous pesticide was banned from household use 17 years ago, but farmworkers and their families continue to be exposed to this dangerous chemical that causes brain damage to children and poisons workers and bystanders. EPA could have ended this terrible double standard. Yet, it decided to allow continued chlorpyrifos exposure of farmworkers and their children,” said Virginia Ruiz, director of occupational and environmental health at Farmworker Justice.

In March, the EPA refused to ban chlorpyrifos arguing the science is “unresolved” and that it would study the issue until 2022. With this action, the EPA reversed its own proposal to ban all food crop uses of chlorpyrifos. The agency took this position even though EPA found chlorpyrifos unsafe in drinking water in 2014 and 2015. And even though in late 2016 EPA concluded there is no safe level of chlorpyrifos exposure in food or drinking water, and that workers are exposed to unsafe levels of the pesticide even with maximum protective controls. In 2016, the EPA also confirmed chlorpyrifos is found at unsafe levels in the air at schools and homes adjacent to agricultural areas.

This appeal comes two months after Earthjustice asked federal appeals court judges to order the EPA to decide now whether to ban the pesticide. That court ruling is pending. The new appeal challenges, on its merits, the EPA’s March action that allows chlorpyrifos to continue to be used on food crops.

Since Administrator Pruitt has said he wants to delay the pesticide ban, the groups have also filed a court case that asks the 9th Circuit Court in San Francisco to decide the issues presented in the administrative appeal because of the likelihood of a delayed resolution by the EPA. In addition, Earthjustice, along with Friends of the Earth, Center for Food Safety, U.S. Public Interest Research Group, UFW, PAN North America, and NRDC, submitted nearly 150,000 comments to the EPA asking for a ban.

Chlorpyrifos was banned from residential use 17 years ago. Yet this organophosphate—which comes from the same chemical family as sarin nerve gas— is still widely used on strawberries, apples, citrus, and more. It is linked to long-term damage to children’s developing brains and nervous systems at low levels of exposure during pregnancy and early childhood. It is also acutely toxic.

While families across the country are at risk, farmworkers and children in Latino communities in rural areas face disproportionate exposure. Just in May more than 50 farmworkers picking cabbage outside of Bakersfield, California, were likely exposed to chlorpyrifos that may have drifted from a nearby field. At least twelve people reported symptoms of vomiting and nausea. One person fainted.

Read morePress Release: Groups Appeal EPA’s Refusal To Ban Dangerous Pesticide

Farmworker Justice Statement: Rep. Luis Gutierrez Introduces Agricultural Worker Program Act of 2017 in House

Washington, D.C- Today, Rep. Luis Gutierrez (D-IL), joined by 26 cosponsors, introduced the “Agricultural Worker Program Act of 2017.” It is the companion to the bill of the same name introduced by Sen. Feinstein three weeks ago, S.1034. The bill would allow many undocumented farmworkers and their family members the opportunity to earn legal immigration status and citizenship.  
 
Farmworker Justice strongly supports the Agricultural Worker Program Act because it would provide a needed, meaningful opportunity for farmworkers and family members to earn lawful permanent residency with a path to citizenship. The farmworkers and family members who obtain immigration status under this legislation would no longer have to live and work in fear of arrest and deportation.  The bill would help stabilize the farm labor force, providing farms and ranches with authorized, experienced farmworkers.
 
Farmworker Justice welcomes the introduction of this bill in the House of Representatives by Rep. Gutierrez, who is a member of the Judiciary Committee and for many years has advocated for reasonable immigration reform and for fair treatment of farmworker families. The Agricultural Worker Program Act is supported by many labor, immigrant rights and other organizations, including the United Farm Workers, the Farm Labor Organizing Committee, PCUN (Oregon’s farmworker union) and the National Farm Worker Ministry.    
 
The Agricultural Worker Program Act stands in stark contrast to other bills in the House and Senate that would create harsh agricultural guestworker programs with no meaningful solution for the current undocumented farmworkers or their employers who depend on their skills, experience and knowledge. 
 
For more information on the bill, please see our Fact Sheet.

Read moreFarmworker Justice Statement: Rep. Luis Gutierrez Introduces Agricultural Worker Program Act of 2017 in House

Press Call: Discussing New Legislation to Protect Immigrant Farmworkers

***PRESS CALL***
TUESDAY, May 9
12:30pm ET / 9:30am PT
DIAL IN: 877-876-9176; PASSCODE: IMMIGRATION
 
PRESS CALL: Sen. Feinstein, Rep. Gutiérrez, United Farm Workers, Farmworker Justice, and Farmers to Discuss New Legislation to Protect Immigrant Farmworkers
 
Washington, DC —On a press call Tuesday, May 9 at 12:30pm EST, Senator Feinstein (D-CA), Rep. Gutiérrez (D-IL), and Farmworker Justice President Bruce Goldstein will join United Farm Worker President Arturo Rodriguez,  farm workers, and farm owners to discuss the widespread implications of Trump’s immigration policies and the Agricultural Worker Program Act, legislation introduced by Senators Feinstein, Leahy (D-VT), Bennet (D-CO), Hirono (D-HI), and Harris (D-CA) to protect farm workers from deportation and put them on a pathway to legalization and citizenship. More information about the new legislation is available here.

Trump’s Mass Deportation strategy has produced fear tidal waves throughout not only the immigrant communities, but all sectors of the labor force — as over half of all United States farm workers are undocumented, according to the U.S. Department of Labor, and over 8 million undocumented immigrants contribute to America’s workforce, according to Pew Research Center.
 
WHO:
Senator Dianne Feinstein (D-CA)
Representative Luis V. Gutiérrez (D-IL)
Sagrario Arellano, Dairy Worker from Centralia, WA
Lourdes Cardenas, Grape Worker, Central Valley California
Bruce Goldstein, President, Farmworker Justice
Shah Kazemi, President and Owner, Monterey Mushrooms (the nation’s largest mushroom farm with operations in CA, FL, TN, TX, IL, and PA)
Arturo S. Rodriguez, President, United Farm Workers of America (Moderator)
 
WHEN: TUESDAY, May 9 at 12:30pm ET / 9:30am PT
 
DIAL IN: 877-876-9176; PASSCODE: IMMIGRATION

Read morePress Call: Discussing New Legislation to Protect Immigrant Farmworkers

Farmworker Justice Statement on the American Health Care Act

Yesterday, the House passed the American Health Care Act (AHCA), a bill that repeals and replaces the Affordable Care Act (ACA). The AHCA would roll back the gains farmworkers and their families have made under the ACA. In addition to repealing the employer and individual mandates, the AHCA will eliminate protections for individuals’ pre-existing conditions, reduce access to comprehensive health insurance and the ACA’s essential health benefits, and end Medicaid expansion. It will also make health insurance less affordable for low-income individuals and families by restructuring the ACA’s tax credits. Not only will tax credits be based on age instead of income, but eligibility for tax credits will be restricted to a narrow category of immigrants. Farmworkers in the U.S. on H-2A temporary work visas, who are currently able to enroll in health insurance at affordable rates under the ACA, will no longer qualify for tax credits.

Agricultural work is one of the most hazardous occupations in the U.S. Congress should act to address health disparities in farmworker communities instead of repealing their access to meaningful care. Farmworker Justice opposes the AHCA and any efforts to reduce access to health care for farmworkers and their families. Given the numerous barriers to health care, farmworkers need more options for health insurance coverage, not fewer.

Read moreFarmworker Justice Statement on the American Health Care Act

Statement on the Introduction of the Agricultural Worker Program Act of 2017

Farmworker Justice welcomes the introduction of the Agricultural Worker Program Act of 2017 and supports its enactment.  We thank Senator Feinstein for her leadership in support of reasonable, workable and fair immigration reform.

This bill provides progress toward comprehensive immigration reform while addressing the unique and urgent needs of agricultural and rural communities. Americans depend on the farm labor force for the production of abundant, safe, healthy, affordable food. Yet, the status quo for farmworkers and agricultural employers is untenable. Highly publicized immigration enforcement and the terror it creates are threatening many farmworker families and our agricultural system. The ability to legalize immigration status is key to enabling farmworkers to live and work without fear and seek improvements to their working and living conditions.

 “With a majority of agricultural workers in the U.S. lacking immigration status, and the supply of farm labor constantly threatened by immigration enforcement, Congress must reform our broken immigration system. This bill would help ensure a stable, legal workforce in agriculture, which is good for farmworkers, employers, consumers and the national interest,” said Bruce Goldstein, President of Farmworker Justice.

The bill would establish an earned legalization program under which certain farmworkers who meet agricultural work requirements, national security clearance requirements, and other obligations are given temporary permission to work in agriculture for three to five years and the opportunity to earn immigration status with a path to citizenship.  

The bill would keep the H-2A agricultural guestworker program intact; needed reforms could be addressed in future comprehensive immigration reform legislation. The H-2A program, which allows an unlimited number of work visas each year, has modest but important protections against abuse of U.S. and foreign workers that should be more effectively enforced. The bill would minimize the need for use of the H-2A program by providing a meaningful, long-term solution for agricultural employers through the earned legalization program.  

“The Agricultural Worker Program Act of 2017 is a fair and sensible way to reform our immigration system while also providing a stable workforce for U.S. farmers and ranchers, contributing to the sustainability of U.S. agriculture for generations to come,” said Goldstein.  “Congress should embrace Senator Feinstein’s Agricultural Worker Program Act of 2017.”  

Read moreStatement on the Introduction of the Agricultural Worker Program Act of 2017

Statement of Farmworker Justice on Executive Order on Rural America

Today, President Trump issued an Executive Order addressing agricultural and rural prosperity.  The Order calls for an interagency task force that will make recommendations to address the rural economy. Among the issues to be considered is ensuring that farmers have access to a “reliable workforce.” The Order follows a White House meeting with President Trump’s … Read more Statement of Farmworker Justice on Executive Order on Rural America

Congressional Briefing 4/5 :International Labor Recruitment: Cross-Cutting Analysis of the H-1B, H-2A, and H-2B Programs

BRIEFING: International Labor Recruitment: Cross-Cutting Analysis of the H-1B, H-2A, and H-2B Programs

Each year over a million temporary workers enter the United States to work in a wide range of industries, from low-wage jobs in agriculture and landscaping, to higher-wage jobs in technology, nursing, and teaching. The U.S. work visa systems that bring these workers here are rife with abuses, including fraud, discrimination, retaliation, and economic coercion due to fees charged in the recruitment process.

Please join experts from the International Labor Recruitment Working Group, who will offer information and analysis of:

·  Worker exploitation and other problems within specific temporary work visa programs: H-2A for agricultural workers, H-2B for other seasonal/temporary workers, and H-1B for professional workers;

·  Current and potential legislative and executive actions that affect these programs; and

·  How ensuring fair working conditions and access to justice for immigrant and migrant workers contributes to better working conditions for all workers.

WHEN/WHERE:

Wednesday, April 5, at 2:00 PM

Rayburn House Office Building, Room 2261

WHO:

Rachel Micah-Jones, Executive Director, Centro de los Derechos del Migrante, Inc. (moderator)

Meredith Stewart, Senior Staff Attorney, Southern Poverty Law Center

Adrienne DerVartanian, Director of Immigration & Labor Rights, Farmworker Justice

Shannon Lederer, Director of Immigration, AFL-CIO

Daniel Costa, Director of Immigration Law and Policy Research, Economic Policy Institute

BACKGROUND: Over a million internationally recruited workers enter the United States each year on an array of visas, such as A-3, B-1, F-1, G-5, H-1B, H-2A, H-2B, J-1, L, O-1, P-3, and TN visas, each with its own rules and requirements. While the laws and regulations for each visa vary widely, together the programs share a loose structure: workers are recruited in their home countries on behalf of U.S. employers, apply for visas at U.S. consulates, and then travel to the U.S. to perform a specific job for a designated period of time for a single employer.  Regardless of visa category, employment sector, race, gender, or national origin, internationally recruited workers face common patterns of abuses.

 

Read moreCongressional Briefing 4/5 :International Labor Recruitment: Cross-Cutting Analysis of the H-1B, H-2A, and H-2B Programs

National Farmworker Awareness Week 2017

Farmworker Justice is celebrating National Farmworker Awareness Week from March 24 to March 31st ! Follow our blog as we highlight issues farmworkers face. 

Farmworker Justice Honors David Damian Figueroa and Andrew & Williamson Fresh Produce

Farmworker Justice will recognize David Damian Figueroa with its Dolores Huerta Award Thursday, February 23, honoring his important contributions towards advancing  farmworkers’ quest for justice throughout his career in business and at nonprofit organizations.

Mr. Figueroa, an executive with Frontier Communications, was a farmworker as a child, and is one of the leading influencers in shaping Latina and Latino popular arts through his work in film, television, music production, and publicity. His role as an executive producer of the critically acclaimed documentary film Food Chains and associate producer of The Harvest/La Cosecha brought national attention to the conditions of farmworkers.  “David Damian Figueroa has never forgotten where he comes from and, more importantly, throughout his career, he has used  his remarkable skills and resourcefulness to elevate often marginalized voices,” said Bruce Goldstein, President of Farmworker Justice.

Farmworker Justice will also present a corporate social responsibility award to Andrew & Williamson Fresh Produce for its successful efforts to engage with employees, farmworker organizations, and other agricultural stakeholders to improve food safety, wages and working conditions, and occupational safety.  “We greatly appreciate the opportunity the company has provided us to learn more about the business of farming and to collaborate on developing and promoting cutting-edge labor and environmental practices in agriculture.”  Headquartered in San Diego with operations in Watsonville and Oxnard, California, and in Mexico, the company grows strawberries, tomatoes and other crops.

The event will be held at Sheppard Mullin |333 S. Hope Street, Los Angeles from 6 to 8:30pm.

Host Committee:

Gilbert Vasquez       Vasquez & Co.

Alfred Fraijo, Jr.       Sheppard Mullin

Tony Salazar           McCormack Baron Salazar

Arturo Rodriguez    United Farm Workers

Andrea Bazan         El Puente Learning Center

Alex Nogales          National Hispanic Media Coalition

James Garrison      Pacific Federal

Rachel Garrison      

Craig McNamara    Sierra Orchards, Calif. State Board of Food & Agriculture

Dr. Alma Martinez

Special Guests:  Dolores Huerta, actor/producer Nicholas Gonzalez, and actor Johnny Ortiz

Read moreFarmworker Justice Honors David Damian Figueroa and Andrew & Williamson Fresh Produce

FARMWORKER JUSTICE’S STATEMENT ON EPA’S CERTIFICATION OF PESTICIDE APPLICATORS RULE

Farmworker Justice is pleased that the EPA has published important changes to regulations that govern the certification, training and supervision of individuals who apply high-risk pesticides. The Certification of Pesticide Applicators rule (40 CFR 171), which has not been updated in nearly 40 years, provides national competency standards for those who may purchase and apply ‘restricted use pesticides’ (RUPs). A pesticide is classified as restricted if it poses heightened risk to people or the environment.

The new rule imposes stricter standards to protect human health and the environment and reduce risk to those applying pesticides. Currently there is wide variance among state certification and training programs for pesticide applicators, and requirements for supervision of non-certified applicators. We are hopeful that the new national standards will provide greater consistency in the knowledge and competency of applicators across the nation. In addition, those who apply pesticides aerially or by fumigation will have to demonstrate competency to use these application methods which pose high risk to applicators, farmworkers, surrounding communities and the environment.

Many farmworkers applying RUPs are non-English speaking, non-certified applicators who are applying these chemicals “under the supervision” of certified applicators. These are the applicators whoare the most vulnerable to occupational injury from pesticide exposure. The vast majority are unable to read the application instructions and safety information printed on the pesticide labels, which are almost entirely in English. Although we are disappointed that the EPA does not require pesticide labels to have bilingual content, the revised rule requires supervisors to provide to non-certified applicators the label information about safety precautions and detailed use instructions in a manner and language that the non-certified applicator can understand. The revised rule also includes improved standards for supervision, establishes a minimum age of 18 for applicators, and requires non-certified applicators to receive pesticide handler and safety training in a language they understand.

We hope that the improved regulation will result in greater awareness by pesticide applicators of the risks they face, stronger protections from exposure, and ultimately, fewer pesticide-related injuries, illnesses, and deaths among farmworkers and their family members. Farmworker Justice will work with farmworkers to help them understand these changes and their right to a safe workplace and environment. We will also work with EPA to ensure timely implementation and strong enforcement of the new rule, and continued engagement with farmworker communities.

Read moreFARMWORKER JUSTICE’S STATEMENT ON EPA’S CERTIFICATION OF PESTICIDE APPLICATORS RULE