Treatment of Workers

Agricultural Labor Force of the United States

WE DEPEND ON THEM. THEY DEPEND ON US.

"Organic" products avoid the depletion of natural resources, in order to maintain sustainability and an ecological balance. "Organic" products should also avoid damaging communities, families, and individual lives by taking into consideration economic and social concerns, like the treatment of workers.

With so many standards and certifications available, credibility is a key challenge in ensuring the production of sustainable products.

Employers are only truly sustainable when they ensure the safety, health, and welfare of their workers. Sustainability standards that employers must meet have been set below.

Any agricultural product that is sold, labeled, or represented as "organic" or "made with organic ingredients" must be produced by workers who:

Receive adequate workplace amenities: Workplace amenities and facilities are things provided for the health, safety, welfare and personal hygiene of employees.

a.) Have access to clean water:

free of charge
supplied so that there is one drinking point for every 25 employees
situated within reach (walking distance, no more than 100 ft/30 meters) of employees

b.) Have access to toilets and washing facilities at all times:

The washing facilities must include running water, soap, and hygienic drying facilities located in or near toilet areas
Toilets must be regularly maintained by either emptying portable toilet facilities on a weekly basis or by thoroughly cleaning the facilities on a weekly basis

c.) Have access to dining areas to eat during the work day as well as a time frame to eat during work day:

The dining area must be a hygienic area for eating meals while at work. The facilities in the dining area will depend on the workplace, but generally should include tables and chairs, fridges, sinks and hot and cold running water.
For every 7 hours of work, the worker is able to take a ½ break to eat at the time of their choice

Benefit from freedoms within workplace:

a.) Freedom to confidentially submit grievances against an employer or coworker without fear of retaliation or intimidation

b.) Freedom to voluntarily work overtime

c.) Freedom to voluntarily terminate any contract of employment

d.) Freedom of movement except when legitimate concerns for worker safety are present

e.) Freedom of Expression, Freedom of Speech as long as means of expression and speech are not derogatory, discriminatory or threaten the well-being of other employees

Benefit from first aid preparedness:

First aid means must be provided to reduce risk and ensure safety of employees:

a.) Have access to first aid kits:

In low-risk workplaces, 1 first aid kit must be provided for every 1-50 employees.
In high-risk workplaces, 1 first aid kit must be provided for every 1-25 employees.

b.) Receive basic first aid training and CPR training, free of charge, before becoming officially employed.

c.) Have access to medical professionals in case of emergency:

The workplace must be within 15 miles of a professional medical facility
If the workplace is located beyond 15 miles of a professional medical facility, either a medical professional must be on call at all times within 15 miles or a medical professional must be present at the workplace at all times.

Receive health-related temporary excusable and/or permanent leaves from work:

An excuse from the workplace must be provided to employees when labor/workplace is detrimental to an employee's mental or physical well-being.

a.) Paid sick leave or injury compensation must be provided to employee

b.) Arrangements must be made for medical care, including procedures in the event of pregnancy or work-related injury

c.) Dissolution of employer-employee contracts must be made if the employee suffers mental health related issues as a result of being an employee of the workplace, and employee must receive just compensation

(i.e. employee is harassed by coworker, employee is exposed to traumatic situations)

Benefit from a positive, safe working environment:

Employees will not be exposed to physically dangerous conditions or mentally/emotionally detrimental situations:

a.) Employees working in precarious conditions will be provided equipment to keep their working spaces more safe:

Employees working at night will receive equipment to keep space well-lit
Employees working with heavy machinery will be given training on safety measures, will be under supervision in case of emergency, and will not work alone
Employees working with sharp objects/hazardous materials will be given training on safety measures, will be under supervision in case of emergency, and will not work alone

b.) Employees will work in settings free of any form of harsh, abusive, or inhumane treatment:

The use or threat of physical or sexual violence, discrimination, harassment and intimidation against an employee, his or her family, or co-workers is strictly prohibited.
All employees receive ongoing training on positive techniques to identify mistreatment in the workplace and how to respond to mistreatment.

For adults 18 and over:

All compensation for adult workers is $15.00/hr, a living wage, not minimum, no matter because without a living wage, our workers would have to work multiple jobs with long hours, their children might have to quit school to find more work, and all this may force them into an unsafe workplace that does not provide for them basic human rights like we do.

For children:

Children under the age of 15 are not permitted to work on the fields. Until they reach the age of 18, they are compensated the federal minimum wage of $7.25/hour.
- Children are not permitted to work more than 10 hours per week, this is in hopes that our working children can go to school and get a quality education

Migrant Workers Employment Standards (All rights extend to children and the parent’s legal right to their child):

Upon hiring workers, if third party labor brokers were used, we ensured that “they operate ethically” but also we ensured that our workers are in full compliance of the laws in both the “sending and receiving” countries (Patagonia 2014).
Legitimate contracts that not only require us having records of our workers, but also ensure that the contractors we received our employees from are in full compliance of the laws and standards we require of them (Patagonia 2014). Important too is that our hired employees are fully notified of their contracts and rights as a worker with us.
- Standards and laws such as: non-discrimination in hiring, fees and expenses for employment paid for, contracts of employment, onsite management, contractor audits, record keeping (and worker's rights for record privacy), ethical conduct, and the holding of valid visas for all migrant workers (Patagonia 2014)

We cover fees and expenses for our migrant workers before, during, and even after employment, for things such as:

Airfare costs and other modes of transportation fees,
Medical examinations and vaccinations,
All documentation, legal, and government mandated fees involved, and
Work permits, residence certificates, and security clearances

References:
Adaptions were made from OSHA Guidelines
Patagonia Guidelines for Migrant Workers (2016). (6th ed.) Oxford University Press. Retrieved from http://www.oxfordreference.com/view/10.1093/acref/9780199684984.001.0001/acref-9780199684984-e-4120.
Department of Labor, Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Retrieved from https://www.dol.gov/whd/mspa/.

Report abuse