Teen Worker Dies in Suspected Heat Stress Incident

By Michael C. Saqui and Anthony P. Raimondo

A Merced farm labor contractor is being investigated by the state's Division of Occupational Safety and Health in the death of an 18-year-old Lodi farm laborer.

Family members and representatives of the United Farm Workers blame the contractor for failing to take appropriate action when Maria Isabel Vasquez Jimenez exhibited signs of heat-related illness.

Vasquez Jimenez, an undocumented worker, died Friday, May 23, 2008, two days after being hospitalized for heat exhaustion symptoms she exhibited while pruning grape vines in a vineyard in Farmington. Temperatures the day she collapsed peaked at 95 degrees.

Vasquez Jimenez had started her job just three days earlier through Merced Farm Labor, a farm labor contractor. After working for more than eight hours,she complained of dizziness and then collapsed on the job at 3:40 p.m., said her uncle, Doroteo Jimenez, a 44-year-old Lodi resident.

Florentino Bautista, Vasquez Jimenez's boyfriend, described what happened day she collapsed. When she became unconscious, Bautista notified two supervisors on site, one from the contractor and the other from the grape company. He said the supervisors attempted to help by placing a wet handkerchief on Vasquez Jimenez's forehead. He said they didn't call for emergency care and instead released her to him. Bautista said he then drove her to a nearby Farmington market and attempted to revive her.

He purchased a bottle of rubbing alcohol, poured it on a cloth and held the cloth to her nose. When that didn't work, he drove Vasquez Jimenez to a Lodi clinic. She was transported by ambulance to Lodi Memorial Hospital, where she died Friday.

Vasquez Jimenez, who migrated from Oaxaca, Mexico, in February, planned to work in the San Joaquin County agriculture fields to help her widowed mother in Mexico. She followed Bautista, who had migrated several months earlier.

"But the sun was very strong that day," her uncle, said. "She died of dehydration before we got to spend any time with her. I feel very badly because she's my family."

Her uncle is waiting for an autopsy by the county coroner before Vasquez Jimenez's body is transported to Mexico. Les Garcia, spokesman for the San Joaquin County Sheriff's Office, said the report could take up to two weeks.

California's occupational safety agency had issued a heat-danger warning to employers the same day. This is the first heat-related occupational death of the season in California, said Kate McGuire, an agency spokeswoman based in San Francisco. "It is a very dangerous time for workers right now," McGuire said. McGuire would not disclose any details of the incident because the case is under investigation. She said the investigation could take up to four months.

State law requires employers with outdoor employees to provide training on heat-related illnesses, shaded resting areas, four cups of drinking water per person per hour and paid rest breaks of at least five minutes as needed. Employers must also have an emergency plan in place.

Stockton-based immigrant-rights activist Luis Magaña is helping the family raise money to transport her body. The United Farm Workers also is investigating the contractor and the grape farmer. "Obviously, it's just another tragic death that didn't have to happen," said Armando Elenes, the UFW’s external organizer director.

COUNSEL TO MANAGEMENT:

As the summer heat comes on, all employers should review their safety programs to ensure that procedures are in place to ensure sufficient access to water and shade, and to make sure workers and supervisors are properly trained in heat stress prevention. Workers will often push themselves too hard, even after the onset of symptoms, and must be trained to report their symptoms and seek help when they need it. Supervisors must be trained to recognize symptoms, and to call for emergency medical assistance any time a worker appears to be in distress. It is particularly important in remote areas for supervisors to carry written directions to be sure emergency responders can find the work location. While heat related illnesses and deaths can result in severe monetary sanctions from Cal/OSHA and an increase in union activity, the most important consideration is to make sure every worker returns home healthy and well each day.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Saqui & Raimondo at (831) 443-7100 in Salinas, or (916) 782-8555 in Sacramento.