A California non-profit representing farmworker health and safety has filed a petition seeking to tighten state standards around protections against H5N1, also known as bird flu. The virus has been detected in more than 700 dairy farms across the state.
Advocates say employers, largely in California’s multi-billion-dollar dairy industry, are flouting existing regulations, jeopardizing farmworker and public health.
“Since Covid 19 our community finds itself in another public health crisis,” said Jorge Luna, data analyst with Valley Voices, during a March 20 public hearing before the California Occupational Safety and Health Standards (Cal OSHA) Board. The agency is responsible for enforcing state laws on worker health and safety. “The state has to do more to limit worker exposure and human-to-human contact.”
The amendments in the petition include supplemental paid time off for testing, medical monitoring, and isolation in cases of worker infection, as well as requiring owners to inform local, state and federal health authorities on suspected transmission.
There have been 38 reported human cases of bird flu in California, all but one involving dairy workers, a majority of whom are immigrants, many from Mexico and Central America and many of them undocumented. Of the reported cases, none were wearing respiratory protections.
Bird flu is transmitted through the air as well as through direct contact with infected animals. Some 954 cases have been reported worldwide, according to the WHO, with a fatality rate of 52 percent.
While spread has slowed, with no new cases being reported since January, a new strain of the virus was detected in Merced County, along with a new variant in Nevada, raising concerns around potentially more transmissible mutations.
New HHS Sec. Robert Kennedy Jr., meanwhile, drew criticism this week for suggesting farmers allow the virus to spread on their farms. Bird flu has been blamed in part for the high price of eggs in the US, though the virus has since made the jump to mammals, including dairy cattle.
Earlier this year, Valley Voices partnered with UC Merced’s Community and Labor Center on a survey of 30 dairy workers across the Central Valley. The goal was to better understand their experience and assess their risks of exposure to the virus.
Among the survey’s findings, workers described a lack of personal protective equipment (PPE) as well as little to no communication from employers on the risks of infection. One worker told researchers, “The bosses are more interested in the animals than our health.”
Fear of losing their jobs and possibly their housing — many dairy workers live on the farms where they work — also prevents employees from coming forward to report violations.
“Bird flu is pandemic capable,” said UC Merced’s Jennifer Cossyleon, who helped lead the study. Yet, she added, “Employers rarely communicated or alerted their workers to the risks.”
Citing worker testimony, Cossyleon said most workers’ primary source of information on the virus came from family members, social media and the radio.
She highlighted three key themes that emerged from the survey: OSHA non-compliance, a priority on production over worker health, and no safety net for workers who fall ill.
Still, she said, “It is possible to have worker centered practices.”
Among the survey’s recommendations are paid sick leave, including any anticipated overtime, improved communication from employers, a greater focus on enforcement, and incentives for employers who prioritize worker health and safety.
“OSHA is putting a great deal of effort into this,” said Board Member Nola Kennedy. “Employers should have the tools and resources to manage this. Yet we hear over and over again that workers are not being protected. We have to figure out how to manage this.”
She added, “It is very frustrating.”
Bryan Little of the California Farm Bureau, which represents farm owners across the state, pushed back on allegations that employers were not doing enough to protect their workers.
“Dairy farmers take their responsibility to protect their employees very seriously,” he said, describing the steps his organization has taken, including training and distribution of PPE resources. “I don’t believe it is accurate that PPE is going unused.”
Officials acknowledged during the two-hour hearing that one citation had been issued for OSHA violations, with 30 cases still pending. And they noted reports could be submitted anonymously, acknowledging worker fears of reprisals from employers.
To date, the agency has received zero reports from workers.
“Bird flu is being described as a pandemic in slow motion,” said Stephen Knight with Worksafe, which focuses on workplace safety, during public comment. “There is far more that could be done. Complying with the basic requirements is a bare minimum.”
Ann Patton with California Rural Legal Assistance said, “We strongly agree that workers should be provided exclusion pay and paid worktime to obtain vaccines, tests, so loss of income won’t be a barrier to reporting symptoms.”
The full board was not present at Thursday’s hearing, meaning no action could be taken on the petition. OSHA rules require a quorum before any official decisions can be made.
“This is extremely disappointing,” said Kings County resident Ivette Chaidez Villareal. “This isn’t a procedural issue. It reflects a lack of concern about the impact of Avian Flu on dairy workers.”
She continued, “If this board is serious about protecting workers, members need to prioritize these meetings and the people they serve.”
