Amid intensifying concerns about health, it is more important than ever that Idaho employers ensure their employees are working in safe, sanitary conditions, especially farmers and ranchers who hire workers in the field.
For more than 20 years the federal Occupational Safety and Health Administration has mandated minimum standards for field sanitation on farms and ranches.
Farmers and ranchers, or the labor contractors they deal with, must make an adequate amount of cool drinking water and disposable single-use cups readily available to field crews. They are also required by law to provide one toilet and hand-washing facility for every 20 workers within a quarter-mile walk or at the closest point of vehicular access, whichever is closer. Crews of 11 or more workers are covered by the standards.
The Idaho Department of Labor’s monitor advocate, agricultural outreach workers and labor law compliance officers monitor farms and ranches to ensure compliance with the standards and report violators to federal enforcement authorities.
“Agriculture is a major component of Idaho’s economy, and its productivity relies heavily on the thousands of field workers hired every season for everything from harvesting cherries to blocking sugarbeets,” Department of Labor Director Roger B. Madsen said. “Ensuring their safety is of paramount importance.”
Details on the field sanitation standards can be found online at http://www.dol.gov/esa/whd/regs/compliance/whdfs51.pdf.
In addition to providing safe working conditions, farm and ranch operators and farm workers should make sure the contractors they work with or for pay the minimum wage and are bonded and licensed as state law requires.
“If Idaho farmers hire a contractor who fails to register with the state, they are liable for any unpaid wages owed to contractor’s workers,” Madsen said.
State law also requires farm labor contractors to provide workers with information on safety requirements, workplace standards and, if appropriate, housing conditions.
Along with meeting field sanitation standards, contractors are prohibited from allowing workers to be exposed to pesticide applications. Worker entry into areas after fields have been treated must be restricted, and workers must be informed about how to protect themselves from pesticides and mitigate exposure. Pesticide safety posters must be posted, and workers must receive pesticide safety training and have access to information on labeling and where chemicals are being applied.
Workers must be notified in writing, in Spanish if requested, by farmers and farm labor contractors of how much and when they will be paid, which must be at least once a month. They must be paid at least $6.55 an hour - $7.25 an hour after July 23 – and they must be covered by workers’ compensation insurance. Only cattle and sheep herders are exempt from the minimum wage law.
Crews agreeing to work on a piece-rate basis must receive the equivalent of the mandatory minimum wage. Workers are encouraged to maintain employment records including the time work started and ended, the times lunch breaks begin and end and, if appropriate, piece-rate units performed each day.
Farmers and contractors can deduct from worker pay only those items authorized by state or federal law such as income and Social Security taxes. Any other deductions must be authorized by workers in writing before they can be made.
If housing is part of the employment agreement, farmers must ensure workers receive that in writing and in advance. Housing must meet federal and state safety and health standards, and statements outlining the terms and conditions of occupancy must be posted where the housing units are located.
Contractors must have proof of insurance for all vehicles used to transport farm laborers.
Questions about wages, working conditions and contractor registration can be answered by Department of Labor representatives at any of the 25 local offices around the state. Workers who believe they are not being paid at least the minimum wage can file a wage claim with the department at a local office, on the Internet at http://labor.idaho.gov/wh or by contacting the Wage and Hour Section toll free at (800) 843-3193 or the migrant seasonal farm worker advocate at (800) 628-6319.
Generally speaking, agricultural employees are exempt from mandatory overtime pay. But for verification of exemptions, farmers and farm workers should contact the U. S. Department of Labor at dol.gov/esa or call toll-free (866) 487-9243.
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