Arizona lawmaker files bill to protect workers from heat after Yuma farmworker death
Yuma was in the grips of a brutal 110-degree heat wave last July when Dario Mendoza collapsed working in a melon field and died.
The death of the 26-year-old father of two sparked concerns about inadequate state regulations protecting farmworkers and other employees who work in the Arizona heat, which is being exacerbated by climate change.
The Yuma County medical examiner in July declared the death heat-related.
But an inspection into the worksite death by the Arizona Division of Occupational Safety and Health concluded that Mendoza had adequate access to water, shade and rest. The ADOSH report also cited a Yuma County Medical Examiner report that concluded that the main cause of death was an overdose of methamphetamine. The autopsy report also said other significant conditions were "exposure to high outdoor temperatures."
The agency recommended no citations against the company, Nex Gen Farm Management Inc.
The report said Nex Gen Farm Management adopted California's higher standards for protecting workers years ago.
Those standards include "training employees on signs and symptoms of heat stress, what to do in the event of an emergency, communicating the need to hydrate before every work shift, acclimatizing employees when they come from cooler areas to work, and providing shaded spaces to seek refuge," the report said.
The company did not respond to a request for comment.
The cause of Mendoza's death does not negate the need for stronger state rules for employers to protect workers from the heat, said state Rep. Mariana Sandoval, D-Goodyear. Her district covers southwestern Arizona, including Yuma, a major farming area and the winter lettuce capital of the nation.
On Wednesday, Jan. 24, she introduced legislation that would instruct the Industrial Commission of Arizona, which oversees ADOSH, to write rules strengthening requirements for employers to protect workers exposed to the elements.
"There's people that have died and continue to die because of the heat exposure, and it's needed in Arizona," Sandoval said.
Sandoval said she was prompted to introduce the legislation by farmworkers who have died or been injured because of heat. But the bill is intended to protect all workers in Arizona exposed to the elements better.
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Unlike California and other states, Arizona lacks laws and regulations to protect farm workers from the heat, Jill Guernsey de Zapien, a public health professor at the University of Arizona, told The Arizona Republic in July.
Farmworkers in Arizona are covered under federal Occupational Safety and Health Administration regulations, but those regulations are inadequate when it comes to working in the heat, she said.
Some employers voluntarily take steps to protect workers, but Sandoval's bill would require employers to take steps to protect workers or face possible penalties, Sandoval said.
Report details circumstances of farmworker's death in July
On the day Mendoza died, the temperature in Yuma was in the mid-90s by 9 a.m. and reached a high of 116, one degree shy of the 117-degree record for that day. The area was in the midst of a nearly two-week stretch of temperatures at or above 110 degrees.
Mendoza was part of a crew removing black plastic sheets used to control weeds in a melon field when, shortly before 8 a.m., he suddenly began to run aimlessly, the report said. He was taken to a work vehicle to cool off by other employees, who contacted the supervisor and 911. Mendoza was transported to a hospital, where he died, the report said.
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On the day of the incident, the crew started at 2 a.m. — as part of a 2 a.m. to noon shift to avoid the hottest part of the day. The crew headed into the melon fields at 2:30 a.m., the report said.
"The crew, including the deceased employee, used long sleeve shirts, were provided water, used large umbrellas on the tractors while riding on the stand of the implement, had shades available, and a van with working A/C," the report said. "The employees were provided with multiple breaks and could take as much time as (they) needed if they were feeling hot."
The supervisor told state inspectors the crews had access to two 5-gallon water containers and two 3-gallon jugs filled with ice. If the water or ice ran out, management would be called to bring more, which took about 15 minutes to accomplish, the report said.
An operator told state inspectors that he saw Mendoza drinking a lot of fluids and constantly refilling his water jug. At 6 a.m., the employees took an assigned break. At 7:15 a.m., Mendoza asked to take another break early. He collapsed shortly after returning to work.
"Upon the employee's return to the field, the operator stated he noticed the employee working faster and acting strange. After working a little while longer the employee began running away from the operator and the field until he fell by a fence," the report said.
The operator also told inspectors he had seen Mendoza taking pills during the work shift and presumed it was medication. The crew thought the pills were for gastritis but were unsure if they were for that reason, the report said.
Reach the reporter at [email protected].
This article originally appeared on Arizona Republic: Bill filed to protect Arizona workers from heat after farmworker death
