We note that a program to provide information on the prevalence of infractions represents a departure from the original purpose of the TIPP program. Specifically, such a program would entail inspection of a random sample of operations, rather than focusing on those with complaints or at high risk for infractions. Whereas the original TIPP model garners support among employers because it lessens unfair competition from non-compliant operators, a random-inspection program intended to provide unbiased information on the prevalence of infractions may encounter difficulty in gaining support from employers. Whereas employers support the original TIPP model because it lessens unfair competition from non-compliant operators, employers may be less likely to support a random inspection program intended to provide unbiased information on the prevalence of infractions. This report reviews enforcement actions in agriculture undertaken by the Targeted Industries Partnership Program , a coordinated multi-agency education and enforcement initiative started November 1, 1992,nft channel and led for three years by former state Labor Commissioner Victoria Bradshaw and Dr. William C. Buhl , In 1996, Roberta Mendonca succeeded Commissioner Bradshaw and now jointly directs this effort with Dr. Buhl.
TIPP focuses exclusively on the agricultural and cut-and-sew garment industries, sectors chat are widely believed to have high levels of non-compliance with safety and labor laws. The effort is aimed at improving compliance through positive encouragement, by providing education and assistance customized to employer needs, as well as vigorous enforcement of federal and state laws governing conditions of employment. A unique feature of TIPP is that it seeks to coordinate the efforts of nearly all agencies with authority for enforcement of safety and labor laws. This authority is widely dispersed among a myriad of federal, state, and local agencies, leading to potential problems such as duplication of effort and inadequate oversight.In a climate of significantly reduced federal and state support for regulatory activities, a coordinated effort holds the promise of using shrinking resources more efficiently. California’s 1995 farm cash receipts of more than $22 billion were nearly twice the amount for second-ranked Iowa. The Golden State is also the top producer of a remarkably diverse number of agricultural commodities, accounting for more than half of the nation’s major fresh vegetables and two-fifths of its fruits and nuts. Last year, California surpassed Wisconsin to become the leader in fluid milk production as well. Less well understood is that California also leads the nation in the annual growth rate of farm production. Despite six years of drought, a severe recession, urbanization and major storms, California’s farm production increased sharply in the past 15 years, led by very much larger outputs of fruits, vegetables, and ornamental horticultural products. These increases reflect both changes in consumer demand, especially greater per capita consumption of fresh fruits and vegetables, as well as major increases in exports, particularly to Asian markets.
Overall, the annual tonnage of California vegetable production has doubled in this period, while fruit tonnage has increased by 40%. These increases have expanded labor requirements. After taking account of improvements in worker productivity, overall labor demand in California agriculture has increased by about 20% during the past 15 years.” At the same time, the farm worker population has greatly expanded, largely through immigration. The number of persons employed in a single year in California agriculture is not accurately known, but is estimated to be 700,000,~’ accounting for more than one-fourth of the nation’s estimated 2.5 million hired farm workers. The Immigration Reform and Control Act of 1986 stimulated a substantial influx of immigrants, both authorized and unauthoried.Today, nine of every ten California farm workers are foreign-born; most are from Mexico or Central America. This new immigration has both broadened and deepened among the peoples of Mexico and Central America. Among the new migrants working in the fields of California, an estimated 50,000 are from indigenous groups in their countries of origin.16 The new immigrants have low levels of educational attainment; an estimated 70% are functionally illiterate.” Difficulties are multiplied for persons from indigenous groups, who may speak neither English nor Spanish and communicate in an unwritten indigenous language. As the number of farmers and unpaid family members working in agriculture steadily decreases, and as farms have become increasingly dominated by large businesses, California’s agriculture has become more dependent on hired workers.
Today, at least 80% of all work on California farms is performed by hired labor.” The single most important development in farm employment in recent years is the rapidly growing reliance on farm-labor contractors, i.e., labor market intermediaries who match workers with farm jobs. Nationally, farmers report a 60% increase in real dollar expenditures for contract labor since 1974, while direct-hire labor expenses, again expressed in constant dollars, have declined In California, this trend is even more pronounced, with reported farm-labor contractor employment doubling since 1978.20 Today, one in three California farm workers is employed by a labor contractor during the year12′ and at peak season labor contractor employees are a plurality in nearly all regions of the state. In the past 15 years most farmer-provided housing and transportation services have been eliminated.As a result, hired farm workers are even more dependent on labor contractors for shelter and transportation to and from work. Increasingly, farm-labor contractors provide services needed by the workers they employ. For at least half of those working for labor contractors, services such as transportation or housing are provided by contractors or their agents for fees that are charged as a condition of employment,mimicking the company towns of the last century. This privatization of farm worker services has absolved many farm operators of the cost and responsibility for the workers they need and has added to the economic burden of individual workers. Traditionally, enforcement agencies have relied heavily on informants; their efforts have been largely complaint-driven. The TDPP program, in contrast, generally operates by conducting “sweeps” based on industry and geographic targeting rather than pursuing specific operations identified through complaints. Staff involved in the sweep represent the various cooperating agencies. The purpose of multi-agency sweeps is not only to identify violations, but also to generate leads. These leads can then be immediately pursued to find other violations. Not surprisingly, given California’s leading role in farm production and employment,hydroponic nft the state is also the nation’s leader in reported occupational injuries and fatalities in agriculture.Because California has required universal workers’ compensation insurance for all private-sector employees for more than 50 years, the state also has occupational injury data available from the records of workers’ compensation insurance carriers. An enumeration of all paid workers’ compensation insurance claims in the most recently reported five-year period shows that hired farm workers experienced a total of 185,558 occupational injuries or illnesses, of which 51,098 resulted in at least one day of lost work time or other indemnity payment. In addition, there were 202 occupational fa tali tie.Thus, in each of these five years, hired or contract farm workers in California experienced an average of 37,100 occupational injuries, of which 10,200 involved at least one day of lost work time or other indemnity, and 40 occupational fatalities. Other independent sources of occupational injury data are consistent with these workers’ compensation insurance reports regarding hired farm workers, but also provide data on occupational injuries to self-employed farm operators and family members. In 1992, there were a reported 705 occupational injuries to California farmers or unpaid family members that required medical attention or resulted in lost work days, and there were 15 occupational fa tali tie.
In 1993, a cross-sectional survey conducted for NOSH by the U.S. Department of Agriculture found 2,679 occupational injuries to California farmers or unpaid family members that resulted in at least one-half day of lost work time.These data sources also document that not only do California direct-hire farm workers experience the largest number of occupational injuries of any state, but they also account for at least one-sixth2 or as many as one-founh of the total for the entire Thus, California is arguably the nation’s most important setting in which to address occupational injury among hired and contract farm workers. In 1992, the state’s Labor Commissioner, Victoria Bradshaw, with Dr. William C. Buhl of the U.S. Department of Labor, Wage and Hour Division, initiated a collaborative effort by several federal and state agencies to vigorously enforce safety and labor laws on California farms through joint action. Commissioner Bradshaw and Dr. Buhl were also convinced that partnering with other agencies could help address severe cutbacks in staffing that resulted from the state government’s fiscal crisis triggered by the California recession of the early 1990s. Known as the Targeted Industries Partnership Program , this effort focuses resources on the agricultural and cut-and-sew garment industries. TIPP seeks to encourage compliance through programs of public education, outreach to employers and periodic surprise enforcement sweeps involving dozens of agents. The lead agencies are the state Department of Industrial Relations- Division of Labor Standards Enforcement and the U.S. Department of Labor-Wage and Hour Division. Cooperative relationships have also been established with the U.S. Internal Revenue Service, the California Department of Employment Development, and various local agencies. According to the California Governor’s Farm Workers Services Coordinating Council, “The objective of TIPP is to provide comprehensive enforcement of existing labor and employment laws that protect farm workers and to maximize the enforcement effort through joint participation in inspection, referrals, and the targeting of systematic and flagrant violators.”The basic concept is to increase the effectiveness of enforcement efforts through a more efficient use of agency resources. As many as twelve enforcement agencies may be involved in a particular sweep. Agencies most frequently involved in TPP efforts include the following: Occupational Safety and Health Administration, State of California . This agency has responsibility for enforcement of workplace safety laws. As a state agency it enforces California law. In addition, under delegated authority from the Occupational Safety and Health Administration of the U.S. Department of Labor, it also enforces federal safety laws. California safety laws are sometimes stricter than corresponding federal laws. For example, under state law all farm employers are subject to regulation, but federal OSHA standards apply only to farms with 11 or more employees. For the past several years, Cal-OSHA has made safety law enforcement in agriculture one of its highest priorities. Cal-OSHA participates in the federal OSHA safety and health program, which uses the IMIS database. Thus, safety and health inspection reports are entered into the federal database from the local state Cal-OSHA offices. The MIS database uses a standardized report that includes more descriptive data than are available in the TIPP database. In 1993, CalOSHA health-and-safety reports were entered into both the TIPP and MIS database. However, in 1994 health-and-safety reports were entered only in the IMB database. Wage and Hour Division, U.S. Department of Labor fUSDOL- WHD. This agency has responsibility for enforcement of two important federal laws: the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act. Consequently, it is responsible for the registration of farm-labor contractors and crew leaders and for ensuring compliance with federal regulations governing their employment practices, including child labor. Labor Commissioner, Department of Indus~rWf Relations, State of Colifornia , and certain other conditions. This is a more stringent set of requirements than those for registrants with USDOL, but applies only to labor contractors who enter into direct agreements to provide labor services for farm operators. State law does not require licensing of crew leaders, individuals who are hired by labor contractors to provide and supervise crews of workers. County Agricultural Commissioner, State of Colifornia. The 58 county agricultural commissioners have responsibility for enforcement of laws governing pesticide use for commercial purposes. This authority is delegated by the U.S. Environmental Protection Agency as well as the Department of Pesticide Regulation of Cal-EPA. Since most reported commercial pesticide use is in agriculture and is associated with routine production practices, it is thought that those who are most familiar with these practices are likely to be the most qualified to carry out enforcement. This authority includes making sure that pesticides are used only for specific purposes authorized by both federal and state law as well making sure they are used safely. For the latter purpose, farm-labor contractors are required to register with the agricultural commissioner in each county where they conduct business.