Archives - Will Lyster Comments on Farm Workers/ Touts SB 1645
October 2003
Letters to the Editor: Will Lyster Comments on Farm Workers/ Touts SB 1645
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Farmworkers, primarily from Mexico, are responsible for the bountiful produce in our markets and grocery stores. In the U.S., farmworkers earn an average of $6500 per year and labor in one of the most dangerous occupations in the United States. How can conditions for farmworkers improve?” -- Mary Bauer, 'Show Your Colors'

It would be one thing if farm laborers were pushed and forced into this service where they only make $6500.00 a year. These workers are usually immigrants, but are they forced to work for this amount of money? Did they not choose this occupation? It's like teachers - they apply for a teaching job, they are told what the pay is and they agree to take the job. Before you know it, they are on strike or making some political maneuver for increased pay.

According to the U.S. Department of Labor's National Agricultural Workers Survey (NAWS), “…many of these individuals are young and relative newcomers to U.S. labor markets”.

I remember when I was young and a newcomer to the U.S. labor market; I made about $3.15 and hour working in a fast food restaurant in Charlottesville. I learned a lot during my 10 months or so working there. The first thing I learned was that I was not going to be there forever and I was not forced to work there.

The same holds true for alien farm workers in the H-2A Program (Temporary Employment of Aliens in Agriculture in the United States). This program makes sure that agricultural employers meet specific requirements prior to hiring aliens to perform work of a seasonal or temporary nature. The purpose of the H-2A program is to assure employers an adequate labor force on the one hand and to protect the jobs and wages of U.S. workers on the other. These aliens are not forced into this labor. This should be a stepping stone for them to move on to better jobs and make room for the next generation of young workers.

A few of the specific requirements include 1) Wage requirements, 2) Free housing, 3) Meals, 4) Transportation reimbursed.

1) The wage or rate of pay must be the same for U.S. workers and H-2A workers. The rate must also be at least as high as the applicable Adverse Effect Wage Rate (AEWR) or the applicable prevailing wage rate, whichever is higher.

In Virginia in 2002, this amount was $7.53 per hour. In 2002 farm workers in the Appalachian I region (includes Virginia) worked an average of 36.0 hours per week. Let’s see, and average of $7.53 and hours times and average of 36.0 hours equals $14, 096.16 if they work for one year.

I wonder what farm worker made the $6,500.00 per year? One worker who worked for one season maybe?

2) The employer must provide free and approved housing to all workers who are not able to return to their residences the same day.

3) The employer must provide either three meals a day to each worker or furnish free and convenient cooking and kitchen facilities for workers to prepare their own meals. If meals are provided, then the employer may charge each worker a certain amount per day for the three meals. This amount is currently $8.00 per day.

4) The employer is responsible for the following different types of transportation of workers: (1) After a worker has completed fifty percent of the work contract period, the employer must reimburse the worker for the cost of transportation and subsistence from the place of recruitment to the place of work. (2) The employer must provide free transportation between any required housing site and the worksite for any worker who is eligible for such housing. (3) Upon completion of the work contract, the employer must pay return transportation or transportation to the next job.

The employer must provide Workers' Compensation or equivalent insurance for all workers. Proof of insurance coverage must be provided to the Dept. of Labor Regional Administrator before certification is granted. Also, the employer must furnish at no cost to the worker all tools and supplies necessary to carry out the work, unless it is common practice for the worker to provide certain items.

Senate Bill 1645 will reform some of these requirements and include better definition of some vague areas of the H-2A program. It also will allow aliens legally admitted with temporary status to apply for permanent residence.

It appears to me that the occupation of a farm laborer is not all that far off from other jobs in the United States where manual labor is involved. You don’t have to do it, but if you do, even aliens receive the benefits of nationals.

Speaking of dangerous occupations, Data from the Bureau of Labor Statistics - Compensation and Working Conditions Online shows that in 2001 (the latest data available), 740 people died in the Agriculture Industry – up 20 persons from the previous year. While one death is one too many, here are other industry data for 2001 (data does not include Sept. 11 attacks):

Mining: 170
Construction: 1,225
Manufacturing: 599
Transportation & public utilities: 911
Retail Trade: 537
Wholesale trade: 220
Finance, insurance, & real estate: 86
Services: 767
All Government Jobs: 630

From this data, most jobs are dangerous – especially construction related jobs.

So, now that we know that most jobs have their dangerous aspects and farm workers are at just as much risk as the rest of us.

But still, who are these U.S. farm workers making only $6,500.00 a year? Why are they staying with this job? Are they only working part time? Or is this some horrible 40+ hour workweek where they are forced to sleep in a bamboo and sugarcane ‘hut’ with plastic garbage bag walls as ‘housing’ shown on the United Farm Workers website?

So how can we improve conditions for Farm Workers? Support SB 1645.

We do it the way the rest of law-abiding America operates, through legislation.

--Will Lyster (electronic mail, October 12, 2003)

* * * * *

AEWR data -
http://www.usda.gov/oce/oce/labor-affairs/aewr02.htm

Appalachian I 2002 data -
http://usda.mannlib.cornell.edu/reports/nassr/other/pfl-bb/2002/fmla1102.txt

Application for Alien Employment Certification -
http://workforcesecurity.doleta.gov/foreign/pdf/eta750a.pdf

Bureau of Labor Statistics Data: Census of Fatal Occupational Injuries -
http://data.bls.gov/cgi-bin/dsrv?cf

Senate Bill 1645 -
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.01645


Comments? Questions? Write me at george@loper.org.