RECOMMENDATION B:
SUPPORT WORKPLACE EFFORTS

Support workplace efforts to improve health and safety conditions in high-hazard jobs where large numbers of immigrant workers are employed.

B-1.

Disseminate information about existing solutions to reduce or eliminate serious hazards. The key industries that employ immigrants in California are agriculture, manufacturing, construction, and personal service. The Department of Health Services (DHS) should convene a committee to identify effective engineering controls and other methods that can reduce or eliminate the most serious hazards faced by immigrant workers in these key industries. Plans should be developed to promote these methods and disseminate information on them to employers, unions, and other interested parties.

For example, fall protection campaigns have been successful in other parts of the country and should be implemented in California. In garment manufacturing, community-based efforts in the San Francisco Bay Area have identified a low-cost workstation that can reduce ergonomic injuries; additional funding is needed to disseminate information about this engineering solution. Similarly, in agriculture, it is known that "run-overs" by motor tractor and other equipment are a significant cause of death among farmworkers and that a simple lockout mechanism to prevent idling vehicles from moving would largely solve the problem. The committee should review available research findings about effective solutions, and should collect information from employers and trade associations about "best practices" that have successfully reduced hazards in occupations where immigrant workers are typically employed.

B-2.

Provide incentives for employers. The committee (described in Recommendation B-1) should identify available resources to help employers implement the suggested solutions. Particular emphasis should be placed on assisting small employers, such as through grants programs. (The State of Ohio offers matching grants of up to $40,000 to businesses that will use the funds to reduce or eliminate the risk of cumulative trauma disorders in the workplace. The State of Oregon previously offered grants of up to $150,000 to employers who would use the funds to develop solutions to workplace health and safety problems or design a process or project to solve a problem.) Other incentives might include, but are not limited to, insurance rebates, tax credits, and loans. In exploring possible incentives, there should be an examination of existing incentive systems that encourage safer workplaces. Any incentive program should be carefully evaluated to ensure that it is effective and does not discourage reporting of injuries.

B-3.

Support research on new workplace solutions. Where effective solutions are not known, engineering research and intervention effectiveness studies should be conducted. A California Occupational Research Agenda should be established to set priorities and fund practical research, with emphasis placed on research that will demonstrably improve health and safety conditions for immigrant workers. In agriculture and construction, for example, solutions to ergonomic hazards need to be developed and tested. Research results should be disseminated to employers, unions and other interested parties.

B-4.

Train and assist employers. Governmental agencies, trade associations, and workers'
compensation insurers should develop and implement outreach efforts to provide appropriate training and assistance to enable employers of immigrants to establish effective injury and illness prevention programs. Often employers of immigrants are immigrants themselves. Small employers and non-English-speaking employers in particular may need assistance in developing good programs and may need training on their roles and responsibilities under the law.

The Cal/OSHA Consultation Service should give priority to employers of immigrant workers in high-hazard industries, and should have multilingual capacity to assist non-English-speaking employers. Moreover, Consultation should assess employers’ needs with respect to multilingual materials and meet the needs that are identified. Consultation should also disseminate examples of how employers can successfully integrate a multilingual workforce into their health and safety programs, such as through providing translation at all meetings.

The Labor and Workforce Development Agency should explore methods to disseminate information about employers' obligations and resources available to them, possibly utilizing the business license process. One possible venue to reach employers in the construction industry, for example, is through the Contractors State License Board, which licenses and regulates contractors in California. At a local level, employers could receive information and assistance through partnerships that include employer associations, community-based organizations (CBOs), unions, Certified Unified Program Agencies (CUPAs), governmental agencies, and insurers. CBOs can also be directly involved in proactive efforts to do outreach to employers in their communities. Funding should be made available to test local pilot projects to support these partnerships.

B-5.

Encourage unions to provide education to employers and workers. Unions can play a key role in employer and employee education, especially in industries like the building trades where there are joint labor-management training programs. Unions can also develop means to improve immigrants’ employment opportunities, such as encouraging and supporting immigrants to enter apprenticeships programs.