RECOMMENDATION F:
TAKE LEGISLATIVE ACTION

Educate policymakers and develop legislation to meet immigrant workers' health and safety crisis.

F-1.

Hold briefings with legislators and staff. Some of the recommendations in this report require changes in public policy and new legislation. Meetings should be arranged with legislators, their staff and other policy makers to present the scope of the problem and explain these recommendations.

F-2.

Hold statewide legislative hearings. Present testimony from immigrant workers and their employers about the difficulties faced in addressing health and safety issues, and elicit ideas for solutions from them and others. After one year, follow-up hearings should be held to assess the state's progress in protecting the health and safety of immigrant workers.

F-3.

Introduce legislation where needed to make changes in public policy, and monitor policy implementation. Worker advocates, immigrant advocates, labor, employers, and others should collaborate to develop legislation that is protective of immigrant workers. (See also Recommendation A-6.)

F-3-a.

Close gaps in workers' compensation coverage and occupational safety and health laws. Many temporary and part-time residential jobs that are commonly held by immigrant workers, such as day labor and childcare, are excluded from workers' compensation coverage. Many of these workers do not work enough hours or earn enough money from the same homeowner to qualify for workers’ compensation benefits. (See Labor Code sections 3352(h) and 3715(b).) In addition, Cal/OSHA inspectors often avoid citing homeowners who act as employers. As a result, many immigrant workers face hazards at work without the protection of Cal/OSHA or the care and assistance provided by workers' compensation in case of injury.