California regulators have cited two employers for workplace safety violations following investigations into two on-the-job deaths in Ventura County last year.
Last August, a state employee was found dead as temperatures soared in Simi Valley after he responded to a reported oil leak. In September, an Oxnard man collapsed and died while working in a farm field.
California’s Division of Occupational Safety and Health, or Cal OSHA, issued citations to the state’s Department of Conservation and Del Sol Harvesting, an Oxnard-based farm labor contractor, and for alleged violations, some listed as serious.
But investigators found there was no accident-related violation and did not connect the fatalities to the allegations.
The Ventura County Medical Examiner’s Office reported both deaths as accidental and causes as cardiovascular disease and coronary artery disease. The examiners also listed heat exposure as contributing.
The Cal OSHA citations focus on heat safety, one of the agency’s most often cited violations. The employers face tens of thousands of dollars in fines. Both have appealed the findings.
Until the cases are closed, few details can be released, Cal OSHA officials said. The Del Sol Harvesting case is currently under a Bureau of Investigations review, the agency said. The Department of Conservation case has a status conference scheduled in December.
Regulators issue heat-related citations
The state agency faces one serious and other general violations, all related to heat illness prevention from providing adequate water to training employees. In all, potential fines could add up to roughly $15,000.
The department puts the highest priority on the health and welfare of its employees and invests heavily in creating strong safety protocols and training programs, officials said, in an emailed response to The Star about the case.
“The loss of our colleague in August of last year hit particularly hard,” a spokesman said. “While we work through the process with CalOSHA, we will have no further comment.”
Cal OSHA listed four citations for alleged violations by Del Sol Harvesting. All were described as serious and could bring tens of thousands of dollars in fines.
They ranged from not providing water close enough to employees to failing to adequately train supervisors on how to respond to heat advisories.
Rob Roy, an attorney representing Del Sol, described them as common place heat stress violations – ones that are being contested. According to Roy, there was no excessive heat at the time the employee collapsed. Temperatures didn’t climb to that level until later that afternoon, he said.
Roy also pointed to other health problems listed in the medical examiner’s report.
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Charles Lee, 71, was headed out to inspect a Simi Valley oil well on Aug. 2. The Glendale man, who worked for the department for two years, sent his supervisor a message around 10 a.m. that Friday, saying he arrived at the location, investigators said.
His body was found four days later off a hiking trail in the area. Temperatures reached 99 to 106 degrees over the days he was missing, according to the medical examiner’s report.
After he was reported missing on Aug. 5, Lee’s vehicle was found parked near Yosemite and Cottonwood avenues in Simi Valley. A search and rescue team found his body around 30 feet into the brush off the nearby Chivo Canyon Trail early the following morning.
His cause of death was listed as coronary artery disease and probable environmental exposure or hyperthermia was included as contributing.
Weeks later, Oscar Pimentel, 43, died while working on a farm in the Oxnard Plain. On Sept. 7, he and others were planting celery when he collapsed, according to the medical examiner’s report.
His shift had started at 5 a.m., and the 911 call came in at 1:44 p.m., shortly before his work day was scheduled to end, officials said. While the temperature at that time is unclear, the report says it reached 92 degrees by late afternoon.
Pimentel’s cause of death was listed as cardiovascular disease. Among contributing factors, the medical examiner included heat exposure.
Pimentel will be honored at the Friends of Fieldworkers’ upcoming annual fundraiser, said Martita Martinez-Bravo, the nonprofit’s executive director.
“We urge that all violations be addressed to ensure the safety and protection of farmworkers at this site and throughout the County of Ventura,” she said.
Cheri Carlson covers the environment and county government for the Ventura County Star. Reach her at cheri.carlson@vcstar.com or 805-437-0260.
This article originally appeared on Ventura County Star: Cal-OSHA investigations lead to possible fines for local farm labor contractor, state agency
Reporting by Cheri Carlson, Ventura County Star / Ventura County Star
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