Exposed and at Risk: Opportunities to Strengthen Enforcement of Pesticide Regulations for Farmworker Safety

By Olivia N. Guarna - Vermont Law & Graduate School Center for Agriculture & Food Systems and Farmworker Justice , September 2022

THE USE OF PESTICIDES IS UBIQUITOUS IN OUR FOOD SYSTEM. In the United States, approximately 1 billion pounds of pesticides are applied annually across sectors. Nearly 90 percent of conventional pesticides are applied in the agricultural sector. As a result, farmworkers are routinely exposed at unusually high rates to chemicals that pose substantial risk to human health and safety. These risks are exacerbated by insufficient worker training and frequent improper handling and application.

Vermont Law and Graduate School’s Center for Agriculture and Food Systems released a report in 2021 entitled Essentially Unprotected, which contains a detailed overview of the landscape of pesticide laws at the federal and state level. As demonstrated in the report, there are still key gaps in existing law to sufficiently protect farmworkers. Given these significant gaps, it is particularly alarming that compliance with current protections appears woefully low. The failure to adequately enforce pesticide laws leaves farmworkers unprotected and at continued risk of injury and illness.

The system of pesticide law enforcement is complex and varies widely between states. This report seeks to explain some of the nuance reflected in the regulatory structure of enforcement while highlighting recommendations for consistency and improved health and safety outcomes. However, it is essential to note that poor compliance and enforcement are symptomatic of other issues, many of which plague farmworkers beyond pesticide exposure. For example, enforcement is considerably affected by workers underreporting exposure incidents and suspected violations due to fear of retaliation by their employers.

Many farmworkers are undocumented or on an H-2A guestworker visa and thus face fears of deportation or blacklisting if they speak out against employer abuse. Additionally, farmworkers often do not have access or resources to seek out medical attention after exposure. If they do, doctors may not be aware that their symptoms indicate pesticide poisoning or may not know how and to whom to report the incident. Even when doctors can draw the connection, not all states require that doctors notify health authorities or the state agency responsible for enforcement.e, enforcement is considerably affected by workers underreporting exposure incidents and suspected violations due to fear of retaliation by their employers.

Download a copy of this publication here (PDF).

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author.