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The Fine Print I:
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The Fine Print II:
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FARMWORKERS ARE THE FOUNDATION of a trillion-dollar industry in the United States yet face a level of occupational risk unrivaled by most workers. Despite their prominence within the nation’s food system, farmworkers are largely invisible to most Americans, as are their sacrifces and challenges. To some degree, the COVID-19 pandemic forced the country to reckon with the inhumane realities of food production; farmworkers were quickly deemed essential. At the same time, farmworkers contracted the coronavirus at high rates due to the lack of enforceable COVID safety standards, crowded and unsafe working and housing conditions, and delayed federal assistance. As our nation begins to reckon with its long history of pervasive and systemic racism, law- and policymakers must confront the fact that the vast majority of farmworkers are foreign born, identify as Hispanic or Latino/a, are not native English speakers, earn low wages, and have long worked under extraordinarily hazardous conditions. A smaller percentage of farmworkers identify as Indigenous with some identifying an Indigenous language as the one in which they are most comfortable speaking while some may speak a language without a consistent written form, which makes reading and writing in any language impossible. Over half of farmworkers are either undocumented or migrant workers thereby limiting their labor rights,10 as well as their willingness to exercise the limited rights they possess to report health and safety violations for fear of retaliation through immigration enforcement. Estimates suggest approximately 524,000 farmworkers are under the age of 18.
On March 19, 2020, in the midst of a global pandemic, the federal government declared farmworkers “essential workers.”1 From California to New York, the same communities called upon to keep Americans fed during an unprecedented period of sickness and uncertainty also suffered some of the most horrific Covid-19 infection and fatality rates. While individuals across the country grappled with the devastating impacts of the Covid-19 pandemic, farmworkers throughout the United States (US) were among those the US government called upon to risk their health and the health of their communities in order to keep groceries on the shelves for millions of Americans.
At first glance, the casual observer from outside of the rail industry is prone to say that single employee train operation sounds dangerous. “What if the engineer has a heart attack?” is an often heard question. And while this question has merit, there are many other and far more complex and unanswered questions about just how single employee train operations could be accomplished safely and efficiently for the train crew, the railroad and the general public. How will the train make a back-up move? What happens when the train hits a vehicle or pedestrian? How will the train crew member deal with “bad-order” equipment in his/her train, or make pick-ups and set-outs en route? What about job briefings and calling signals, copying mandatory directives and reminders of slow orders? These are just some questions that we take up in this article.