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24 Jul 2024

USA: Govt. fines labor contractor Guerrero Ag for safety violations leading to farmworker's heat-related death at Alico Farm; incl. Alico response

“Had Guerrero Ag developed and implemented an effective heat illness prevention plan, this worker’s life could have been saved. Employers must take action to protect employees from workplace hazards, including heat hazards both outdoors and indoors, to prevent another tragic and preventable death."
OSHA Area Office Director Danelle Jindra in Tampa, Florida

A federal workplace safety investigation found that Guerrero Ag, a Florida labour contractor, could have prevented the fatal heat illness of a 41-year-old worker who collapsed while harvesting oranges at Alico Farms in December 2023.

The worker showed symptoms of heat stroke, such as difficulty talking and disorientation, before becoming unresponsive and later dying in intensive care. OSHA determined the heat index was approximately 92 degrees on the day of the incident. Guerrero Ag was cited for two serious violations for exposing workers to high ambient heat hazards on three separate days and failing to provide first-aid training in an area without nearby medical facilities. Additionally, Guerrero Ag failed to report the worker's hospitalization within 24 hours and the subsequent fatality within 8 hours, as required by law.

Business & Human Rights Resource Centre invited Alico Farms, as a workplace where workers were deployed, to:

  • Respond to the report of hot working conditions;
  • Disclose the steps it has taken to investigate and provide remedy to workers for the abusive working conditions and to the family of the deceased worker, if at all;
  • Disclose any preventative measures implemented since the incident in 2023 to prevent such incidents from recurring, including training programs and safety protocols;
  • Disclose any human rights due diligence it undertakes prior to entering into contracts with labor contractors and when monitoring conditions for subcontracted workers; and,
  • Describe how Alico Farms engages with contracted workers, their representatives, and with other stakeholders to uphold health and safety standards

Alico's response can be read in full below.