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Revision as of 20:47, 30 October 2015 by Eohgroup12 (talk | contribs) (Added information about MSPA and pesticide use.)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)The Migrant and Seasonal Agricultural Worker Protection Act (AWPA or MSPA) (P.L. 97-470) (January 14, 1983), codified at 29 U.S.C. §§ 1801-1872, is the main federal law that protects farmworkers in the United States. It repealed and replaced the Farm Labor Contractor Registration Act (P.L. 88-582).
The AWPA provides federal labor protections in the areas of labor contracting and recruitment, payment of wages, recordkeeping, housing, transportation, working conditions, and compliance with "working arrangements". The Act also requires farm labor contractors to register with the United States Department of Labor.
About the MSPA:
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) was enacted in 1983 to assist migrant and seasonal farmworkers. It provides migrant and seasonal workers with social protections for transportation, housing, with pay, as well as work-related protections to safeguard them against occupational hazards and ensure better working conditions. Farm operators who qualify for exemption under the Fair Labor Standards Act (FLSA) are exempt from MSPA. However, farm labor contractors are not exempt and must register with the U.S. Department of Labor. (1)
According to the U.S. Congressional State of Purpose, the goal of this policy is to “remove the restraints on commerce caused by activities detrimental to migrant and seasonal agricultural workers; to require farm labor contractors to register under this chapter; and to assure necessary protections for migrant and seasonal agricultural workers, agricultural associations, and agricultural employers”. (2)
Under this law, there are some major requirements for agricultural employers. These include:
- Must secure certificate of registration from the Department of Labor before commencing any contracting of farm laborers
- Must provide proof that transportation vehicles meet standards and are insured
- Must show that housing meets State and Federal safety and health standards
- Must provide written information about wages, hours, workers’ compensation, working conditions, and housing during recruitment process
- Must maintain written payroll records and provide employee with written pay statement.
- Agricultural employers and associations are responsible for MSPA compliance
If agricultural employers violate these provisions, there are specific penalties, which are displayed in the table below.(1)(2)
Background on Migrant Farmworkers in the United States:
Between 1 and 3 million people, mainly from Mexico, migrate to the United States each year to work on American farms. According to the 1998 National Agricultural Workers Survey, 81% of all U.S. farm workers were born outside the U.S. and of those 95% were born in Mexico. Of all the farmworkers in America nearly 85% of them spoke Spanish as their native language and the average years of education was just six. Of those farmworkers who were foreign born, only about 10% spoke English fluently.
Migrant workers come to work in jobs that are undesirable to many American citizens due to their often substandard working conditions and low pay. Many people leave their families behind in their home country with promises of returning with the fruits of their labor and the hope of a better life. Unfortunately, the median income among these workers is a meager $7,500 a year so they often do not have enough to bring back to their families.
Among migrant workers, approximately 52% are undocumented and are working illegally. This fact, which brings with it the threat of deportation, along with the isolation and alienation that inevitably occurs when one moves to a foreign place, often leads to workers feeling trapped on the farm at which they labor. (3)(4)
Pesticide Use in Agriculture:
A pesticide can be defined as “any substance or mixture of substances used to destroy, suppress or alter the life cycle of any pest” (6). Pesticides are used to kill competing plants (herbicides) and control harmful insects (insecticides) (7). The other reason to use pesticides is to kill or suppress the growth of microorganisms, like bacteria, viruses, and fungi that live in a proximity to crops (antimicrobial pesticides). The ultimate goal of controlling the growth of pests is to increase the crop yields (8).
These compounds are made up of two main types of ingredients: active, which control pests, and inert, which improve performance of the pesticides (5). For example, some inert ingredients are responsible for increasing the pesticide's shelf-life while other inert ingredients act as solvents for the active ingredients. It is important to know that the word “inert” does not imply that inert ingredients are safe. In fact, adding inert ingredients to pesticides requires permission from Environmental Protection Agency (5). Pesticide use has increased significantly since the 1960s, from 196 million pounds in 1960 to 516 million pounds in 2008 (8). The majority of these pesticides are used in agriculture (72 percent), while 13 percent are used in homes and gardens. Glyphosate Atrazine, Metam Sodium, and Acetochlor are the most commonly used active ingredients in the U.S. (7). The EPA estimated that between 180 and 185 millions of pound of Glyphosate were applied in 2007, while 28 and 33 million of pounds of Acetochlor were applied in 2007 (7).
Health Implications from Pesticide Use for Migrant Workers:
The MPSA is important to protect migrant workers from the detrimental health effects associated with occupational hazards of working in agriculture. Migrant workers can be affected by pesticides depending on the toxicity/intensity or duration of their exposure. Workers may come into contact with chemicals via inhalation, ingestion, or skin contact. Short-term exposure risks include eye and skin irritation and skin sensitivity. More intermediate effects from repeated exposure include neurotoxicity or nerve damage. Negative health effects are magnified and become increasingly serious after prolonged and repeated lifetime exposure, which include cancer, hormone and endocrine disruption, reproductive complications. Potential genetic and developmental problems can occur from fetal exposure during pregnancy.(9) While much focus of migrant health risks are physical, there are significant mental health implications as well, such as anxiety and depression. (10)
Migrant workers in the field experience direct exposure to pesticide chemicals. However, family members, including spouses and children, are also in danger. In the home, exposure transferred from contaminated work clothes can mix with dust particles in the air, which then may be inhaled. Chemicals in the home such as household cleaners also may combine with the pesticides and create enhanced risk for household members (11). This is why it is important to have protections through acts such as the MSPA to protect migrant agricultural workers and their families both in the field and at home.
References
This article incorporates public domain material from Jasper Womach. Report for Congress: Agriculture: A Glossary of Terms, Programs, and Laws, 2005 Edition (PDF). Congressional Research Service.(1) Economic Research Service & USDA. Migrant and Seasonal Agricultural Worker Protection Act of 1983. Retrieved from http://www.ers.usda.gov/media/536059/ah719e_1_.pdf.
(2) Cornell University Law School. 29 U.S. Code § 1801 - Congressional Statement of Purpose. Legal Information Institute. Retrieved from https://www.law.cornell.edu/uscode/text/29/1801.
(3) Gonzalez, E. (2015). Migrant Farm Workers: Our Nation’s Invisible Population. Extension. Retrieved from http://www.extension.org/pages/9960/migrant-farm-workers:-our-nations-invisible-population#.VjDhrstVikp.
(4) U.S. Department of Labor. (2000). Findings from the National Agricultural Workers Survey (NAWS) 1997-1998. Retrieved from http://www.doleta.gov/agworker/report_8.pdf..
(5) Environmental Protection Agency. (2015). Basic Information about Pesticide Ingredients. Retrieved October 25, 2015, from http://www2.epa.gov/ingredients-used-pesticide-products/basic-information-about-pesticide-ingredients
(6) Environmental Protection Agency. (2013). What are pesticides and how do they work? Retrieved October 25, 2015, from http://www.epa.nsw.gov.au/pesticides/pestwhatrhow.htm
(7)Grube, A., Donaldson, D., Kiely, T., & Wu, L. (2011). Pesticides industry sales and usage. US EPA, Washington, DC.
(8)Fernandez-Cornejo, J., Nehring, R., Osteen, C., Wechsler, S., Martin, A., & Vialou, A. (2014). Pesticide Use in US Agriculture: 21 Selected Crops, 1960-2008. Economic Research Service, United States Department of Agriculture, 40-49.
(9) Environmental Protection Agency (EPA). (2007.) Pesticides: Topical and Chemical Fact Sheets. Assessing Health Risks from Pesticides. Retrieved from http://www.epa.gov/pesticides/factsheets/riskassess.htm
(10) Reidy, T.J., Bowler, R.M., Rauch, S.S., & Pedroza, G. I. (1992). Pesticide Exposure and Neuropsychological Impairment in Migrant Farm Workers. Archives of Clinical Neurology, 7(1). Retrieved from http://www.sciencedirect.com.hsl-ezproxy.ucdenver.edu/science/article/pii/088761779290021E
(11) Acury, T.A., Lu, C., Chen, H., & Quandt, S. (2013). Pesticides Present in Migrant Farmworker Housing in North Carolina. American Journal of Industrial Medicine, 57(3). DOI: 10.1002/ajim.22232
External Links
- U.S. Code - Official text of the law.
- "Unfinished Harvest" - NGO Report on the law's 30th anniversary.