Quijano, Lopez & Verrelli Bill to Establish Farmworker Protections during Public Health Emergencies Clears Assembly Panel

     (TRENTON) – Creating guidelines to help mitigate the impact of the pandemic on farmworkers, an Assembly panel advanced legislation sponsored by Assembly Democrats Annette Quijano, Yvonne Lopez, and Anthony Verrelli to direct the Commissioner of Health to take certain actions to protect the health and well-being of farmworkers during a public health emergency.

“The COVID-19 epidemic has made New Jersey more aware of which populations are more vulnerable to the spread of communicable disease,” said Quijano (D-Union). “The Department of Health has classified farmworkers, especially migrant farmworkers, as being a highly vulnerable population. This merits a high priority in testing and other health services during epidemics such as the COVID-19 epidemic.”

“The potential harm to farm employers and farmworkers from outbreaks of communicable diseases, such as COVID-19, is enormous given the close working and living conditions,” said Lopez (D-Middlesex). “Farmworkers deserve the same protections as other employees working in close conditions. We must ensure the right steps are being taken to protect them and their families during any public health emergency.”

The bill (A-4404) would require the Health Commissioner to:

• Designate farmworkers as being among the groups with the highest priority for testing for communicable disease during the emergency, and conduct or require the testing of all of those workers in their workplace, or in farm employer-sponsored or farm employer-authorized housing facilities, at the time of employment, and repeat as frequently as deemed appropriate, and, in a timely manner, make the testing results of the testing public and provide them to local boards of health and to the farm employers and farmworkers;
• Conduct, or have other entities conduct, inspections of each worksite and facility, and employer records, to determine whether each farm employer is meeting all standards, and guidelines required by law or issued by the commissioner or other authority declaring the emergency, including that the farm employer: cooperates fully in permitting access to the worksites, facilities, and records for the inspections and educational activities; implements, and provides necessary supplies for, good hygiene and infection control practices; does not direct farmworkers to work when sick, and has exposed, infected or symptomatic farmworkers quarantined or separated as directed by public health officials; implements policies to promote social distancing at worksites and in farm employer-sponsored or farm employer-authorized housing, transportation, and dining facilities; and provides farmworkers with recommended personal protective equipment; and
• Collaborate with the Commissioners of Labor and Workforce Development, Community Affairs, and Environmental Protection, and the Secretary of Agriculture to develop a comprehensive program of publicity and education, including on-site training, to ensure that all farm employers and farmworkers are informed about their rights and responsibilities under the bill and other public health, environmental, or labor laws applicable to farm employment.

“The rapid spread in crowded farms and farm living quarters is inextricably tied to the lack of protocols that should be in place to protect farm employees,” said Verrelli (D-Mercer, Middlesex). “Without rigorous testing procedures and safe living conditions, outbreaks among farm employees will continue to be a major public health concern during these types of emergencies. This legislation supports the steps the Department of Health has already taken to help farmworkers during this pandemic.”

Upon enactment, the bill would be effective immediately. The measure, approved by the Assembly Labor Committee on Thursday, will now go to the Speaker for further consideration.