New Mexico Chile Task Force

Labor

Chile Task Force Coordinates Farm Labor Seminar On March 4, 2004, regional farmers and labor contractors had the opportunity to step into the shoes of a U.S. Department of Labor inspector as he inspected a fictional farm in Southern New Mexico. The exercise was part of an Agricultural Employers' Seminar, coordinated by the New Mexico Chile Task Force, to help growers, packing shed operators and labor contractors better understand regulations that govern their businesses -- from soliciting farm workers to providing water and sanitary facilities to keeping accurate records. Employers were able to ask questions about situations that they encounter on the job and how labor regulations apply. For example:

Q: "Can my wife help me solicit farm workers?"
A: Your wife must be registered with the U.S. Department of Labor. Farm labor contractors must have their registration card available for inspection upon request from a representative of the U.S. Department of Labor and/or anyone with whom they intend to conduct business.

Q: "Can I hire a family with 10- and 12-year-old children?"
A: Children 12- and 13-years-old may work with their parents' written permission when school is not is session. Fourteen- and 15-year-olds may be employed without parental consent, when school is not in session. You may not employ anyone younger than 12 as an agricultural worker unless they will be working on an exempt farm. To find out if the farm is exempt, contractors should contact the Department of Labor.

Q: I often have 50 workers in a field. I provide two portable toilets for these workers. Do I also need to provide handwashing facilities?
A: You must provide one toilet for each 20 workers – so for 50 workers, you must provide three toilets. You also must provide one handwashing facility with single-use towels and potable water for every 20 workers. Facilities must be in close proximity to toilets.

During the day-long seminar, participants also had the opportunity to update their knowledge of social security and payroll tax requirements, new hire regulations, Homeland Security and health/safety information. To provide up-to-date, accurate information, representatives were present from the Occupational Safety and Health Administration (OSHA); N.M. Department of Agriculture, Pesticide Bureau; La Clinica; N.M. Mandated New Hire Directory; Texas Migrant Council; N.M. Taxation and Revenue Department; U.S. Internal Revenue Service; U.S. Social Security Administration; the Department of Homeland Security (formerly the Immigration and Naturalization Service) and New Mexico Environment Department. At the end of the seminar, there was a round-table discussion to address concerns of those who employ workers in packing shed or other processing operations.

The Agricultural Employers' Workshop was sponsored by New Mexico State University, the N.M. Chile Commission, the N.M. Onion Commission, the N.M. Departments of Agriculture and Labor, and the Southern Area Health Education Center.It was part of the Chile Task Force's ongoing effort to increase profitability of the chile industry by improving farm labor employers' management practices. The workshop's goals included reducing the number of fines received by contractors and growers for labor regulation violations and minimizing the adverse publicity associated with labor law violations. More than 800 labor contractors and growers and processors of chile, onions and pecans were invited to this event.

Richard Phillips, task force manager, noted, "Every year contractors and growers are subject to fines and lost productivity when regulations are misunderstood or overlooked. By providing the opportunity for contractors and representatives from regulatory agencies to communicate at the beginning of the growing season, we hope to avoid many of the problems that have occurred in the past. Our goal in coordinating this workshop was to enhance the efficiency and profitability of agriculture in southern New Mexico, while ensuring a safe environment for agricultural workers."

For more information, see Farm Labor Employers' Handbook, Chile Task Force Report 7, The Farm Labor Employer's Checklist (PDF), and Lista del Empresario Agricola (PDF)