Agricultural interests are trying to steer California regulators away from treating bird flu like the next COVID-19 pandemic when it comes to farmworker protections. Labor representatives, meanwhile, want farms to provide hazard pay and create worker access to vaccinations.
Dairy producers have long worked with regulators to keep employees safe during the novel outbreak, according to Bryan Little, senior director of policy advocacy at the California Farm Bureau.
During a recent Cal/OSHA hearing, Little said he personally witnessed the widespread use of respirators and other personal protective equipment by his members’ employees. He also emphasized CAFB and other farm groups’ roles in co-leading biosecurity workshops with the state’s regulatory leads, including Cal/OSHA Consultation Services.
“I can tell you, the dairy farmers take their responsibility to protect their employees very seriously,” said Little.
He was objecting to conclusions made in a study presented before Cal/OSHA from the University of California, Merced Community and Labor Center. Led by associate research professor Jennifer Cossyleon, the study found that of the 31 dairy workers interviewed, only two said they were given adequate education and resources to protect themselves against bird flu.
The study recruited dairy workers through Valley Voices, a worker-rights nonprofit based in Kings County. The organization is petitioning for amendments to the Cal/OSHA Zoonotic aerosol transmissible pathogens standard, which dictates compliance items for farm operators during infectious disease outbreaks.
The researchers also claim dairies are more focused on productivity than worker safety, with multiple workers saying they were forced to take lunch breaks in close quarters with infected cattle and others saying they faced retaliation for staying home due to flu-like symptoms.
Using the UC Merced findings, Valley Voices developed a list of policy recommendations that would require employers to incorporate supplemental employee paid leave, mandate diagnostic reporting to Cal/OSHA and the California Department of Public Health, and make vaccines available for employees.
At the Cal/OSHA hearing, Deputy Chief of Health Eric Berg referred to a CDC study from this month that analyzed human bird flu infections and use of PPE.
Using CDPH data, CDC monitored 5,000 workers at infected dairies and poultry farms. Of 171 workers who were tested, 38 were found positive for bird flu in California. None of the positive workers wore respiratory protection and only about half wore eye protection.
Berg noted that the ATP standard requires respiratory protection “at all times when working around or with sick animals.”
Cal/OSHA Board Chair Joseph Alioto asked if any state dairy employers have been fined or cited for violating the ATP standard in relation to bird flu.
Cal/OSHA has yet to receive retaliation complaints
Ali Merchant, a Cal/OSHA senior safety engineer, confirmed that only one citation was issued under the specific rule. But he added that other citations over a lack of respiratory protections and sanitation have gone out, and these likely relate to bird flu protocol.
He noted that any farmworkers concerned about retaliation can call a local district office and report labor violations anonymously, but said Cal/OSHA has yet to receive any such complaints.
Michael Miiller, California Association of Winegrape Growers director of government affairs, warned the board against making additional compliance standards for employers without substantial data.
Michael Miller (Agri-Pulse photo)Alioto said he hopes more farmworkers will feel empowered to make anonymous complaints without fear of retaliation.
“I think that this is going to come down to physical inspections on-site to ensure compliance with the regulations,” he said.
But the Centers for Disease Control has confirmed that no commercially available vaccine has been launched to date. And earlier this month, federal, state and local agencies had the chance to explain the statewide H5N1 response effort before a joint hearing with the Senate Health and Agriculture committees.
Dr. Erica Pan, the newly appointed director and state public health officer at the California Department of Public Health, said the collaborative “one health” approach between CDPH, California Department of Food and Agriculture, U.S. Department of Agriculture and local agencies started in 2022 with the initial H5N1 outbreak in poultry –– and she thinks it should continue going forward.
“We can all be proud that, to date, we still have no reported human infections in poultry workers,” said Pan.
CDFA Secretary Karen Ross said Gov. Gavin Newsom’s state of emergency proclamation in December allowed for further coordination between state agencies and created dedicated bird flu response staff.
Karen Ross (Agri-Pulse photo) Ross acknowledged that CDFA’s close relationship with Cal/OSHA helped maintain a public health component across the department’s response efforts.
Pan praised Ross for her quick coordination between state and federal agencies, saying CDFA helped multiple agencies contribute to a planning workshop in August prior to any human infections. They were able to distribute roughly 4.6 million PPE items across 18 counties, with help from local health agencies and industry.
She added that COVID-19 protocol informed the current wastewater surveillance strategy employed in the state’s bird flu response, calling it a “complementary tool” paired with testing. Wastewater surveillance, she said, shows an overall decrease in H5N1 levels over the last few months.
“So thankfully, we do see here in California, the flu outbreak is slowing down, fewer new detections. … We are continuing to watch and monitor these other different animals that seem to be infected,” said Pan.
Dairy industry: Evidence gap leaves producers confused
Edward Flores, faculty director at the UC Merced Labor Center, also testified before the committees and referred to the center’s policy recommendations calling for stricter employer compliance with labor laws. He argued that the number of farmworkers tested nationwide does not sync with the total number of infected dairies.
“We're not really grappling with the right questions,” he said.
But the dairy industry again pushed against this assertion, with California Dairies Inc. field representative Doreen Dyt testifying that a lack of research explaining the cause of transmission left many producers confused over how to accurately pinpoint on- and off-farm vulnerabilities.
She agreed that state distribution of free protective equipment through CDPH and local public health departments was an instantly effective measure, noting that her father requested PPE and received a bulk shipment from CDPH the next day.
Sen. Monique Limón, D-Santa Barbara, asked Flores and Karen Elliott, Tulare County Health and Human Services Agency’s public health director, whether use of PPE was hindered by access or if it merely came down to on-farm use and education.
Elliott explained that Tulare County’s access to state partners and the state of emergency investments in resources have allowed for widespread testing and dispensing of PPE.
Since the initial outbreak, her team has distributed PPE to every dairy across the county. Elliot attributes their early success to additional coordination with Tulare County’s agricultural commissioner, Tulare County Farm Bureau and dairy inspectors to gain industry trust. They also created a joint information communications team with five surrounding counties to cooperate if the virus crossed county lines.
“I really do feel it has been a team effort,” she said, adding that the use of state health technology systems — such as CalConnect, CalREDIE and CalVax — were already in place and eased the county’s burden.
But Flores returned to the idea that production is still being prioritized over safety, saying that workers are expected to care for sick animals regardless of the resources their employer provides. He said there should be greater transparency about what H5N1 reporting looks like between dairies and CDPH.
Cal/OSHA has the next six months to assess the Valley Voices petition, after which board staff can make recommendations and proceed with rulemaking if deemed necessary.
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