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You are here: Home / Safety and Loss Control / Supervisors Fined in Death of Pregnant California Farm Worker

Supervisors Fined in Death of Pregnant California Farm Worker

April 25, 2011 By //  by Robert Elliott, J.D. Leave a Comment

A plea agreement has been reached, leading to small fines, probation and community service time for a pair of supervisors in California in the death of a teen worker who was pregnant.

According to www.Safetynewsalert.com, Maria Isavel Vasquez Jimenez, 17, was overcome by heat as she pruned grapes for nine hours in 100-degree heat in a California vineyard in 2008. At the time of her death, she was two months pregnant.

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Maria De Los Angeles Colunga, owner of Merced Farm Labor, pled guilty to a misdemeanor count of failing to provide shade. She must perform 40 hours of community service, serve three years probation and pay a $370 fine.
Her brother, Elias Armenta, the companys safety director, pled guilty to a felony count of failing to follow safety regulations that resulted in death. He must perform 480 hours of community service, serve five years probation and pay a $1,000 fine.
As part of the plea deal, both are banned from ever working again in farm labor contracting.

According to farm worker advocates, the pair should have been sentenced to jail time and that the plea agreements could undermine Californias first-in-the-nation law that requires shade and water for outdoor employees working in high heat.

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Prosecutor Lester Fleming said he agreed to the plea bargain due to the fact that trying the case would likely result in the same outcome. According to Fleming, it was hard to find witnesses because the majority of farm workers don’t speak English and many are in the country illegally.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
WORK COMP CALCULATOR: http://www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR: http://www.LowerWC.com/transitional-duty-cost-calculator.php
WC GROUP: http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

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Filed Under: Safety and Loss Control Tagged With: Medical Issues, Pregnant Women and Safety, Workplace Health and Safety, Workplace Injuries, Workplace Safety and Youth

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