Pesticide Exposure in California Agriculture: Symptoms, Risks & Legal Protections for Farm Workers

Agriculture is big business here in California, and those who work in this industry face numerous risks, the least of which comes from pesticides. The United States uses billions of pounds of pesticides each year, and keeping workers safe can be a challenge.

If you work in the state’s agriculture industry, you may spend a significant portion of your workday performing various duties in areas treated with these chemicals, including when harvesting crops. The Environmental Protection Agency did revise worker protection standards in 2015, but even if your employer follows them, it doesn’t guarantee your safety.

Understanding Pesticides: What They Are and How They Affect You

Pesticides include a wide range of substances such as herbicides (used to kill weeds), insecticides (targeting insects), fungicides (against fungi), and rodenticides (for rodent control). Common chemical compounds include glyphosate, chlorpyrifos, atrazine, and paraquat. These are often used in industrial farming to maximize crop yield, but they come with high human toxicity, especially when workers are regularly exposed without adequate safeguards.

The toxicity of a pesticide is measured through attributes like:

• Volatility (how easily it turns into gas),
• Half-life (how long it stays active),
• Dermal absorption rate (how much is absorbed through the skin),
• and inhalation exposure limits (how much can be safely breathed in).

Unfortunately, many agricultural workers are never informed about which specific chemicals they’re being exposed to or the short-term and long-term health consequences.

The Dangers: How Pesticides Impact Agricultural Workers

Other than physical contact with pesticides as you harvest crops, if you are involved in their application, remain aware of the following dangers:

• Pesticides can become airborne and drift around your work area.
• You may discover that protective equipment is inadequate, missing, or defective.
• The liquids could splash onto you during preparation or application.
• Any pesticide spills could create fumes or come into contact with your skin.

You should also know that you could expose your family members to pesticides if you don’t take the appropriate precautions. If possible, you should shower, change clothes, and either clean your tools or leave them somewhere your family cannot get to them. Not only could they suffer exposure through physical contact, but the vapors could drift off you, and your family could inhale them.

Long-Term Health Effects of Chronic Exposure

Short-term exposure may result in headaches, nausea, dizziness, or skin rashes. But more dangerously, chronic exposure can have devastating consequences:

• Neurological Disorders: Long-term contact with pesticides like organophosphates can lead to memory loss, depression, and even conditions like Parkinson’s disease.
• Reproductive Issues: Studies show an increased risk of infertility, miscarriages, and birth defects.
• Cancer: Multiple studies, including those from the International Agency for Research on Cancer (IARC), link glyphosate and other chemicals to non-Hodgkin lymphoma and other cancers.
• Respiratory Disorders: Continuous inhalation can damage lung tissue, leading to conditions like asthma or COPD.

Your Employer’s Legal Obligations Under California Law

Federal and State Regulations

Employers are mandated to protect workers under the EPA’s Worker Protection Standard (WPS), California Code of Regulations (CCR) Title 3, and Cal/OSHA guidelines. The most critical requirements include:

• Advanced Notification: Employers must inform workers about upcoming or recent pesticide applications, posting clear signs in affected zones.
• Restricted Entry Intervals (REIs): No worker may enter a treated field until the designated safety period has passed and reentry is deemed safe.
• Safety Training: Annual, language-appropriate pesticide safety training is required, covering all hazards, symptoms, and emergency actions.
• Personal Protective Equipment (PPE): Employers must provide gloves, coveralls, goggles, and respirators based on the chemical used.
• Decontamination Supplies: Soap, clean water, and towels must be available within a quarter mile of the work area.
• Medical Access: If exposure occurs, employers are required to provide immediate medical assistance and facilitate documentation of the incident.

Failure to meet these standards may constitute gross negligence, and you may be eligible for legal action or workers’ compensation.

The Precautions: What You and Your Employer Should Do

Your employer should take certain precautions to limit or eliminate your exposure to pesticides, such as the following:

• Your employer should tell you when and where pesticide applications are taking or took place.
• You should receive pesticide safety training.
• Your employer should not let you enter areas where pesticide application is taking place until someone assesses whether it is safe to go back into those areas.
• Your employer should provide you with a decontamination area that includes soap, clean water, and towels.
• Your employer should provide the proper protective equipment for your use during application and for entering areas not yet deemed safe afterward.
• If something does go wrong, your employer should have a plan to expedite your receipt of medical intervention if you need it.

What If You’re Undocumented? You Still Have Rights

Whether or not you have legal immigration status, California law protects all workers. Undocumented individuals can still:

• File a workers’ compensation claim.
• Access emergency medical treatment.
• Seek compensation for lost wages and disability.
• Remain protected from retaliation or threats of deportation by their employer.

At Hussain & Gutierrez, we understand how sensitive your situation might be. You do not need to fear losing your job or facing legal trouble for standing up for your health and safety.

Legal Steps to Take If You Suspect Pesticide Exposure

1. Seek Immediate Medical Evaluation – Especially if symptoms are visible or recurring.
2. Notify Your Supervisor – Document the date, time, and response.
3. Request Exposure Records – Your employer must disclose which pesticides were used and when.
4. Document Everything – Photos of signs, clothing, PPE, and your physical condition.
5. Contact a Workers’ Comp Attorney – especially if you are denied medical treatment, compensation, or feel threatened.

Frequently Asked Questions (FAQs)

Can I file a claim if my employer didn’t warn me about pesticide use?

Yes. Lack of notice is a direct violation of state and federal law and strengthens your claim.

How do I prove I’ve been exposed to pesticides?

Medical tests (blood or urine), symptom tracking, and employment records (schedules, job duties) are often used.

Is there a time limit to file?

Yes. Typically, one year from the date of exposure or from when symptoms became noticeable. However, legal exceptions may apply in ongoing exposure cases.

Can I sue for additional damages?

In some cases, such as deliberate harm or illegal cover-ups, you may sue beyond workers’ comp, especially under California Labor Code S3706.

Contact Hussain & Gutierrez: Protect Your Health and Your Future

Every day you delay action could increase your health risks and reduce your legal options.

At Hussain & Gutierrez, we specialize in workers’ compensation and personal injury law with a focus on agricultural and industrial injury cases. Whether you’re a citizen or undocumented, our team fights for your right to work in a safe environment and to receive the compensation you deserve.

Call us now at 818-997-3701

Visit hussaingutierrezlaw.com

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