Kentucky tobacco farm fined after SPLC files safety complaint on behalf of guest workers and U.S. workers

A Kentucky tobacco farm has been fined $3,500 for serious worker health and safety violations following an SPLC complaint that the company failed to protect employees hanging tobacco at heights as high as 30 feet.

The Kentucky Occupational Safety and Health Program (OSH) levied the fine on RCB Farms, which forced workers to climb rotting barn rafters as a routine part of their job without protections such as railings, safety harnesses or ladders. On at least one occasion a rafter broke while a worker was standing on it, almost sending a worker plummeting to the ground. The OSH office recently ordered RCB Farms to address the unsafe working conditions by April 14 or face more fines. 

“We are delighted that OSH is holding RCB Farms accountable for endangering workers’ lives,” said Meredith Stewart, SPLC staff attorney. “We are glad OSH took this complaint seriously and fined RCB. But the conditions forced upon these workers are not unique. Too often, farmworkers don’t have the safety equipment they need on the job. The agriculture industry should heed this warning and keep its workers safe by providing them with the necessary protections.”

The Kentucky tobacco industry is a multimillion-dollar industry that relies heavily on the H-2A federal guest worker program to meet its employment demands. Both U.S. and foreign guest workers in Kentucky harvest burley tobacco, which must be hung to dry – or cure – properly.

After the tobacco is cured, workers must again climb to dangerous heights to retrieve the dried leaves. The floors of the barns where the tobacco is cured are often covered in rusty, dangerous farm equipment, adding to the unsafe working conditions. The U.S. Occupational Safety and Health Administration’s regulations provide only limited fall protections for agricultural workers who work at elevated heights.

Regino Soriano-Altamirano came to this country on an H-2A visa from Mexico to earn money to provide for his family. He refused to risk his safety after nearly falling 10 feet when a rotten rafter broke beneath his feet. RCB Farms fired Regino shortly after he refused to perform the dangerous work.

“After nearly falling, I was really scared about working on unstable rafters since I knew how dangerous it was,” said Soriano-Altamirano. “I believe I was threatened and terminated because I refused to risk my life anymore for that job. Workers shouldn’t have to decide between their safety and the paycheck they use to support their families.”

The SPLC filed an official complaint with OSH on Dec. 10. The SPLC also filed a retaliation complaint with Kentucky’s OSH Discrimination office on Jan. 22 and it is still pending.

According to the OSH citation, RCB Farms violated the Kentucky Occupational Safety and Health Statute when it failed to provide railings for workers hanging tobacco on beams from elevations between 10 to 30 feet. This failure subjected the workers to risk of serious bodily injury from falls.

The fine for this violation is consistent with those levied for similar serious violations or those where there is a substantial probability that death or serious physical harm could result. The maximum fine OSH is allowed to issue for a “serious” and “willful” violation – even one resulting in the death of a worker – is $7,000.

The SPLC also filed a complaint against RCB Farms with the U.S. Department of Labor’s Wage and Hour Office. The complaint stated that workers were not paid the required hourly wage to foreign guest workers. The department oversees the H-2A program and establishes the minimum wage rate, known as the Adverse Effect Wage Rate, for pay for H-2A federal guest workers in each state. The department’s investigation is ongoing.