Yakima, WA — Seven orchard workers filed a lawsuit today in Yakima Superior Court against Jones Produce and Ag Air Flying Service alleging they were exposed to pesticides during a crop-dusting application of several restricted-use pesticides. The suit states that on August 27, 2014, Jones Produce hired Ag Air to crop dust its potato field near Mattawa, Washington, however, the pilot allowed the pesticides to drift off-target into a nearby orchard and poisoning the workers.
Safety labels on the pesticides warn applicators, “Do not apply this product in a way that will contact workers or other persons, either directly or through drift.” Shortly after the exposure, the workers suffered a variety of symptoms, including headaches, numbness and tingling in the face and lips, diarrhea, nausea and vomiting, dizziness, shortness of breath, and tightness in the chest. The suit seeks compensation for workers’ injuries from the spraying.
“The pesticide laws are very clear,” says Joe Morrison, a Columbia Legal Services attorney who represents the workers. “It is a violation to spray in a manner inconsistent with the label and the labels clearly state not to permit drift onto people. It’s unacceptable that hard-working families like these continue to be exposed to hazardous chemicals at work. A simple heads-up call to the neighboring orchard could have avoided this unnecessary human exposure by removing the workers from the area.”
Plaintiff Modesta Arista Gomez and her daughter Rocio Gomez allege there was no prior notice that pesticides would be sprayed that day. “When the plane was passing over us, we didn’t give it a lot of thought. We were working and doing our jobs. Then we started to smell something really awful. I’ve never smelled anything like it,” Ms. Arista stated. Ms. Arista alleges that shortly after the spray she began to feel ill, along with many other workers.
It is a violation of the law to apply pesticides contrary to warning labels. The safety label for Silencer, one of the chemicals sprayed in the case, clearly states: “WARNING: May be fatal if swallowed. Causes substantial but temporary eye injury. Harmful if absorbed through skin or inhaled. Avoid breathing vapor or mist.” The label for Oberon, which was also applied, states: “CAUTION: Harmful if swallowed, inhaled or absorbed through skin. Avoid contact with skin, eyes, or clothing. Avoid breathing spray mist.” That chemical also restricts entry into a treated area for a full 12 hours after application.
In May 2, 2016, an administrative law judge found that Ag Air violated Washington pesticide application laws, and levied a civil penalty of $440 and suspended pilot Leonard Beierle from spraying for 9 days. That decision inexplicably remains under review by the Washington State Department of Agriculture – over five months after the decision was rendered. Plaintiff Rocio Gomez believes that is a slap on the wrist. “There were almost 60 of us working there. The pilot could easily see us because the trees were small and our cars were parked along the edge of the orchard. We need stricter laws that put the safety of workers first.”
VIDEO: Columbia Legal Services is documenting the stories of Washington State families exposed to hazardous chemicals at work. Watch the above trailer, Poison Control: Protecting the Health of the People Who Feed Us, a short documentary featuring the personal stories of three farm workers, including the plaintiffs in this case, that will premiere on opening night of the Social Justice Film Festival.
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