SALEM — An Oregon nursery and labor contractor were fined a total of $6,300 by the state Occupational Safety and Health Administration following an investigation into the death of a 39-year-old farmworker last June. 

Sebastian Francisco-Perez died of hyperthermia and dehydration at Ernst Nursery & Farms in St. Paul while working on an irrigation crew as temperatures rose to 104 degrees. 

Oregon OSHA cited the nursery for not training employees about how to keep themselves safe in extreme heat, and for failing to provide “all health hazard controls necessary to protect the employees’ health from harmful or hazardous conditions.” 

Ernst was fined $2,100 for each violation, totaling $4,200. The nursery is appealing both fines.

Owner Bruce Ernst did not immediately return a message for comment.

OSHA also fined Brother Farm Labor Contractor, based in Woodburn, $2,100 for failing to train workers about heat-related hazards before Francisco-Perez’s death. Ernst contracts with Brother Farm for its field laborers.

According to the agency’s investigation, Francisco-Perez, a Guatemalan migrant worker, was part of a crew tasked with moving and setting up irrigation pipes. The crew began work at about 5 a.m. June 26, with their first break at 10 a.m. and lunch at noon.

Members of the crew reported Francisco-Perez was present during the first break and lunch, and appeared to be healthy with no complaints of feeling ill. After lunch, the workers returned to the field and Francisco-Perez was last seen at 2 p.m.

About an hour later, Francisco-Perez did not arrive for the crew’s afternoon break. They walked a quarter-mile to the northeast area of the field where Francisco-Perez had been, finding him face down and unresponsive.

The workers called their crew lead and 911. Emergency responders arrived within 15 minutes, but it was too late. 

The investigation determined Ernst maintained direction and control of the crew. Brother Farm did not have any direct management representatives on site. 

Ernst did provide workers with 5-gallon water jugs that could be filled by a tap located near the nursery’s main office. Ice was not provided. 

Workers interviewed said cool water was available, and in addition to their assigned breaks and lunch period, individuals were allowed to take extra breaks if needed. Crews are paid hourly. They also said shade trees were within a half-mile walk of where they were working.

With a high temperature of 104 degrees and 22% humidity the day of Francisco-Perez’s death, conditions were classified as “extreme caution/danger zone” for workers, per the National Oceanic and Atmospheric Administration’s Heat Index Chart.

The National Institute for Occupational Safety and Health, along with the Centers for Disease Control and Prevention, recommend acclimating workers to such extreme heat, gradually increasing their exposure over a 7-14-day period.

While Ernst did provide documents in English and Spanish detailing the hazards of heat exposure — such as posters in the employee break room — nursery controller Kim Stone told investigators heat-related training was not conducted with the crew Francisco-Perez was working with.

Stone testified the nursery “did not see it as their responsibility to provide the information to contract laborers.” 

An appeal filed by Ernst is pending, said Aaron Corvin, Oregon OSHA spokemsan. Corvin said Brother Farm has not filed an appeal.

In response to Francisco-Perez’s death, Oregon OSHA implemented emergency heat rules for outdoor workers last July. Employers are required to provide sufficient shade and drinking water whenever the heat index exceeds 80 degrees Fahrenheit, and regular rest periods when the heat index exceeds 90 degrees.

The agency is now working to adopt permanent rules regulating heat exposure for outdoor workers.