Reduced Penalty by 98% for North Carolina Farm in Worker's Heat-Related Fatal Incident

The race for North Carolina's Labor Commissioner in 2023 was marked by intense discussions about worker safety, federal labor laws, and the tragic death of José Arturo Gonzalez Mendoza.

Mendoza, a Mexican migrant worker on a temporary agriculture visa, lost his life on Sept. 5, 2023, while harvesting sweet potatoes in 94-degree heat. The North Carolina Department of Labor launched an investigation following his death and found "willful" and "serious" violations of worker safety rules by Barnes Farming. As a result, the department issued an $187,500 fine against the farming company.

The death of Mendoza and the citation against Barnes Farming became central issues in the race for North Carolina's Labor Commissioner. Candidates debated the need for improved worker safety rules, particularly in the agriculture sector, and the importance of enforcing federal labor laws. The tragic incident highlighted the need for stricter regulations to protect migrant workers on temporary agriculture visas.

However, the settlement reached by North Carolina authorities was significantly lower than the initial fine. Barnes Farming is required to pay $3,750, which is approximately 2 percent of the original fine. The agreement eliminates the most significant violations, but critics argue that it does not adequately address the systemic issues that led to Mendoza's death.

Interestingly, a similar agreement was made by California's Division of Occupational Safety and Health (Cal/OSHA) with a company that faced similar circumstances. The settlement nearly completely suspends comprehensive penalties for workplace accidents.

The 2023 race for North Carolina's Labor Commissioner brought much-needed attention to the need for improved worker safety rules in agriculture. The election underscored the responsibility of the Labor Commissioner to oversee workplace safety and enforce federal labor laws, ensuring a safer environment for all workers in the state.