Sep 7, 2010
Labor housing in the Empire state

By Derrek Sigler, Assistant Editor

Like many fruit and vegetable farmers across the country, growers in New York state often have to rely on migrant workers to grow and harvest their crops. According to the New York State Department of Health, approximately 8,000 migrant farm workers annually assist farm owners in the cultivation, planting, harvesting and packaging of agricultural products throughout the state. Like growers in other states, New York growers struggle with the challenges of supplying adequate housing for those workers.

The first of those challenges is getting approval to house workers. Before growers can build or even maintain housing, they have to submit a request to their local township planning board with a complete site plan. The board will then schedule a public hearing. For some growers, this is enough of a roadblock.

“Even in the smallest townships and areas we consider ‘the boonies,’ there will be people who show up at these hearings and protest,” said Allison De Maree, a grower and area Extension coordinator for Cornell University. “If the neighbors don’t like the idea and protest, that can be enough to stop it right there.”

From there, if the grower gets approval, he or she must follow regulations from the state health and labor departments, the U.S. Department of Health and the Occupational Safety and Health Administration.

All housing, by law, has to be inspected annually. If the dwelling houses five or more occupants, it must be inspected by the New York State Department of Health. If the dwelling houses less than five occupants, the grower has to request an inspection from the New York State Department of Labor, De Maree said.

“(New York law) requires the inspection of approximately 380 migrant farm worker housing facilities throughout New York state and prescribes standards for living quarters that include lighting, air quality, fire safety and general building maintenance,” said Peter Constantakes, spokesperson for the state health department. “(The state sanitary code) is applicable to housing facilities occupied seasonally by five or more persons, one of whom is employed to perform farm activities. It provides standards for structural safety, emergency communication, water and sewage treatment and disposal, facilities for food preparation and service, fire safety, laundry and bathing facilities. These regulated facilities are required to receive both a pre-operational inspection prior to camp occupancy each year, as well as an inspection during the operating season.”

Loan programs are available to help growers pay for housing. New York has a program through the Farm Credit Office that provides growers with 10 years of interest-free financing. The Farm Service Agency (FSA) has a 30-year loan with a 1-percent interest rate. That loan is not quite as popular with farmers, because FSA requires that the grower put the farm up as collateral, De Maree said.

One of the biggest challenges has been water. By law, all housing has to have hot and cold running water. If there is an existing water supply to tap into, the problems are greatly reduced. If, however, the grower has to drill a well, the problems increase, De Maree said.

“Drilling companies often have to submit samples for nearly every foot of the well as it is drilled,” she said. “Depending on where the well is located, if the drilling goes down too far, it can hit salt and the well is ruined. On top of that, regulations exist that require well water to be tested throughout the season. Growers also have to install expensive purification systems.”

De Maree speaks from experience. She and her husband house 30 migrant workers on their farms in Wayne County, N.Y. They were granted an FSA loan to refurbish an older building. They also took advantage of a state-funded program to purchase a doublewide mobile home for increased housing. They continue to upgrade their housing each season. They recently installed new antennas to allow their workers access to digital television.

While Constantakes sees things as improving, there are still challenges to completing a proper inspection program to ensure everyone is in full compliance. Field inspectors frequently encounter challenges that are unique to migrant-occupied facilities, he said.

These challenges include language barriers between inspectors and camp occupants and the unwillingness of occupants to substantiate complaints for fear of being fired or deported. The inspector has to be prepared to address these barriers in order to complete a successful inspection, he said.
De Maree sees these challenges and more. She said many vegetable growers have switched to row crops because they cannot remain competitive under all of the regulations.

“If the government cracks down much more, then I don’t know what we’ll do,” she said.

Even getting qualified workers has been a challenge. Recent U.S. Immigration and Customs Enforcement crackdowns have made some workers wary of coming to New York. De Maree also said the H-2A program has become dicey. If growers follow the rules to the letter, there can be trouble getting the kind of workers they want. Less qualified workers come in and either don’t do the job correctly or end up needing to be replaced mid-season, which is never an easy thing to do, she said.

Constantakes has a positive outlook for the future of migrant housing in New York, despite the challenges. Thanks to a comprehensive inspection program coupled with low-interest loan programs, the situation has improved significantly, he said.




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