Aug 9, 2021

L&I reaches $2M settlement with Central WA farm following worker deaths

The Washington State Department of Labor & Industries has reached a settlement with Gebbers Farms Operations LP following one of the largest workplace safety and health fines in state history.

Under the agreement, Gebbers Farms will spend more than $2 million improving housing, quality of life, safety, and access to health care for workers and their families.

Gebbers Farms was fined $2,038,200 and $13,200 after two inspections in 2020 found 24 egregious willful violations – 12 for unsafe sleeping arrangements in temporary worker housing and 12 for unsafe worker transportation during the coronavirus pandemic.

Two farmworkers died from coronavirus (COVID-19) while living and working on the farm. Gebbers was also cited for six other serious violations including not reporting a fatality.

The other investigation found the farm was not ensuring adequate social distancing by allowing workers to use both top and bottom bunks and there were no barriers in the kitchen/cooking areas.

“Real, on-the-ground improvements for farmworkers and their families are a fitting way to honor the memories of the Gebbers’ workers who died,” Washington State Department of Labor & Industries (L&I) Director Joel Sacks said in a news release. “This settlement means Gebbers Farms will invest more than $2 million in changes that will improve the housing, health, and safety of workers.”

Terms of the settlement

• Gebbers will make approximately $1.4 million in capital improvements to temporary worker housing, including:
  • Demolishing and rebuilding one of its older, temporary worker housing camps. The camp, originally built in the 1970s, has separate sleeping, cooking, and toilet facilities and consistently requires corrective actions to meet minimum licensing requirements. Three new units with all new amenities will be built in its place;
  • Building a cell tower so workers have reliable communication with family;
  • Upgrading electrical to support washing machines and dryers for workers;
  • Purchasing new mattresses for temporary worker housing;
  • Installing air conditioning units and making power upgrades;
  • Installing signs at housing sites so emergency responders can locate them; and,
  • Building and maintaining recreation areas including a soccer field, picnic tables, and benches.
• The company will donate $513,000 to improve access to health care for workers and their families. The money will go to area hospitals, health care centers, emergency medical services, day care and recreational centers serving the workers and their families.
• It will spend $150,000 to hire a full-time safety officer for three years who will:
  • Oversee and supervise worker safety and health, including training and supervising the current staff who develop, implement, and enforce Gebbers’ safety program.
  • Has authority to stop any activity deemed unsafe or in violation of the safety and health rules.

In exchange for these actions that exceed all existing state regulatory requirements, the fines resulting from the citations will be reduced to $10,000.

Gebbers Farms said in a news release it has posted copies of this agreement in common areas for employees to read.

“Gebbers Farms has always cared deeply about the wellbeing and safety of its workers,” said Cass Gebbers, CEO of Gebbers Farms. “Each year, Gebbers Farms makes improvements to its temporary housing facilities to enhance the safety and comfort of its workers. This mediation agreement will result in even more improvements, and it will benefit the community at large through the farm’s donations to community charities and non-profits.”

“Although we are pleased this issue is resolved, we have not forgotten the thousands who lost loved ones during this pandemic. Sadly, in 2020, Gebbers Farms also lost longtime team members and familiar faces to our family. These men, their families, and all Gebbers employees are part of the reason why we are gratified that the agreement includes our continued investment in our workers and our local communities,” added Gebbers.

Labor & Industries originally assessed a $2.06M fine for alleged violations in July 2020, despite Gebbers Farms having implemented COVID-response protocols that it developed in consultation with an infectious disease specialist.

A study by the Centers for Disease Control and Prevention showed that workers who lived in Gebbers-provided housing were three times less likely to contract COVID than workers who lived in the community, and the Gebbers workforce had a positive rate of only 0.7%.