Bill to support New Jersey agriculture sector draws some concern over enforcement provisions

Members of New Jersey’s agriculture community said they supported a bill that would allot $5 million in federal funds to cover the costs of personal protective equipment, but some said they opposed a bill that would require screening of asymptomatic workers for COVID-19.

The Farm Worker Epidemic Health and Safety Act, approved by the Senate Economic Growth Committee, would classify farmworkers as essential employees. Employers would have to test farmworkers for COVID-19 and provide PPE. The Department of Health would inspect worksites to evaluate the farms and other facilities for compliance.

“We agree with the emphasis on elevating the importance of the farmworker community and have no objection to the compliance with the New Jersey Department of Health’s guidance for farmworkers,” said Ed Wengryn, a research associate with the New Jersey Farm Bureau. “We disagree, however, with the heavy enforcement mandate in the legislation.”

The law would give some organizations used by the Department of Health to provide education and testing access to payroll, Social Security and I-9 documents, Wengryn said.

“This information goes beyond the scope of health care and farmworker education which is the focus of their mission,” Wengryn said. “It also grants them authority to do other inspections on the farm.”

The bill was supported by the CATA, the Farmworkers Support Committee. Spokeswoman Jessica Culley said less than half of the 10,000 migrant farmworkers in the state have been tested for COVID-19. The number of positive tests is higher than the general population, she said.

“The large majority of the workers who have tested positive were asymptomatic, so they were unlikely to seek out a test on their own given the lack of symptoms,” Culley said in her testimony. “But nonetheless, they can pass on the illness to their co-workers, their family and even their employers.”

The bill is needed to make sure farms are following safety guidelines, said Sen. Teresa Ruiz, D-Essex, who co-sponsored the bill with Sen. Nilsa Cruz-Perez, D-Camden/Gloucester.

“We understand implementing these safety protections has a cost associated with it, which is why we are moving a companion bill appropriating $5 million to help pay for sanitation stations, personal protective equipment and other required improvements,” Ruiz said. “This is not only about the health and well-being of farm owners and their employees but also the entirety of our state’s fresh food chain which we all rely on.”

The $5 million will come from the federal Coronavirus Aid, Relief and Economic Security Act and will be distributed by the Department of Health.

The bills passed the committee 4-0 and go to the full Senate for approval.

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