A federal workplace safety investigation has determined that a Florida labor contractor could have prevented the fatal illness of a 41-year-old worker who collapsed while harvesting oranges at Alico Farms in December 2023. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) found that Guerrero Ag LLC failed to take necessary steps to protect employees from high temperatures, which reached approximately 92 degrees on the day of the incident.
According to OSHA inspectors, the worker exhibited symptoms consistent with heat stroke before becoming unresponsive and collapsing. He died three days later in intensive care. OSHA cited Guerrero Ag for two serious violations related to high ambient heat exposure over three separate days and for not providing first-aid training in an area lacking medical facilities. Additionally, the Arcadia-based contractor was cited for failing to report the hospitalization within 24 hours and the subsequent fatality within eight hours as required by law. Guerrero Ag LLC faces $30,651 in proposed penalties.
“Had Guerrero Ag developed and implemented an effective heat illness prevention plan, this worker’s life could have been saved,” stated OSHA Area Office Director Danelle Jindra in Tampa, Florida. “Employers must take action to protect employees from workplace hazards, including heat hazards both outdoors and indoors, to prevent another tragic and preventable death.”
The company has 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission.
In September 2021, enhanced measures were announced by the Department of Labor to protect workers from extreme heat hazards. OSHA has since developed a potential standard for workplaces across various industries to prevent heat-related illnesses and injuries. In April 2023, OSHA presented a draft rule's initial regulatory framework to the Advisory Committee on Construction Safety and Health, which recommended swift action on a Notice of Proposed Rulemaking.
On June 11, 2024, OSHA submitted its draft standard on heat injury and illness prevention for review by the Office of Management and Budget’s Office of Information and Regulatory Affairs.
OSHA continues proactive enforcement under its National Emphasis Program – Outdoor and Indoor Heat-Related Hazards—conducting nearly 5,000 federal inspections since its launch in 2022—and directs significant resources toward educating employers about compliance with occupational safety regulations.
“Federal law requires employers to protect workers from the dangers of heat exposure,” added Jindra. “At a minimum, employers should provide adequate cool water, rest breaks, shade or cool rest areas.” Jindra emphasized that new or returning employees should acclimatize gradually to high temperatures while receiving proper training.
Furthermore, OSHA will prioritize inspections in agricultural industries employing temporary H-2A workers due to their unique vulnerabilities such as language barriers and lack of acclimatization.
OSHA’s Heat Illness Prevention campaign aims to educate employers and workers about recognizing and mitigating workplace heat hazards.
Learn more about OSHA.
