T OBACCO ’ S H IDDEN C HILDREN 134

T OBACCO ’ S H IDDEN C HILDREN 134

 Establishing a scholarship fund to provide young farmworkers with economic support to pursue higher education. The scholarship application should account for the unique circumstances of farmworker children’s educational paths.

 Investing in rural health infrastructure to ensure tobacco workers and their children have access to health services.  Collaborating with land-grant universities and extension services to enhance agricultural education in tobacco-growing communities, and to provide farmworker families with access to land for small-scale agricultural enterprise.

Regarding Labor Rights

• Adopt or revise comprehensive agricultural labor policies to protect the health,

safety, and human rights of workers employed on tobacco farms, regardless of the size of the farm and ensure rigorous monitoring of the implementation of those policies. Policies should include, at a minimum, the following provisions:

 Signed, enforceable employment contracts with all workers in a language that the worker understands.

A guarantee of no less than the federal minimum hourly wage for all workers. 

A prohibition on tobacco suppliers procuring labor from unregistered farm labor contractors or subcontractors. A requirement that tobacco suppliers closely monitor farm labor contractors to ensure that they do not violate workers’ rights.

A prohibition on tobacco suppliers providing lump sum payments to farm labor contractors or subcontractors for workers’ wage, and a requirement that growers provide wages directly to workers.

 Limits on working hours for workers; a guarantee of at least one day off per week.

 Provision of potable water in sufficient quantities for all workers every day.  Provision of adequate sanitary facilities, including toilets and handwashing

facilities, to all workers.  Provision of appropriate personal protective equipment including gloves

and rain suits to limit exposure to nicotine and pesticides.

135 H UMAN R IGHTS W ATCH | M AY 2014

 Strict enforcement of safety procedures for use and handling of all toxic substances, such as pesticides, including the provision of protective clothing and strict observance of restricted entry intervals determined by the US Environmental Protection Agency.

 Strict prohibition on spraying of pesticides from tractors in fields where workers are present or in fields adjacent to where workers are located and at risk of exposure to pesticides via drift.

 Education for workers on health and safety hazards in tobacco farming, including nicotine poisoning, in a language that workers understand. Such education should be mandatory for every worker and not carried out at the discretion of the grower.

 Guarantees of the rights to freedom of association and to collectively bargain for all workers employed by tobacco leaf suppliers.

 Establishment of a meaningful and effective complaint mechanism whereby workers are able to submit complaints about any concerns about labor or other violations without fear of repercussions for doing so. Every worker should be informed about the availability of the complaint mechanism and the means for submitting complaints. Establishment of a complaint mechanism should not be seen as a replacement to guaranteeing the right of workers to collectively bargain.

• Provide training to agronomists, suppliers, growers, workers, and others on policies to protect the health, safety, and human rights of workers. Utilize outside experts to conduct these trainings where appropriate.

• Ensure qualified, experienced, internal and independent third-party monitoring of implementation of all of the above-stated agricultural labor policies. Make the results of third-party monitoring public.

• Ensure that workers are able to submit complaints and speak with monitors, including third party monitors, without fear of repercussions from the manufacturing company, its subsidiaries or suppliers.

• Immediately investigate in a fair and transparent manner all reports of abuse reported by monitors, agronomists, third parties, workers, or others.