Inspection Detail

Inspection: 300813714 - Talley Farms

Inspection Information - Office: Labor Enforcement Task Force (Letf) Unit - South

Investigation Summary

At approximately 2:45 p.m. on August 26, 2002, Employee #1, a seasonal worker, was at Giesler Farm Number G with approximately 20 coworkers, harvesting bell peppers. The crew was collecting the peppers in containers, and then emptying them into a Highland Harvesting harvester, equipment Number TR-43. The harvester was self-propelled, with a conveyer belt that carried the collected peppers to bins that were towed behind an agricultural tractor. The harvester straddled approximately 12 rows of crops and traveled in conjunction with the tractor. When traveling, the four wheels of the harvester were turned at a 90-degree angle and perpendicular to the conveyor, with the crew following as they collected the peppers. The workers had completed a set of rows and the harvester was brought out of the field and onto a dirt roadway toward the next field. While in transit, its four wheels were turned parallel with the conveyor. Employee #1 approached the harvester to get a drink of water from a container at the midpoint of the side of the machine when the harvester ran over his left leg, fracturing it. The harvester operator later stated that Employee #1 had finished his water and was returning to the field. The driver said he saw Employee #1 get his drink and walk away from the harvester, at which point he turned his attention to the 20 coworkers who were further down his path of travel. The operator stated that he then saw Employee #1 suddenly fall or slip backward into the path of the wheel below him. Employee #1 reported that he did not slip, but that the harvester began moving toward him and struck him after he had finished his water and was returning to work. A coworker who saw the accident stated that Employee #1 was drinking water and was attempting to get out of the way when the machine began to move and struck him. Employee #1 was hospitalized and treated for leg fracture.

Keywords: MIGRANT FARM WORKER, AGRICULTURE, FARM MACHINERY, SLIP, FALL, RUN OVER, COMMUNICATION, LEG