Overview: Studies of issues affecting Washington farmworkers

Three studies mandated by Legislature

The 2022 supplemental budget directed the Joint Legislative Audit and Review Committee (JLARC) to conduct three studies to address the needs of farmworkers.

1. Conduct a performance audit of the Employment Security Department’s (ESD) administration of the H-2A Farmworker Visa program.
2. Evaluate how the Department of Health (DOH) administers laws intended to protect farmworkers from hazardous pesticide exposure.
   • JLARC staff also included the Departments of Labor and Industries (L&I) and Agriculture (WSDA) in the study due to their roles in protecting farmworkers from hazardous pesticide exposure.
3. Evaluate how L&I investigates and enforces laws about wages, hours, health and safety standards, and worker harassment, discrimination, or retaliation.

JLARC staff completed the first two studies in January 2024. The third will be issued in 2026.

Study: ESD Administration of the H-2A Temporary Farmworker Visa Program

The H-2A Temporary Farmworker Visa program is a federal program. ESD implements state-level activities in Washington.

Legislative Auditor's conclusion

ESD complies with most requirements and applies many best practices when administering the federal H-2A program. More work is needed to ensure effective coordination with other agencies, as required by state law.

Legislative Auditor made one recommendation

ESD should work with DOH, L&I, and WSDA to provide a plan for determining interagency coordination for field checks. A field check is a random, unannounced visit by ESD at a work site where a U.S. farmworker is hired to do the work on an H-2A job order. Coordination is required by state law.

Study: Pesticide safety programs to protect farmworkers

WSDA, L&I, and DOH conduct activities that are intended to prevent or reduce hazardous pesticide exposures or illness for farmworkers. Activities include licensing, training, inspecting work sites, investigating incidents of pesticide exposure, and collecting data.

Legislative Auditor's conclusion

Three agencies work to protect farmworkers from pesticide exposure. Setting common goals and sharing information will likely help them reduce harmful exposures.

Legislative Auditor made four recommendations

1. WSDA and L&I should create a formal agreement to share inspection information that will support inspection scheduling, avoid duplication, and maximize resources.
2. DOH should establish the medical education program required by state law.
3. DOH should begin the process of incorporating pesticide illness into its eCR (electronic case reporting) system.
4. WSDA, L&I, and DOH should define common outcomes for farmworker pesticide safety, develop plans to monitor, assess, and communicate their achievement of those outcomes, and leverage resources and information to improve prevention efforts and administer programs.