Labor contractor fined following fatal van collision in 2019
Published 8:30 am Tuesday, April 27, 2021
SALEM — An Oregon labor contractor violated several federal laws in a 2019 van crash that killed three migrant farmworkers near Salem, an investigation by the U.S. Department of Labor has found.
JMG Labor Contractor, of Salem, employed the workers at Holiday Tree Farms in Corvallis.
On Nov. 30, 2019, a van carrying 16 workers was heading home from loading delivery trucks with Christmas trees at the farm. The van collided with a pickup truck at an intersection in Salem, killing three and sending eight others to the hospital with minor to critical injuries.
An article in the Oregonian/OregonLive identified the victims as Andres Alonzo-Canil, Miguel Alonzo-Lucas and Diego Lucas Felipe.
The Marion County Sheriff’s Office investigation determined the van’s driver had failed to obey a traffic light and yield the right-of-way. Federal investigators later learned the driver had a suspended license, lacked proper vehicle insurance and failed to register as an employee of the labor contractor.
As a result, JMG was found in violation of the Migrant and Seasonal Agricultural Worker Protection Act for failing to ensure the workers had safe transportation to and from work.
Carrie Aguilar, director of the Labor Department’s Wage and Hour Division in Portland, said the deaths were “tragic and devastating” for the workers and their families.
“Laws exist to try to prevent such terrible situations, and the trauma they inflict on an entire community,” Aguilar said in a statement. “We encourage all employers to review their operations and make certain they are complying with the law.”
The investigation also found that JMG had failed to maintain active registration as a farm labor contractor under the Migrant and Seasonal Agricultural Worker Protection Act.
A spokesman for the Labor Department said JMG’s registration had expired on Sept. 26, 2019, and wasn’t renewed until March 5 of this year.
JMG has already paid $32,500 in penalties for the violations, according to the Labor Department.
Reyna Lopez, executive director of Pineros y Campesinos Unidos del Noroeste, or PCUN, an advocacy group for Oregon farmworkers and Latinx families, said the victims were largely Guatemalan workers. “I think some of them were only here for the season,” she said.
PCUN members were able to raise approximately $12,000 to assist the victims’ families, Lopez said. She described the crash as a tragedy, and said it underscores the need for more proactive measures to ensure employers comply with the law.
“Just talking to everybody involved, including the contractor, it was very traumatizing,” Lopez said. “As a whole, we need to do better to make sure people are licensed and up to speed on their requirements.”
The biggest thing, Lopez said, is shifting to a culture of safety and compliance.
“We believe that when employers, contractors and workers have the tools to succeed, they can do better,” she said. “We really hope the lives of these workers and the devastating effects on the community aren’t in vain.”