In 2019, legislation was introduced implying farmers and ranchers in our state were carelessly participating in human trafficking, slavery, and peonage.
In 2021, although they sound reasonable House Bill 1285 and Senate Bill 5281, while less explicit than the 2019 “ag slavery bill,” is no less punitive for food producers. The new bills would threaten major penalties for something as small as a hole in a window screen.
The bills propose removing the B&O tax incentive starting this year for numerous violations. Fruit packers, food processors, and any vertically integrated ag businesses accused of violating the rights of their workers would have their incentive revoked. Vertically integrated agricultural businesses are responsible for the raising, packaging, selling, and shipping of their products and include some wineries, select grocery store chains that have production groups, artisanal food producers, and more.
The proposed legislation seeks to require these businesses to “annually disclose any adjudicated action arising from any legal judgements, lawsuits, proceedings, or charges, against the applicant, that are related to any employment, labor, or civil rights laws of any jurisdiction that have occurred within the two years prior to the present year’s filing deadline.”
Specific violations that would require reporting include wage and hour laws, break and schedule rules, human rights or discrimination, sexual harassment, workplace pregnancy accommodations, health and safety laws, and/or wrongful termination or unfair workplace practices. All of these violations are currently monitored by the Washington State Department of Labor & Industries. Each infraction has a fine associated with it and that oversight and fine structure would remain in place alongside the new enforcement role of the Washington State Department of Revenue.
Violations that would be considered punishable include a hole in the window screen of a temporary worker housing unit, failing to name a respiratory protection administrator, failing to update safety data sheets, failure to visually inspect extension cords, and allowing soap to run out in a bathroom used by farmworkers. These infractions that could be handled with a simple procedure audit would equate to a tax increase of tens of thousands of dollars in addition to potential fines.
The bill would mandate these disclosures be made to the department of revenue to maintain qualification for B&O tax incentives. However, it would also create a double-jeopardy scenario for agricultural businesses which are already held to these standards by L&I.
Health and safety in the workplace, particularly agricultural businesses as complex as vertically integrated fruit and vegetable operations, is of paramount importance to farmers and their employees. No other businesses would be affected by this legislation, meaning it is specifically targeted at the agricultural community.
Rather than duplicating the work of L&I at the department of revenue, our state and the farmworkers who live and work here would be far better served by continuing to allow L&I to do its job effectively and efficiently. The department of revenue should not become a backup enforcement agency. Any bill opening farms and ranches up to additional fines or taxes, is punitive rather than progressive.
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January 25, 2021 at 01:32AM
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B&O bill aimed at food processing companies » Publications » Washington Policy Center - Washington Policy
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