Ruben Lugo tells Agricultural Labor Relations Board that transport loopholes and overloaded vans are killing farmworkers

Ruben Lugo, owner and lead consultant for Impact Labor LLC, told the Agricultural Labor Relations Board that many California farmworker deaths are tied to transportation practices and regulatory gaps that allow overloaded or modified passenger vans to operate without proper inspection or insurance.

"Why are our farm workers still dying on the road?" Lugo asked in his presentation, summarizing state data and social‑media evidence that, he said, shows the majority of agricultural fatalities involve some form of transportation. He described two broad types of risk: on‑farm improvisations (workers carried in trailer bins or tractor carriages) and off‑farm public‑road transport in minivans or modified vehicles that skirt oversight.

Lugo outlined which agencies share authority: Wage and Hour (DO) and H‑2A rules govern many workers and vehicle authorization; the California Highway Patrol oversees nine‑or‑more passenger vehicles (inspections, seat belt requirements); OSHA can act on on‑farm hazards; and DOT/DMV apply in larger commercial cases. He said the CHP rule that followed a major multifa tal crash improved safety for large vehicles but prompted some operators to switch to minivans or alter seating to avoid CHP jurisdiction.

Lugo described how independent transport brokers he called "riteros" operate: recruiting workers, charging fees, and sometimes removing seats or hiding passengers so vehicles fall below regulatory thresholds. "They'd remove that seat so it appears capacity is eight," he said, recounting CHP enforcement examples. He offered a simple economics example to show why the business is lucrative for some operators.

Lugo cited specific crashes he said illustrate the stakes: the Lion's Farm incident reported in CalMatters and a Valley Garlic crash in which a 16‑year‑old worker, Karina Palasios, died on her first day of work. He said press materials for those investigations showed nearly $90,000 in civil penalties and about $40,000 in back wages in one case. Lugo said courts have at times held growers responsible and ordered them to reimburse FLC transportation costs and to monitor contractor compliance.

Board members asked detailed follow‑up questions. Member Ralph pressed whether growers and FLCs use standard contract language to require growers to pay transport costs; Lugo said consent judgments have compelled reimbursement in some cases but most grower contracts currently disclaim responsibility for transportation. The members and Lugo discussed whether a model contract, retailer pressure, subsidies or stronger rate regulation would be needed to make safe transport economically viable.

Members also asked about insurance and workers' compensation. Lugo said H‑2A transport is tightly regulated and typically has appropriate inspections and insurance, but many non‑H2A contractors do not disclose transport to insurers and therefore may lack coverage when an accident occurs. He recommended stepped‑up outreach on seat‑belt use for workers and cited pilot measures such as replacing some monetary penalties with required public‑education actions in Spanish as one possible intervention.

After the presentation and Q&A, the board thanked Lugo and recessed into closed session to continue other business.