Mastronardi Produce Workers File Class Action Over Alleged Pesticide Exposure

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A proposed class action alleges Mastronardi Produce-USA and Maroa Farms have illegally mishandled and failed to protect migrant and seasonal workers from certain harmful pesticides and utilized a “false and misleading” bonus structure that caused the individuals to work harder and faster without just compensation. 

The 41-page lawsuit alleges Mastronardi Produce and its subsidiary farming operation Maroa Farms, who reportedly employ more than 200 greenhouse workers each year at their Coldwater, Michigan facility, began to increase their disinfection practices during the 2020-2021 tomato season to combat the spread of a virus. According to the complaint, greenhouse workers were forced to spray certain pesticides without first being trained on how to safely use the chemicals; informed of the possible effects of exposure; or told what to do with soiled clothes.

Further, migrant workers and those working near them were not provided with any additional personal protective equipment beyond latex gloves and surgical or cloth masks that had already been worn for handling plants and combatting COVID-19, the suit says.

Per the case, the defendants instructed workers to spray Virkon S, a broad-spectrum disinfectant and virucide, daily on the trolleys and carts in each row of tomato plants while others were told to continue working in the same area. 

In the “Phase 2” greenhouse at the Coldwater facility, workers around November 2020 frequently began to smell a strong odor of bleach at the time they arrived for work, the suit says. The lawsuit relays that two plaintiffs were told by night shift workers that they would spray chemicals in the greenhouse all night, until roughly 5:00 am. During this period, the complaint says, Virkon S, sodium hypochlorite 12.5% and Virocid, all Environmental Protection Agency-registered pesticides, were used by the defendants. 

“Defendants did not provide adequate ventilation, opening only a limited number of windows and doors,” the suit alleges, claiming Mastronardi Produce and Maroa Farms also failed to conduct any air monitoring after spraying the chemicals to determine if airborne concentrations were safe. 

One plaintiff alleges that while preparing the Virkon S barrels, she experienced nose bleeds, burning eyes and skin irritation. Another plaintiff claims to have witnessed other greenhouse workers experience similar side effects after exposure to Virkon S, the suit says. 

“When greenhouse workers were unable to work because of adverse reactions to the disinfectants they were told to take a break,” the lawsuit claims. “If they were then not able to continue working they were sent home without pay.” 

Another plaintiff, according to the complaint, complained to a manager about feeling sick and experiencing headaches; burning eyes, nose and throat; nose bleeds; nausea and dizziness, and was told to go home without pay and come back the next day. 

The case goes on to allege that the defendants also failed to provide adequate potable drinking water, which came in jugs that “sat out in the warm, humid temperatures of the greenhouse, and would get hot, developing a foul odor that did not seem safe to drink after a couple of days.” 

The suit alleges Mastronardi Produce and Maroa Farms, who produce and sell their fruits and vegetables under the Sunset brand, have violated the Migrant and Seasonal Agricultural Worker Protection Act and Michigan Occupational Safety and Health Act, as well as the Worker Protection Standards.

The case looks to cover all non-H-2A mirgrant or seasonal workers employed in the cultivation, growing or harvesting of produce by the defendants and/or their successors, predecessors, agents or alter egos at their Coldwater, Michigan facility from January 1, 2020 and continuing through final resolution of the lawsuit.

The suit also looks to represent all non-H-2A migrant and seasonal workers employed in the cultivation, growing or harvesting of produce by the defendants and/or their successors or predecessors in the Coldwater facility during the applicable statute of limitations period and through the final resolution of the case, who were offered a bonus piece rate before or during their employment. 

Also proposed is a class of all non-H-2A migrant workers employed in cultivation, growing or harvesting of produce by the defendants, their successors, predecessors, alter egos or agents in the Coldwater facility during the past three years and through the final resolution of the case, who were not or have not been provided with written disclosures of the terms of their employment at the time of recruitment. 

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