PERSONAL INJURY LAW for OVER 45 YEARS! We Have Won Over 98% of Our Cases*

3 Most Common Ways Farmworkers Come Into Contact With Roundup (And How to Document Your Exposure)

3 Most Common Ways Farmworkers Come Into Contact With Roundup (And How to Document Your Exposure)

For decades, Roundup has been a go-to weedkiller for farms, nurseries, and landscaping crews across California. Workers have been told it is safe to use day in and day out. But a growing body of scientific evidence and thousands of lawsuits have linked Roundup’s active ingredient, glyphosate, to a specific type of cancer: non-Hodgkin lymphoma (NHL).

If you are a farmworker who has been diagnosed with NHL, proving your history of Roundup exposure is the single most important part of your legal claim. At Walch Law, our family has been fighting for injured Californians for over 45 years. We understand that you may not have perfect records, but we know how to build a powerful case by documenting your exposure history. We would love to help you and your family.

1. Mixing and Loading Concentrates (The Highest-Intensity Exposure)

The most intense exposure to Roundup often occurs before spraying even begins. Handling the concentrated chemical during the mixing and loading process can lead to significant skin contact and inhalation of aerosolized droplets.

Common Scenarios:

  • Opening large jugs or containers of concentrated Roundup.
  • Pouring or decanting the concentrate into smaller containers or sprayer tanks (backpack or boom sprayers).
  • Getting splashed on your hands, arms, or face while mixing.
  • Inhaling fumes and aerosols in poorly ventilated mixing areas.
  • Dealing with clogged nozzles or equipment, which can spray concentrate directly onto your skin.

How to Document This Exposure:

  • Product Photos: If you have any old Roundup containers or can safely take a picture of the products used at your job site, this is powerful evidence.
  • Work Orders & Logs: Your employer may have batching logs, work orders, or spray schedules that list the chemicals mixed for a specific job.
  • Personal Protective Equipment (PPE) History: Be honest about the PPE you were given. Were gloves, masks, or aprons provided? Were they in good condition? Were you trained on how to use them? A lack of proper PPE is important evidence.
  • Witnesses: Did anyone see you mixing chemicals? A supervisor or co-worker can provide a statement confirming your duties.
  • Skin Irritation Notes: Did you ever get rashes or burns after mixing? Note when and where this occurred.

2. Spraying and Application (Direct Dermal and Inhalation Exposure)

The act of spraying Roundup is the most obvious pathway for exposure. During application, workers are exposed through direct skin contact with the diluted chemical and by inhaling mist and drift.

Common Scenarios:

  • Direct Spray Contact: Using a handheld or backpack sprayer can easily lead to the chemical mixture leaking or dripping onto your back, legs, and hands.
  • Drift and Blowback: Wind can carry the spray back onto your body and face, a common problem with boom sprayers on tractors or ATVs.
  • Wet Re-entry: Walking back through areas you have just sprayed means your boots and clothing become saturated with the chemical, leading to prolonged skin contact.
  • Heat and Sweat: Working in the California heat causes you to sweat, which can increase the rate at which your skin absorbs the chemicals.

How to Document This Exposure:

  • Map Your Routes: Draw a map or list the specific fields, groves, or properties where you sprayed.
  • Document Frequency: How many hours per day or week did you spray? For how many years? The longer the exposure, the stronger the case.
  • Note the Weather: Do you remember spraying on windy days? This is key to proving drift exposure.
  • Application Method: Detail the type of equipment you used (e.g., 3-gallon backpack sprayer, 100-gallon boom sprayer).
  • PPE Condition: Was your PPE effective? Did your gloves have holes? Did you have access to clean uniforms each day?

3. Re-entry and Contact with Treated Plants (Indirect but Frequent Exposure)

You don’t have to be the one spraying to have significant Roundup exposure. Many farmworkers who perform tasks like weeding, pruning, or harvesting are exposed by coming into constant contact with plants and soil that are still wet with chemical residue.

Common Scenarios:

  • Hand Weeding or Thinning: Pulling weeds or thinning crops in a field recently sprayed with Roundup.
  • Pruning or Harvesting: Working on vines, trees, or row crops where the leaves and fruit are still covered in residue.
  • Kneeling or Crawling: Your knees, hands, and clothing can become soaked with residue from the ground and lower foliage.
  • Contaminated Equipment: Using communal equipment like gloves, aprons, or shears that have chemical residue on them from previous tasks or other workers.

How to Document This Exposure:

  • Spray Calendars: Your employer is required to keep records of when fields are sprayed. These are crucial for establishing your work timeline relative to chemical applications.
  • Texts or Verbal Instructions: Did your supervisor ever text you or tell you which lot or row to work in? Save these messages. Note these conversations in your diary.
  • Timing is Key: How much time passed between when the area was sprayed and when you were sent in to work? The shorter the interval, the higher the exposure.
  • Photos of Residue: Sometimes you can see a white or oily residue on plant leaves. If you have any photos showing this, they can be very helpful.

Other Important Exposures to Document

  • Equipment Cleanup: Rinsing tanks and cleaning nozzles.
  • Spill Response: Cleaning up accidental spills of concentrate or diluted mix.
  • Transportation & Storage: Transporting Roundup in your personal or work vehicle; storing it at your home.
  • Home Use: Did you also use Roundup on your own yard or garden?

How to Build Your Exposure Diary

Keeping a written record is critical. Get a notebook and start writing down everything you can remember. We can provide translators and bilingual forms to help. Include:

  • Dates/Years of employment at each location.
  • Tasks you performed (mixing, spraying, harvesting, etc.).
  • Products you remember using (Roundup Pro, Roundup QuikPRO, etc.).
  • Duration (hours per day, days per week).
  • PPE you used and its condition.
  • Symptoms you felt during or after work (headaches, rashes, etc.).

Medical Diagnosis and Your Legal Rights

To have a Roundup claim, you must have two things: a history of significant exposure to Roundup and a formal medical diagnosis of non-Hodgkin lymphoma or one of its many subtypes. Your immigration status has no effect on your right to file a claim in California. All consultations with our firm are free, confidential, and carry no upfront costs.

Evidence Checklist to Get Started

  • Paystubs or work schedules
  • Employer chemical purchase logs or Safety Data Sheets (SDS)
  • Safety meeting sign-in sheets
  • Names and contact information of co-workers
  • Photos or videos of you at work or of the products used
  • Medical records from any clinic visits for rashes or other symptoms

Don’t worry if you don’t have these documents. Our job is to help you get them. Even if you were paid in cash, we can use witness statements and other evidence to build your case.

Frequently Asked Questions

1. Do I need receipts to prove I used Roundup?
No. Receipts are helpful but not required. Your testimony, co-worker statements, and employer records are all powerful forms of proof.

2. What if I used other herbicides too?
This is very common. As long as a significant portion of your exposure was to Roundup, you can still have a strong case.

3. Does wearing PPE kill my case?
No. Even with PPE, exposure is still possible through leaks, spills, and aerosol drift. Furthermore, many employers provided inadequate or faulty PPE.

4. Can I file a claim if I’ve moved to another state?
Yes. If your exposure occurred in California, you can likely file your claim here, even if you no longer live in the state.

5. What if I never mixed or sprayed, only did harvesting work?
You can still have a very strong case. Re-entry exposure is a well-documented and significant pathway, especially for workers who spend long hours in treated fields.

6. How long do I have to file a claim?
California has a two-year statute of limitations that generally starts from the date you were diagnosed and knew or suspected your NHL was linked to Roundup. It is critical to speak with a lawyer to determine your specific deadline.

We Fight for Farmworkers. You Pay Nothing Unless We Win.

You work hard to provide for your family. If Roundup caused you to develop cancer, you deserve justice. Your immigration does not matter when it comes to filing a winning Roundup claim with the team at Walch Law. The legal team at Walch Law is here to fight for you. We handle all the records, the experts, and the court filings so you can focus on your health.

Contact us today for a free, confidential consultation. Our bilingual staff is here to help, and you will never pay a fee unless we win your case.

 

Contact Information