Years After Fatal Heatstroke on North Carolina Farm, Contractor Continues Hiring Hundreds of Migrant Workers

A farm labor contractor that employed two men who suffered severe heatstroke in North Carolina—resulting in one fatality and leaving another worker permanently disabled—continues to bring hundreds of H-2A visa workers to the state, according to court documents, government records, and investigative reporting.

The case highlights ongoing safety gaps in agricultural labor oversight. On 19 July 2022, Carlos Vargas Moreno, an H-2A worker from Mexico, was weeding a watermelon field in Goldsboro, North Carolina, when temperatures and humidity pushed the heat index to 98.3F, a level classified as hazardous by federal health safety tools. Just before 6pm, Vargas Moreno collapsed from heatstroke. Today, the 38-year-old relies on a wheelchair, cannot walk or care for himself, and requires round-the-clock assistance from his wife, Daysi Romero Arellano.

Nearly two years prior, another worker employed by the same company, Florida Orange Gold, died of hyperthermia under similar conditions. Carmen Sebastian Hernandez Mosqueda, 25, collapsed on 18 July 2020, after working long hours in extreme heat. Medical records show his body temperature reached 109F during Vargas Moreno's incident and 101.5F when emergency responders arrived for Hernandez Mosqueda.

Accountability and Regulatory Oversight

Florida Orange Gold was founded in 2017 by Jose Javier Gutierrez and operates across Florida and North Carolina as an intermediary supplying migrant labor to growers. Following Hernandez Mosqueda's death, the North Carolina Department of Labor (NC DOL) cited the company for safety violations, including breaching the federal general duty clause, and required the implementation of a heat stress prevention program.

However, records and depositions indicate that the company merely adopted an unmodified online template without establishing practical safety measures, training, or monitoring protocols. When Vargas Moreno suffered his heatstroke in 2022, coworkers reported a lack of accessible drinking water, insufficient rest breaks, and the absence of an on-site supervisor. Furthermore, rather than immediately calling 911, company leadership instructed workers to wait, eventually transporting Vargas Moreno to a hospital bed via the back of a pickup truck.

NC DOL later fined Florida Orange Gold more than $42,000 for failing to follow its own heat stress plan during the 2022 incident and failing to report the hospitalization within the legally mandated 24-hour window. Despite these violations and subsequent civil litigation, the contractor has continued to seek hundreds of H-2A agricultural workers for seasonal employment in North Carolina.

Practical Implications and Context

• Regulatory Status: Neither federal OSHA nor the state of North Carolina currently maintains a dedicated heat standard enforceable across all agricultural operations, relying instead on general duty guidelines and recommended safety practices.
• Worker Vulnerability: H-2A agricultural workers face distinct economic pressures, as leaving a job or refusing hazardous work can jeopardize their legal visa status, housing, and financial support for their families.
• Verification: Readers can review original investigative findings, legal documents, and official reporting details directly through [The Guardian's interactive report](https://www.theguardian.com/environment/ng-interactive/2026/oct/07/north-carolina-farm-workers-disability-health-heat).
• Confirmed vs. Unknown: Government investigations and legal depositions confirm the timeline of both workers' medical emergencies, the company's citations, and the lack of functional heat stress protocols. Questions remain regarding the ongoing monitoring practices of state regulators and the full scope of conditions across other contractor-managed labor camps.