BAKERSFIELD, Calif. -- An Arvin area grower faces misdemeanor charges a day after being shut down by the state for violating heat rules.

The farm was shut down Tuesday for not having any shade for workers amongst other issues.

A planned enforcement check by the Department Of Industrial Relations which includes Cal-OSHA and the state labor board, found that 17 workers were more than a mile away from the nearest shade on Tuesday. This is in violation of the state's heat regulations for outdoor workers.

Workers also did not have proper water access. The grower had no heat illness prevention plans or training and so a Cal-OSHA inspector issued an order prohibiting use. So that no one can work until the problems are corrected.

Wednesday, during a spot check, inspectors found five workers in a field in violation of that order that means the farm now faces misdemeanor charges.

This is the first order issued by the state this year in Kern County which is a positive sign the heat rules are being followed.

The DIR said that so far this year out of nearly 2,000 heat related inspections, 85 percent of employers were in compliance.

In 2008, 65 percent of employers were in compliance out of 2,500 inspections.

The DIR also stated that they discovered that 15 of 17 workers found in a watermelon field were being paid in cash and working ten hour days with no lunch breaks.

The labor commission is looking into that.

For more information on the Department of Industrial Relations, visit, dir.ca.gov.