Mexico trade mission and Ag labor issues – Looking Forward

Source: Karen Ross, California Agriculture Secretary

While in Mexico City last week, Governor Brown met with Secretary Navarrete Prida of the Mexican Ministry of Labor and Social Welfare and signed a letter of intent to address labor rights issues for temporary Mexican workers in California – a matter of high importance, of course, for California’s farmers and ranchers.

Moving forward from that promising development, we are working to create a pilot program than connects at least one California agricultural employer with Mexican officials to establish a set of protocols. Our objective is to help curb migrant worker abuse on a national and international basis, and provide stronger assurances to California agricultural employers that migrant labor employed within a H-2A program are not subject to illegal fees, misrepresentation of employment terms, fraud and other issues.

California, the U.S. Department of Labor, and a network of cross border nongovernmental organizations would work with Mexico to establish a bi-nationally available register of certified labor recruitment agencies. In addition, Mexico would develop a system for monitoring, verifying and supervising the activities carried out by recruitment agencies.

In California, the state would identify agricultural employers that voluntarily commit to using certified recruiters.

In the absence of a national immigration solution, this pilot program can be a great benefit to California’s agricultural community and strengthen our bilateral ties with Mexico.

2016-05-31T19:33:33-07:00August 8th, 2014|

Commentary: American Dream flourishes in state’s strawberry fields

Source: Lorena Chavez; Ag Alert

For thousands of immigrants to California, the path to the American Dream literally winds its way through the state’s strawberry fields. Perhaps more than any other crop, strawberries are defined by decades of immigrants from Europe, Asia and Mexico.

A report issued earlier this month by the California Strawberry Commission, titled “Growing the American Dream: California Strawberry Farming’s Rich History of Immigrants & Opportunity,” illustrates how many new Americans find that strawberries are a viable ladder to success.

According to the report—which can be found on the Strawberry Commission website at www.californiastrawberries.com—a diverse community of 400 family farmers dominates the state’s strawberry production, which accounts for nearly 90 percent of all the strawberries grown in the United States.

Sixty-five percent of these farmers are Latinos, a quarter of whom worked their way up from field workers to supervisors and eventually owners of their own farms. Another 20 percent are Asian Americans, primarily Japanese and, most recently, Laotians. The remaining 15 percent are comprised of European Americans, with some tracing their ancestry to Gold Rush pioneers.

The story of my father, Luis Chavez, illustrates this immigrant experience. He came to the United States from a small, rural town in Jalisco, Mexico. Born in 1934, he was raised in a home with no electricity or running water. He hasn’t attended a single day of school in his entire life. His family grew corn and beans to survive.

With no money in his pockets, he arrived in California in search of a better life in 1955, as part of the Bracero program. Like generations of immigrants, my father realized that the key to success was hard work. He first worked in a dairy, covering double shifts for 16 years until the family could scrape up enough money to lease an acre to plant strawberries.

While still working their regular jobs, my parents would get up at 4 a.m. every day to tend their plot, slowly building their business. Gradually, they expanded to become L&G Farms. My siblings and I now work side by side with my father to farm 300 acres in Santa Maria, where we employ several hundred people.

This story is not uncommon. But why are so many immigrants drawn to strawberry farming?

Due to their high yield, year-round harvesting and strong consumer demand, strawberries are able to sustain a family on a relatively small parcel of land. The barriers to entry are also favorable to immigrant farmers, because they can afford to lease and not buy their farmland.

With our deep and longstanding immigrant tradition, California strawberry farmers have been highly vocal in advocating for immigration reform. Certainly, we are concerned about the need for a pool of workers to harvest our crops. But more importantly, we share a desire to make sure that future generations of immigrants have the opportunity for the upward mobility that strawberries have provided for our family.

Along with other California strawberry farmers, and even Silicon Valley executives, I have made several trips to Capitol Hill to tell Congress about the critical need for meaningful immigration reform.

While recent election results have stalled efforts, immigration reform should not be postponed indefinitely. And it definitely should not be a partisan matter.

On one of our trips to Capitol Hill, one of my colleagues, a first-generation Mexican-American farmer from Salinas, eagerly sought out a statue of President Ronald Reagan, his hero, who granted amnesty to millions of immigrants. This simple act paved the way for my colleague to become an American citizen, gradually working his way to become a strawberry farmer employing nearly 100 workers. Another American Dream realized.

The commission’s report provides a strong reminder about the sacrifice, pride and contributions made by this nation’s immigrants throughout our history.

It also underscores the fact that immigration reform is as American as, well, strawberries.

2016-07-26T11:07:00-07:00July 17th, 2014|

Several Key Industry Associations Urge Immigration Reform

The U.S. Chamber of Commerce yesterday urged Congress and the Administration to work together to enact immigration reform in order to drive job creation and economic growth.

The call came as part of the national ‘Day of Action’, which included events in Washington D.C. along with 25 other states.

Several key agricultural and economic industry groups also supported the proposal, including the Western Growers Association, Partnership for a New American Economy, American Farm Bureau Federation and AmericanHort.

The national press conference in the U.S. capital featured leading business association CEOs discussing the critical need for new legislation.

There was also a range of coordinated events throughout the country with state farm bureaus, local businesses and state representatives which aimed to show immigration laws in the business community needed to be modernized across industries, sectors and geographies.

In a release, U.S. Chamber of Commerce president and CEO Thomas J. Donohue said he strongly believed improvements were needed and he would continue to make the case for them.

“While our lawmakers are deadlocked on this issue, business leaders are more determined than ever to fix our immigration system,” Donohue said.

“We need meaningful immigration reform to revitalize our economy and to remain a nation ruled by law, guided by principle, and driven by compassion and common sense.

“We’re going to continue to make the case in the nation’s capital and in every corner of this country, and will use every tool and resource at our disposal. We’re not going to let up until the job gets done.”

Western Growers president and CEO Tom Nassif echoed Donohue’s remarks, adding many currently unauthorized immigrant workers were vital for the agricultural industry.

“The effect of inaction on immigration reform is devastating to the fresh produce industry and consumers. We rely on people to plant and harvest the nutritious and domestic supply of food for Americans and for export,” Nassif said.

“Many of these workers are unauthorized, but are willing and able to do the work. It’s been demonstrated many times that Americans won’t work in the fields, so why won’t our elected officials provide us the means to have a legal, reliable workforce?

If no solution is provided, production will continue to move overseas along with the jobs agriculture supports in rural communities across America.”

American Farm Bureau Federation president Bob Stallman also said the current laws were outdated and changes were needed for both farmers and the economy.

“As a nation, we can’t afford to continue with an immigration system we’ve long outgrown and is working more and more against our overall national interest,” he said.

“We urge Congress and the Administration to work together and with us to achieve real immigration reform that addresses the needs of farmers, the economy, as well as the country’s need for border security.”

2016-05-31T19:34:18-07:00July 10th, 2014|

Table Grape Harvest Now Underway in SJV

Source: Cecilia Parsons; Ag Alert

Color, sugar content and berry size of many early table grape varieties hit harvest targets last week in the southern San Joaquin Valley.

Harvest in the Arvin area of Kern County is a week to 10 days earlier than normal this year, according to grape grower Ryan Zaninovich. Harvest of the San Joaquin Valley’s 70 to 80 varieties of red, green and black table grapes will continue through November.

Zaninovich, chairman of the California Grape and Tree Fruit League and manager at Vincent B. Zaninovich & Sons Inc. in Richgrove, said warm spring weather is driving earlier harvests in all grape-growing regions of the state. The desert region table grape harvest began in late April and will wind down this month, as harvest transitions to the southern San Joaquin Valley.

Coming off a record-production year of 117.4 million 19-pound boxes for all growing regions in 2014, Zaninovich said yields from this crop are estimated to be about average to larger with excellent quality. An updated crop estimate will be released in July, prior to the peak of the California harvest. Coachella contributes about 5 million boxes to the total.

Zaninovich and retired Kern County Cooperative Extension viticulture advisor Don Luvisi said no serious pest or disease issues are looming for growers. Grape quality is expected to be excellent again this year, with only minimal sunburn where canopies are light.

“When we have good spring weather, that generally means the quality will be high,” Zaninovich said. Grape mealybug is always an issue, but growers have been able to keep them under control, he added. Growers keep up with pest control and suppress powdery mildew early, Luvisi said.

The biggest challenges this season for growers will be water and labor. Most depend entirely on groundwater supplies for irrigation. Adequate water not only ensures higher yields, but also protects vines from stress that invites pests and disease.

“We’re all relying on groundwater and hoping the wells don’t go dry. I’ve heard of a few growers who are having issues with their wells,” Zaninovich said. “We all have strategies for best water use and to protect the longevity of the vines.”

Zaninovich said different varieties of table grapes use different amounts of water during the year. Varieties that are harvested early in the season or have lighter yields use less water than heavier producers or varieties harvested later in the season.

Labor will cost more this harvest season and availability could become a problem for growers later in the season, and many varieties and other hand-harvested crops demand labor, said Barry Bedwell, president of the California Grape and Tree Fruit League.

“There are no reports of shortages now, but the crunch time comes in August and September, when we’re competing with other harvests,” he said.

Harvest crews are paid by the hour with bonuses per box. Bedwell said they average higher than minimum wage, but growers base their pay on the state minimum wage. The harvest requires skilled labor, and crew members can average $10 to $14 an hour, he said. Table grapes are field packed into boxes and trucked to cold storage prior to shipping.

California’s approximately 500 table grape growers are looking at strong prices and robust export sales this year, according to Bedwell. The trend for both is upward, as growers are coming off two strong sales years.

Kathleen Nave, president of the California Table Grape Commission, said table grape growers have been extending their harvest season with new early and later varieties of grapes. Red grapes dominate the top five. Flame, Scarlet Royal and Red Globe are the top three varieties in acres planted. Autumn King and Sugarone are two of the most popular green grapes, while Autumn Royal is the most popular black grape.

“With a longer harvest season and promotion efforts, we expect exports to be up,” Nave said.

Canada, Mexico and China are top export destinations for California table grapes. Bedwell pointed out that while California products are popular in China, that country’s table grape production far outpaces California. With annual production hitting 1 billion boxes, their Red Globe varieties alone equal all of California’s production.

China has begun the process of exporting grapes to the United States, Bedwell noted, and is currently in the pest review process—which could take another three years.

Luvisi said the biggest change in table grape production over the past 20 years has been the development of many seedless varieties.

“Seeded grapes are really hard to find now,” Luvisi said. Older varieties like Thompson Seedless are also being replaced with varieties that hit certain market windows. He noted Kern County table grape growers have planted a newer green variety, Superior Seedless, after taking out Thompson Seedless vineyards. Zaninovich said he has planted another newer green variety, Autumn King, which is a heavy producer.

In the past few weeks, Luvisi said, Kern County growers were checking vineyards for color, sugar and berry size to determine when to harvest. Market demand and prices also drive the decision, he said.

Recent weather has been an advantage. Temperatures above 95 degrees slow down development; cooler days with 85 to 95 degrees push maturity. When bunches of red grapes are 95 percent colored, Luvisi said harvest will begin. Green grape maturity is determined by sugar content. Berries will continue to size until picked, he added.

“We’ve had perfect weather for making sugar,” he said.

2016-05-31T19:34:21-07:00June 30th, 2014|

$9 Per Hour Minimum Wage Starts Next Week

By Christine Souza; Ag Alert

Starting July 1, the California state minimum wage increases to $9 per hour, a hike that growers say will result in more challenges on the farm and higher costs overall.

Monterey County strawberry grower Ed Ortega said, “In agriculture, nobody can pay just minimum wage.

“People will find a job doing something else that is much easier work than working in agriculture for minimum wage. They’d rather go and flip burgers for nine bucks,” Ortega said. “Our work demands more than a minimum wage employee, so every time the minimum wage goes up, the whole ladder in our entire pay structure goes up. There’s no such thing as paying the bottom guy more and not the top guy. The whole ladder rises.”

California’s minimum wage increase to $9 per hour is a result of the passage of Assembly Bill 10 by Assemblyman Luis Alejo, D-Salinas, in 2013. AB 10 also provided for a second hike in the California minimum wage to $10 per hour on Jan. 1, 2016.

Bryan Little, California Farm Bureau Federation director of labor affairs and chief operating officer of the Farm Employers Labor Service, said raising California’s minimum wage might have happened through a ballot initiative had AB 10 not become law last year.

Proponents of increasing the minimum wage argue it is needed to reduce poverty, while business groups and those opposed believe raising the hourly minimum wage would increase business costs and jeopardize California’s economic recovery.

“The majority of farmers already pay their employees much higher than minimum wage, so when these changes occur, employees making more than minimum wage expect to stay that much ahead of the increased rate,” Little said. “In the short term, it will increase costs to employers, but the labor supply is tight right now, so workers are already able to demand fairly high wages, but the increase still impacts operating costs and business profitability.”

Phil Martin, professor of Agriculture Economics at the University of California, Davis, confirmed that higher minimum wages affect some employers and workers more than others.

“Most farm employers have a wage structure, with some employees earning the minimum wage and others more. If the minimum wage rises by $1 an hour, workers earning more than the minimum wage normally expect a similar increase in order to keep their status in the wage hierarchy,” Martin said. “Employers often respond to higher wages with productivity increasing steps, from providing tools that enable workers to work faster to harvesting fields and orchards less often.”

Martin added that fewer new immigrants have already put upward pressure on farm wages and encouraged more use of labor-saving and productivity-increasing machines.

The new minimum wage has triggered other wage concerns for agriculture employers, Little said.

“A number of other costs associated with employing people are tied to employee earnings, like Workers’ Compensation and Unemployment Insurance; the increase in the minimum wage will directly and immediately impact employers’ costs for that. Also, if farm employers augment their workforces by bringing in farm labor contractors, the farm labor contractor is likely to increase the price of the workers they provide to cover that minimum wage increase and related costs.”

Farm labor contractors can be more efficient, and employ people year-round and spread their employment costs across more jobs than a farmer who employs a small number of people can, Little added.

“Farmers face several challenges in 2014, including implementing the Affordable Care Act and dealing with the effects of the drought,” Martin said.

This season, when it comes to the availability of employees, Ortega said, he is again experiencing a shortage of workers.

“We are experiencing the normal shortage that we experienced last year, which is a pretty extreme shortage of labor. Those who have less of a crop to harvest have a more severe labor shortage than those who have a crop to harvest,” Ortega said.

Whether a farm will attract the workers that are needed, Ortega said, depends on the size of the ranch and whether there is enough work to keep employees working. Smaller farms will have more limited opportunities.

“Any farmer who is experiencing a decrease in the water supply will also be experiencing extreme pest pressures, and if you have increased pest pressure, it means higher cost to the farmer,” Ortega said. “It’s an exponential factor. It’s not just raise the minimum wage a dollar; the associated costs go a lot higher than that.”

California is one of 18 states and the District of Columbia that have minimum wages above the federal minimum of $7.25 an hour and California’s $10 minimum is likely to be among the highest in the nation in 2016. Washington currently has the nation’s highest state minimum wage at $9.19 an hour.

2016-05-31T19:34:22-07:00June 25th, 2014|

Fresh Harvesting and Packing Co Relies on H-2A Workers

Steve Scaroni is a owner of Valley Harvesting and Packing, a major harvester of strawberries and leafy green vegetables in California and Arizona. At a recent romaine lettuce harvest operation in Salinas, Scaroni talked about how much labor and equipment his production utilizes.

Scaroni said much of his labor comes from Mexico, as part of the federal H-program, which allows temporary visas for agricultural labor workers.

“The H-2A is so important. We absolutely could not produce at the levels of volume that we do without H-2A labor. There is not enough legal labor for us to do the amount of volume that we are asked to do by our customers.”

Scaroni explains that having the H-2A visa program is essential to his produce production and harvesting, even for company that is not seen by the consumer.

“Between the different brands that we probably serve, we probably touch 20 percent of every salad eaten in america everyday. But you don’t see our name anywhere, you don’t hear about us, we are a vendor behind the scenes for the major brands,” said Scaroni.

With the demand and need for guaranteed freshness in produce, a constant flow of workers is even more crucial to the harvesting and production process.

“But we are the ones putting up the harvester equipment and we are making sure we have enough labor. The whole process is now “just in time”. See that’s the other thing, now we have freshness, food safety, but you know we have to have a consistent workforce because we are on just in time deliveries because that’s what the grocery store requires. It comes all the way come back to us.”

Scaroni explains the process by which his company obtains out of state workers, legally and those with good work ethic.

“We’re fortunate that we have what have a farming operation in Mexico, so we vet a lot of our workers that we bring up here. we vet them first in our operation in Guanajuato Mexico. And then the good ones we give them the opportunity to come up here to work two to three to four to five to six  months, making more in an hour than they can make in a day in Mexico.” said Scaroni.

Scaroni noted that there must be approvals from five different government agencies to get that worker out of Mexico and here working in California, legally with a H-2A visa.

“I have a great H-2A team, all they focus on is H-2A, the process, getting the workers up here, going to the consulate to do the intake process. Every worker is background checked, fingerprinted, and if they have any criminal history in the system, they’re excluded and cut off the border, and they can’t come.”

Scaroni said the job wouldn’t get done without them.

“In today’s labor reality I would not have a business at the volume that my customers bless us with. We would be at half of what we are, We’d be half the business we are now.” Scaroni added.

2016-05-31T19:35:29-07:00May 30th, 2014|

LEGISLATIVE UPDATE: Williamson Act, Solar, Undocumented Workers and More…

AB 1905 (Luis Alejo, D-Watsonville) would allow farmers and ranchers who have registered their small livestock stockponds to also register them for small irrigation use. It will improve water users’ opportunities to develop economically viable and ecologically sustainable water supplies by allowing small livestock stockponds to also be registered for small irrigation use.

Current law allows water users to utilize a single facility (pond) for both small irrigation use and small domestic use, but does not allow utilization of a single facility for small irrigation use and a small livestock stockpond. This measure will be heard next week in the Assembly Water, Parks and Wildlife Committee and is sponsored by Farm Bureau.

AB 2071 (Marc Levine, D-San Rafael) that would allow highly treated recycled water to be used to water livestock will be heard next week in the Assembly Water, Parks and Wildlife Committee. It would require the Department of Public Health to approve the use of tertiary treated recycled water for pasture animals unless the department determines that it would harm public health.

Farm Bureau has been discussing the measure with the author’s office. Two measures that would repeal provisions of the $11.14 billion Safe, Clean, and Reliable Drinking Water Supply Act currently scheduled to go before California voters November 4th this year was heard in the Senate Natural Resources and Water Committee this week.

SB 927 (Anthony Cannella, R-Ceres and Andy Vidak, R-Hanford) would authorize the issuance of $9.217 billion in general obligation bonds; $327 million for drought relief, $1 billion for groundwater protection, $2.64 billion for regional water projects and recycling, $2.25 billion for Delta sustainability and $3 billion continuously appropriated for water storage projects.

SB 1370 (Cathleen Galgiani, D-Stockton) would authorize the issuance of $6.26 billion in general obligation bonds to be continuously appropriated for water projects.

Farm Bureau is supportive of the water storage elements of both measures, but has not yet taken a formal position on either bill while working with the authors on anticipated amendments to address additional key elements necessary to move these bills forward in the legislative process and be successful with the voters in the General Election in November.

SB 1353 (Jim Nielsen, R-Gerber), which would repeal the January 1, 2016 sunset date on the 9 and 18-year Williamson Act contracts, was unanimously approved by the Senate Governance and Finance Committee. This law requires participating landowners to forego ten percent of their property tax relief in a direct payment back to the counties to help finance the program when the state reduces or eliminates its subvention payments.

The original measure, AB 1265, was a Farm Bureau-sponsored measure to provide counties with an alternative to exiting the land conservation program through mass nonrenewals of their contracts. The bill was approved on the committee’s consent calendar which bodes well for its ultimate passage. It should be noted that the shorter term contracts and the subsequent ten percent reduction in property tax relief are dependent on an annual finding by the county that it did not receive at least 50 percent of its foregone property tax revenue in the previous fiscal year from the state.

Thus, restoration of all or significant portion of the state’s Williamson Act subventions will automatically restore the full benefits of the program and the full term of the contracts.

AB 2241 (Susan Eggman, D-Stockton) that would provide a financial incentive for counties to implement the solar-use easement provisions of the Williamson Act was approved by the Assembly Local Government Committee 9 to 0.When rescinding a Williamson Act (WA) or Farmland Security Zone (FSZ) contract to replace it with a solar-use easement, a rescission fee is required equal to 6.25 percent of the fair market value of the property or a standard WA contract and 12.5 percent for the 20-year FSZ contract.

This Farm Bureau-sponsored measure set the fee at 10 percent for the standard and FSZ contracts and allows the counties to keep five percent. This law only applies to marginally productive or physically impaired land, restricted by a Williamson Act contract, when it is to be converted to a solar-use easement agreement for the sole purpose of siting large-scale solar facility. The intent of solar use easements was to provide an alternative mechanism for counties to exit a contract marginal land as well as provide statewide uniformity with respect to financial assurances for subsequent reclamation of the site. Farm Bureau believes that this measure would further encourage the use of solar-use easements on marginally productive or physically impaired land.

AB 1961 (Susan Eggman, D-Stockton) that intended to encourage counties to adopt Sustainable Farmland Strategies for their agriculturally zoned land ran into some rough sledding in the Assembly Local Government Committee but was eventually approved on vote of 5 to 2 with 2 abstentions. This Farm Bureau supported bill would require counties, by January 1, 2018, to map and inventory their agriculturally zoned land, describe the goals, strategies and related policies in their General Plans and ordinances intended to retain its agricultural zoned land and, where practical, mitigate for the loss of their agricultural land.

The California Building Industry Association (CBIA) and the California Association of Realtors vigorously opposed the measure and accused the bill of doing a number of things that it just does not do. For example, the CBIA said the bill was top down planning from the state when, in fact, the bill strongly maintains local control of all land use planning. The CBIA also alleged that proposed Sustainable Farmland Strategies constituted a zoning overlay which is patently untrue. The roll call on AB 1961 was as follows: Ayes: Bradford, Gordon, Levine, Mullin, and Rendon; Noes: Melendez, and Waldron; and Abstentions: Achadjian, and Alejo.

Assembly Member Eggman vowed to continue to work with the development community to address their concerns. The bill will next be heard in the Assembly Appropriations Committee.

AB 1897 by Assembly Labor & Employment Committee Chairman Roger Hernandez (D -West Covina) is a California Labor Federation-sponsored bill that will impose joint liability on a “client employer” for the Labor Code violations of any “labor contractor”. Hernandez’ bill would impose joint liability for any situation where a host employer receives the labor or services of any contractor in the course of normal business.

AB 1897 is not specific to any particular industry and is very broad in scope. The bill is scheduled for hearing in Assembly Labor & Employment on April 23. Farm Bureau and a broad coalition of employer groups expect to oppose the bill.

AB 2104 (Luis Alejo, D-Salinas) directs the Employment Development Department and the Department of Food and Agriculture to convene a working group to consult with the U.S. government on the creation of a program to legalize undocumented workers permitting them to live and work in California.

Similar to legislation offered by Assembly Member V. Manual Perez in the 2011-2012 legislative session, Alejo’s bill would require the working group to issue a report to the Legislature and the Governor describing such a program, and directs the Governor to either request the federal government to create such a program or explain to the Legislature why he did not do so and make recommendations to the Legislature to create such a program for California. The bill has been referred to the Assembly Committee on Labor & Employment; no hearing has been scheduled.

AB 2416 (Mark Stone, D-Monterey Bay) revives wage lien legislation (AB 1164, Lowenthal, D-Long Beach) that failed in the last legislative session in the face of strong opposition by employer groups including Farm Bureau. The Stone bill would allow employees to record a wage lien on an employer’s real and personal property for wages, other compensation and penalties for wages an employee claims were unpaid. AB 2416 has been referred to the Assembly Labor & Employment Committee but no hearing has been scheduled. It is expected to draw strong opposition from employer groups, including Farm Bureau.

The Senate Agriculture Committee heard SB 835 (Jerry Hill, D-San Mateo) this week, which would prohibit CDFA from allowing medically important antibiotics to be used in California if they are out of compliance with recently adopted federal requirements. Late last year the Food and Drug Administration issued Guidance #213, which asks all pharmaceutical companies to re-label antibiotics that are medically important in human medicine to remove growth promotion from the label. Once the label changes are made it would be illegal for anyone to administer these antibiotics for growth promotion purposes.

The FDA gave the pharmaceutical companies until March to notify them of their compliance and all but one of the companies has stated their plans to comply. As part of this new system, FDA released a proposed rule creating a new Veterinary Feed Directive that would require veterinary oversight for all medically important antibiotics administered to animals through feed or water.

FDA has given a three year period for implementation of these new requirements. Farm Bureau has worked with Senator Hill’s office to ensure that all that his bill does is implement the federal guidance document and veterinary feed directive. Senator Hill took amendments at Farm Bureau and other livestock organizations’ request to prevent any unintended consequences on California’s livestock producers. With the amendments, Farm Bureau was able to remove its opposition and the bill passed out of the Committee with a vote of 5-0.

2016-05-31T19:38:02-07:00April 11th, 2014|

NOTICE TO ALL GROWERS IN THE SALINAS VALLEY

The Monterey County Farm Bureau office has learned that Department of Labor is currently conducting inspections and audits in the Salinas Valley on a random basis.

The focus appears to be on the following:

  • child labor law violations
  • transportation of field workers
  • van inspections
  • payroll record keeping.

Please make your field supervisors aware of possible inspection visits. Indications are that they will be in Monterey County for two weeks or more conducting these inspections.

2016-05-31T19:38:03-07:00April 11th, 2014|

Temporary Experimental Variances are Available for Tractor-Mounted Platforms

Cal/OSHA has consistently taken the position, according to the Monterey County Farm Bureau, that use of tractor-mounted platforms to transport workers violates Cal/OSHA safety standards.

These devices are widely used in the state, particularly in the southern Central Valley and on the Central Coast.

Current Cal/OSHA safety standards prohibit “riders on agricultural equipment other than persons required for instruction or assistance in machine operation.”

On February 24, the agency released a memorandum describing how agricultural employers who wish to use tractor mounted personnel platforms to reduce employee fatigue may write to Cal/OSHA to apply for a variance from this standard.

The Occupational Safety and Health Standards Board grants permanent variances, but the employer must show that the proposed variance would provide safety equal to or better than the existing standard.

Information about applying for a permanent variance is available at the Board’s website.

Cal/OSHA grants temporary experimental variances (TEVs), which allow employers to “participate in an experiment . . . designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.”

A TEV will allow you to gather the information necessary for the Board to evaluate a permanent variance application.

Generally, TEVs granted by the agency are valid for one year, and are envisioned to presage an employer application for a permanent variance.

Both permanent variances and temporary variances are granted to employers individually; an employer who has not been granted either type of variance may not use tractor transportation platforms because another employer has been granted a variance.

To apply for a TEV, you must send a signed letter to:

Juliann Sum, Acting Cal/OSHA chief

1515 Clay Street

Oakland, CA 94612

2016-05-31T19:38:49-07:00March 14th, 2014|
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