WG Opposes Mandatory E-Verify Passed Today by Judiciary Committee

March 3rd, 2015

Today, the House Judiciary Committee held a mark-up on the Legal Workforce Act, H.R. 1147, and passed the legislation out of committee on a party-line vote.

The concerns of agriculture featured prominently in today’s mark-up. The devastation agriculture would face and the need to pass a solution for agriculture was mentioned by several committee members on both sides of the aisle. The Ag Workforce Coalition, of which Western Growers is a founding member, sent a press statement in conjunction with the mark-up and yesterday sent a letter to the Judiciary Committee opposing E-Verify without a solution for agriculture.

During today’s mark-up, Republican Congressman Darrell Issa (R-CA), representing northern coastal areas of San Diego County, spoke out strongly against moving legislation in the full House that mandates the use of E-Verify WITHOUT an ag solution. Issa echoed Western Growers long-standing position that any enforcement measures MUST be accompanied by measures to address our industry's current and future workforce needs.

Issa referenced the AgJOBS legislation previously introduced by former California Congressman Howard Berman (D-CA) and the Ag Act bill Judiciary Chairman Goodlatte introduced last Congress and suggested a bi-partisan working group of Judiciary members work on compromise legislation that addresses our industry's needs in conjunction with E-Verify.

His statement represents an important moment in the immigration reform debate.  We are hopeful his leadership on this will persuade other Republican members not to move in the full House on E-Verify without a solution for agriculture. 

If you have not already taken action, we urge you to respond to the action alerts you have received and contact your Member of Congress immediately.

For more information, contact WG’s Ken Barbic.

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10 Most Costly Workplace Accidents and OSHA Trends

March 3rd, 2015

Liberty Mutual Workplace Safety Index recently released its compilation of the 10 most costly workplace accidents for 2014.  These accidents cost a combined $59.6 billion a year in direct workers compensation costs.  Liberty Mutual pulled this data from all of the accidents that caused employees to miss six or more days of work.  The 10 leading accidents are:

1)      Overexertion-lifting, pulling, pushing, holding, carrying, throwing: $15.1 billion

2)      Falls on the same level: $9.19 billion

3)      Struck by equipment: $5.3 billion

4)      Falls to lower level: $5.12 billion

5)      Other exertions-bending, crawling, twisting: $4.27 billion

6)      Roadway incidents with motorized land vehicle: $3.18 billon

7)      Slip or trip without fall: $2.17 billion

8)      Caught in or compressed by equipment: $2.1 billion

9)      Repetitive motions: $1.84 billion

10)   Struck against object or equipment: $1.76 billion

The total of $59.6 billion was 7.5 percent higher than the prior year.  The average fine for an Occupational Safety and Health Administration (OSHA) violation has increased from $1897 in 2013 to $2067 in 2014, which represents a 3.7 percent increase.  During that time period, OSHA revealed that 27 percent of its inspections are now due to employee complaints. 

It’s important to be aware of situations that may cause or increase the possibility for injuries in the workplace. Western Growers Insurance Services (WGIS) provides both safety and insurance consultation to WGA members and policyholders.  If you would like to request assistance in evaluating your workplace or insurance needs, please contact Greg Nelson of WGIS to set up an appointment.

 

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New Heat Regs to Take Effect May 1

March 3rd, 2015

Cal/OSHA is asking stakeholders to provide the agency questions about new heat illness prevention regulations that are in need of clarification. Western Growers members can send comments and concerns directly to Cal/OSHA, Western Growers, or both.  Western Growers, in conjunction with the Heat Illness Prevention Coalition, will send a letter on behalf of the coalition.  

The anticipated effective date of the new regulation is now May 1, not April 1 as earlier reported, subject to approval by the Office of Administrative Law.

For more information, contact WG’s Jason Resnick.

 

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Heat Illness Training for New Regulations

March 5th, 2015

The regulations for heat illness were just updated and expanded by Cal OSHA.  The effective date of these changes is May 1, 2015.  All agricultural organizations must be in compliance by that date which includes updating heat illness prevention plans and distributing copies of the revised plans to all locations where the company operates. 

There are a number of significant changes to the heat illness requirements.  In order to assist companies with understanding these changes and how they might affect your company, a number of organizations will be offering training classes throughout the state.  AgSafe, a non-profit agricultural safety association and a member of Western Growers, will be offering the training on the following dates:

March 10-Napa

March 17-Modesto

March 18-Fresno

March 19-Bakersfield

March 24-Oxnard

March 25-Santa Maria

March 26-Salinas

The cost of the training sessions is $45 for AgSafe members and $65 for non-members.  To get more information, including the location of the sessions, please contact AgSafe at (209) 526-4400 or www.AgSafe.org.

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Arizona ‘Future Leaders’ Participate in Legislative Day in Phoenix

March 12th, 2015

On Tuesday, March 10th, the Arizona representatives of the Future Volunteer Leaders Program participated in a legislative day at the Capitol in Phoenix, Arizona. In attendance were Charlie Montgomery (Rousseau Farming Company, Tolleson), Kyle Smith (JV Smith Companies, Yuma), Alexander Muller (Pasquinelli Produce Company, Yuma), and Trey Rodriguez (The Growers Company, Somerton).

During the day-long event, the Arizona Future Leaders had the opportunity to interact with Western Growers’ government affairs staff, meet with key legislative representatives and officials from the Arizona Department of Agriculture, observe the legislative process in action in committee hearings and on the House floor, and participate in the annual Legislative Ag Luncheon held on the Capitol lawn.

“The primary purpose of the legislative day was to expose our Arizona Future Leaders to the policymaking process at the state level,” said program administrator, Cory Lunde. “Through this experience, we hope they have a better understanding of how Western Growers’ staff and volunteer leadership advocate on behalf of the Arizona fresh produce industry.”

For more information about the Future Volunteer Leaders Program, or inquiries about applying for Class IV beginning in 2017, please contact Cory Lunde 949-885-2264

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WG Seminar: Navigating Best Practices for Successful Sales Contracts

March 12th, 2015

The most effective PACA training the industry has to offer is coming to the Salinas Valley! AND YOU’RE INVITED!

On Tuesday, March 31, 2015, Western Growers and the Grower-Shipper Association will hold a FREE seminar in Salinas, California, to demonstrate to you and your team the best industry practices for completing successful sales contracts.

Gather your sales and credit teams together to hear from WGs own in–house experts Matt McInerney and Tom Oliveri to learn more about:

•       Perishable Agricultural Commodities Act (PACA) and Dispute Resolution Corporation (DRC) tools

•       understanding contract terms of sale

•       interpreting government inspections

•       steps to insure payment

•       …and more!

REGISTER HERE!

SEMINAR DETAILS

Navigating Best Practices for Successful Sales Contracts 

Tuesday, March 31, 2015

11:30 a.m. – 1:15 p.m. (Hosted lunch provided at 11:30 SHARP!)

Monterey County Ag Commissioner’s Conference Center

1428 Abbott Street

Salinas, CA

 Presenters

•       Matt McInerney, Executive Vice President of Western Growers

•       Tom Oliveri, Director of Trade Practices & Commodity Services for Western Growers

Space is limited for this FREE seminar so please REGISTER TODAY!

For questions regarding the seminar, please contact WGs Therese Galvan or Joann Greathead.

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AWC Members Register E-Verify Concerns with House Leadership

March 17th, 2015

Western Growers along with over one hundred and forty members of Agriculture Workforce Coalition (AWC) sent a letter to House leadership today registering strong opposition to H.R. 1147, the Legal Workforce Act, which was reported out of the Judiciary Committee two weeks ago.

The letter lays out agriculture’s opposition to any E-verify legislation that does not include a permanent solution for the industry, specifically the creation of a new guest worker program to meet future workforce needs and a way to retain our current workforce. The letter states:

“The negative risk of an enforcement-only strategy with no surety of reform that provides a work authorization for experienced agricultural workers and a new, flexible guest worker program for long term stability leaves farmers and ranchers no other option than to oppose this bill.”

Although a vote has not been scheduled, the industry laid out clear expectations to House Leadership that E-Verify must not move without a solution for agriculture.

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Join WG in Salinas for a FREE PACA Seminar and Lunch

March 24th, 2015

Next Tuesday, March 31, Western Growers will present a FREE 90-minute PACA training seminar in Salinas at the Monterey County Ag Commissioners Conference Center.  And there's no need to 'PACA' your lunch as a free hosted lunch is included.  Matt McInerney, executive vice president of Western Growers, and Tom Oliveri, director, Trade Practices & Commodity Services at WG, will present and promise to have you out by 1:30 p.m. so you can continue on with your day.  SPACE IS STILL AVAILABLE, so please come by, say hello, grab a sandwich and enhance your PACA knowledge!

Make sure your sales and credit teams participate to learn more from industry experts on:

  * Perishable Agricultural Commodities Act (PACA) and Dispute Resolution Corporation (DRC) tools
  * Understanding contract terms of sale
  * Interpreting Government inspections
  * Steps to insure payment
  *  …and more!

Seminar Details
Tuesday, March 31, 2015
11:30 a.m. – 1:15 p.m. (lunch served at 11:30 a.m. sharp!)
Monterey County Ag Commissioner's Conference Center
1428 Abbott Street, Salinas

Presenters:
Matt McInerney, Executive Vice President of Western Growers
Tom Oliveri, Director of Trade Practices & Commodity Services for Western Growers

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CA DLSE Issues New Guidance on Paid Sick Leave

March 3rd, 2015

The California Department of Industrial Relations Division of Labor Standards Enforcement (DLSE) has updated it Frequently Asked Questions (FAQ) on its Healthy Workplace Healthy Family Act of 2014 (AB 1522) web page.  The following question and answers may have particular applicability to employees who work 10–hour days under Wage Order 14.

Q: What if I work an alternative work schedule of four 10-hour days and I take paid sick leave. How much should I be paid?

A: The paid sick leave law allows the employee to decide how much paid leave time to take, subject to the employer's ability to set a two hour minimum. Therefore, if you have ten hours in your bank, you can request to be paid for ten hours. If you decide to take less time than that in paid sick leave, then you will not receive your full pay but instead, pay for the number of hours that you choose to take. If you are sick for three days and have accrued 24 hours then your employer will have to pay you for 24 hours. However, if you have accrued 30 hours then because the minimum requirements of the statute are 3 days or 24 hours, you will have to be paid for 30 hours.

It is likely that the DLSE would interpret the AB 1522 to require all employees who regularly work 10- hour days to be paid up to 30 hours (i.e., 3 days) of paid sick leave in a calendar year if they have accrued that many hours.

However, under such an interpretation, employees who work fewer than 10 (or even eight) hours in a day, may only be entitled to the number of hours the employee would have otherwise worked on that workday. For example, if an employee missed three days and the employee would have worked 21 hours during that period, the employee would be entitled to 21 hours of paid sick leave. It is recommended that employers add this sentence to their paid sick leave policies:

“An employee may use available PSL up to the number of hours the employee would have otherwise worked on that workday.”

For more information, read the Paid Sick Leave FAQ on the Department of Industrial Relations website, or contact WG’s Jason Resnick at 949-885-2253.

 

 

 

 

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Cal–OSHA Proposes Rules for Use of Personnel Transport Carriers

March 3rd, 2015

The California Occupational Safety and Health Standards Board introduced a proposal to permit the use of agricultural tractors with Personnel Transport Carriers (PTCs) in level field row crop and irrigation operations. The proposal comes following the consolidated petitions from Buttonwillow Land and Cattle Company and Bolthouse Farms requesting the board set standards for the entire farming community related to the use of PTCs.

Following the convening of an advisory committee and public hearing, the board found the proposal would have the effect of reducing or averting heat illness and accidents. The use of PTCs alleviates the strenuous work of laying irrigation pipe by greatly reducing the amount of walking through cultivated soil under the sun.

Although growers strongly supported the use of PTCs in farm production fields and for use on private farm roads to transport workers, Cal/OSHA and labor interests contended that such use is premature pending further evaluation of PTC travel on farm roads. Accordingly, the rulemaking action is limited to allowing PTCs for use during irrigation operations in relatively level, low-lying row crop fields only. 

In addition, the proposal includes provisions for PTC design and construction; required operating conditions; inspections; and training. For example, the proposal requires that PTCs be approved for their intended use as provided in GISO Section 3206.  Existing units built prior to the effective date of the proposal will require that a qualified person inspect and approve the PTC units for structural integrity and design before the units can be placed into service. PTCs would be required to have approved seat belts and suitable steps and handholds for a three-point contact.

A written comment period is open through April 16, 2015, and the Board will hold a public hearing starting at 10:00 a.m. on April 16 in Walnut Creek.  Any interested person may present statements or arguments orally or in writing at the hearing on the proposed changes under consideration.

The rulemaking documents including information on submitting public comments and the public hearing are available on the Board’s website. Copies of the text of the regulations and related information, the Notice of Proposed action and the Initial Statement of Reasons are also available online. 

For more information, contact WG’s Jason Resnick.

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New Heat Regs to Take Effect May 1

March 3rd, 2015

Cal/OSHA is asking stakeholders to provide the agency questions about new heat illness prevention regulations that are in need of clarification. Western Growers members can send comments and concerns directly to Cal/OSHA, Western Growers, or both.  Western Growers, in conjunction with the Heat Illness Prevention Coalition, will send a letter on behalf of the coalition.  

The anticipated effective date of the new regulation is now May 1, not April 1 as earlier reported, subject to approval by the Office of Administrative Law.

For more information, contact WG’s Jason Resnick.

 

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Feds to Farmers: Zero Percent Initial Water Allocation

March 4th, 2015

Yesterday, the Bureau of Reclamation — managers of California’s Central Valley Project (CVP) — announced an initial zero percent water allocation for farmers and cities in the San Joaquin Valley following California’s driest year in recorded history.  The zero percent allocation could increase and will be reviewed monthly by as we move deeper into the current water year. 

The drought conditions are exacerbated by ESA-based biological decisions that continue to restrict the delivery of water to farms and cities south of the Delta.  Even when winter storm events provided opportunities to capture additional runoff, federal and state regulations have required much of the runoff to flow out to sea.         

Western Growers continues to press for action by Congress to mandate more reasonable policies.  It is imperative that Congress pass legislation to end the unreasonable implementation of ESA rules that force project operators to miss windows of opportunity even in the midst of drought.  Opportunities to store and deliver water to areas of the state where it’s needed have been once again lost.

If the initial zero percent water allocation announced by the Central Valley Project (CVP) holds firm through the current water year, it will mark an unprecedented event for water deliveries in California – a second straight year of no federal water for Valley farmers. 

News was slightly better for farmers receiving State Water Project water as the California Department of Water Resources increased SWP allocations to 20 percent from 15 percent previously announced.   

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Shipping Rates and Availability Affected by Port Slowdown

March 5th, 2015

As expected, ports up and down the West Coast remain congested, and the transportation consequences of the work slowdown are starting to appear. Rates began climbing the week the labor agreement was reached and while there have been no drastic pricing spikes thus far, we are seeing a noticeable increase in demand for equipment as more and more cargo is cleared from the docks for shipment to local and interstate destinations.

Port officials in Los Angeles and Long Beach are now indicating that it will take about three months to clear the tremendous number of containers at the ports instead of the four to eight weeks previously suggested. While a significant number of ships still wait to be unloaded, the number has decreased. 

As indicated in the February 24th edition of Spotlight, the WG Transportation Program (WGTP) and our strategic logistics partner, C.H. Robinson, can provide members with access to tools and information to help your company navigate through what is likely to be a period of instability in the transportation market.

If you have not availed yourself of these tools, WG highly recommends you contact CHR’s John Stenderup at 866-771-1270 today.  Both CHR and Spotlight will continue to provide updates on transportation as a result of the port slowdown and other factors. 

 

 

 

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Transportation Outlook Highlighted in March WG&S

March 5th, 2015

The March 2015 edition of the WG&S magazine, which features a transportation outlook, is in the mail and should be in your mailbox soon.  Many of the stories have been posted online on the Western Growers website.  Follow the links below to access these stories.

TRANSPORTATION OUTLOOK

Low Fuel Rates are a Welcome Sight …But Only One Component of Cost

In this story, Luke Gowdy, general manager in the Salinas Valley office of C.H. Robinson, explained that when it comes to raw freight costs, there are three main components in the bucket, each with a fairly equal weight: fuel costs, equipment costs, and labor costs.  While fuel costs are lower than they have been in many years, both labor and equipment costs are on the rise

AG LABOR HASSLES— WILL THEY NEVER END?

In WG President and CEO Tom Nassif’s monthly column, he opines about the ongoing efforts growers face in trying to keep a stable workforce in their fields and packing sheds.

CALIFORNIA MEMBER PROFILE: NISH NOROIAN

Blythe’s Soon To Be Centenarian Still “Growing” Strong

On July 9, 2015, Nish Noroian, the patriarch of Nish Noroian Farms, in Blythe, Calif. turns 100.  Nish’s daughter Nisha recently spoke about her family’s farming history and about her dad. 

THE AMERICAN DREAM

Latinos Flourish as California Strawberry Growers

According to a report by the California Strawberry Commission (CSC) published last year, just about two thirds of the strawberry growers in the Golden State are of Mexican descent.  In the past generation or two, many Mexican laborers have come to the United States looking for work and eventually ended up farming the land.  In fact, while there are also a good number of second and third generation Latino growers, the CSC report estimates that 25 percent of current Latino growers started as farmworkers.

 

The issue also has stories on WG’s new apprentice class, using weather data for better growing decisions, and the ins and outs of an agricultural health care plan.  To see all the major stories and columns in this issue, go directly to the MARCH WG&S page on the WG website.

 

 

 

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Psyllid Detections in Tulare County Continue to Affect Fresno County

March 10th, 2015

On March 6, the California Department of Food and Agriculture (CDFA) announced it was expanding the Asian Citrus Psyllid quarantine area in Fresno County due to two additional detections of the invasive species in Tulare County.  The detections were made along the southern border where Tulare borders Fresno County in unincorporated areas near the city of Orange Cove. 

The approximately 34-squre mile quarantine zone has now been expanded to 84 square miles in Fresno County.  In contrast, all of Tulare County is under quarantine from previous detections. 

The new quarantine area in Fresno County is bordered on the north by E. Kings Canyon Road; on the south by the Fresno County Boundary Line; on the west by S. Alta Avenue; and on the east by an unnamed creek. 

According to a story yesterday in the Visalia Times-Delta, state workers will spray trees within a half mile radius of the finds to try to eliminate any insects in the area.  The fight against the spread of the psyllid to prime citrus producing areas of the Central Valley has even expanded to homeowners.

“In an effort to call attention to the threat, Bayer CropScience and California Citrus Mutual kicked off #CitrusMatters. The campaign will utilize an educational website, www.citrusmatters.us, and the hashtag #CitrusMatters in social media to educate California residents about the dangers of the disease and empower them to take action to help prevent the spread of HLB in California.  The campaign was announced last week at the Citrus Showcase in Visalia,” according to an article published today by the Porterville Recorder.

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Following Court Decision, DOL Shuts Down H-2B Program

March 10th, 2015

In a stunning move following a federal court decision, the U.S. Department of Labor (DOL) has announced that it will no longer accept or process applications for workers under the H-2B program, effectively shutting down the program. 

According to a story published by Reuters, the decision issued on March 4th by U.S. District Judge Casey Rodgers (Northern District of Florida, Pensacola Division) ruled that the DOL did not have the “authority to enforce H-2B regulations.”  The USDOL responded, in seemingly retaliatory fashion, with its own decision to suspend accepting and processing of applications, placing the entire program in limbo. 

The H-2B program has been embroiled in a lengthy battle between the DOL and industry/business groups reliant on the program to provide seasonal, non–agricultural workers. The decision was prompted by a case (Perez v. Perez, No. 3:14-cv-682) brought by a busboy in Jupiter, Florida, Gabriel Perez, who claimed he was financially disadvantaged by the program, alleging that it allowed other workers to earn more money working similar positons that were never advertised publicly.

The Reuters story indicated plaintiffs hoped that the decision would require the government to issue new regulations that would protect workers.  While the court ruled that DOL lacked authority to issue unilateral rules, the court did not order DOL to suspend processing labor certifications which the agency has routinely done as a consultant service for the Department of Homeland Security for over 40 years without a rulemaking.

Food processing operations, as well as many seasonal businesses, rely on the H-2B program to fill temporary vacancies. The suspension will have devastating economic consequences on thousands of employers, their American employees, businesses that supply goods or services to seasonal businesses and local communities across the country. Western Growers urges DOL to immediately resume processing H-2B prevailing wage determinations and labor certifications. Watch for updates and developments on this story in future editions of Spotlight.                

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Brown Reappoints Del Bosque to CA Water Commission

March 12th, 2015

Yesterday, California Governor Jerry Brown announced the reappointment of Western Growers’ member Joe Del Bosque to the California Water Commission.  Del Bosque, a member of Western Growers since 1996, has served on the commission since 2010. The position requires Senate confirmation.  Western Growers strongly supports Del Bosque’s continued service on the commission. 

In 2014, Del Bosque and his wife hosted President Obama during a visit to California to discuss how the drought and water issues are plaguing Central Valley farmers and farm workers. 

Del Bosque is president of Empresas Del Bosque Inc. in Firebaugh, California, and is also a partner at J and G Contract Labor.  He serves as a member of the California Melon Research Board, the California Farm Bureau, and the California Latino Water Coalition.  Del Bosque is past chair of AgSafe, a non-profit organization dedicated to the prevention of injuries and illnesses of workers in agriculture, and formerly served as a director of the Pacheco Water District and the San Joaquin Valley Drainage Authority.

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Lunch & Learn Webinar — The Intersection of Water Efficiency and Nitrogen Use

March 17th, 2015

An op-ed this week in the LA Times from Dr. Jay Famiglietti of NASA’s Jet Propulsion Laboratory in Pasadena stated that California’s drought is so severe that the state’s reservoirs will run out of water in one year.  Enhancing water efficiency is more critical than ever.

WG’s Science & Technology Department has previously held webinars that highlighted regulatory issues related to water quality and safety, as well as strategies to maximize water efficiency.  Building on those topics, Western Growers is offering a webinar to discuss the current tools/technologies utilized in coastal and desert areas to assist with water efficiency, as well as some of the challenges growers face in these areas.  Experts will focus on the best management practices to handle nitrogen and how those techniques relate to water efficiency.

We hope you will REGISTER NOW to join us for this important webinar!

Webinar Details

Tuesday, March 31st

11:30 a.m.-12:30 p.m.

REGISTER NOW

Expert Speakers

Dr. Timothy Hartz, Extension Specialist/Agronomist – UC Davis

Dr. Charles Sanchez, Research Scientist, Soil, Water & Environmental Science – Maricopa Agricultural Center, University of Arizona

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AZ Department of Ag to Hold Regulatory Issues Listening Sessions

March 17th, 2015

The Arizona Department of Agriculture’s Plant Services Division will host two listening sessions in Phoenix and Yuma in early April to gather input on:

·        Current division regulations impacting stakeholder’s businesses

·        Current service delivery and potential process improvements

·        Future regulatory direction/priorities for the Plant Services Division

The Department is looking for input on additional process improvements, enhanced safeguarding measures, and meaningful performance measures for targeted improvement in the near and long-term. Each session will focus on different stakeholder groups.  The notice for each session is accessible through the links below.

The Phoenix Listening session will take place on Tuesday, April 7, 2015.

The Yuma Listening Session will take place on Tuesday, April 9, 2015.

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WG & iFoods Webinar — Harnessing Data to Improve Operational Performance

March 17th, 2015

In today’s world – companies are scrambling to collect information to meet buyer specifications, satisfy regulatory demands and develop records in case something goes wrong.  This is often a massive paper chase that seldom allows key staff the time to put the information to beneficial use in improving company performance, efficiency or food safety programs.

Western Growers has partnered with iFoods to offer the TOOLBOX, a mobile, paperless, scalable, cloud-computing data management system. Data is captured in the field or wherever you may find it.  Once captured, you can access the data in the office, in the field, or through your phone.  You will spend less time completing and reviewing reports for compliance and can spend more time analyzing data and trends and using that information for the benefit of your operation.

The iFoods TOOLBOX offers data security, integration, warehousing and analytics through a private company dashboard that can be customized to assist you in achieving your management objectives.  The tools that are currently available will assist in managing environmental assessments, microbial testing and packing/processing facility verification.

Want to learn more about how to harness data to improve performance, reduce costs and demonstrate how your operation keeps food safe and protects the environment?  Join us for our webinar!

Managing your data – your business depends on it… regulators require it… the market place demands it!

Webinar Details

Your Data, Working for You
Friday, March 20, 2015
9:00 – 10:00am PDT

REGISTER NOW
 

For more information, please contact Stephanie Kettering at 949-885-2364.

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