POLLUTION REDUCTION Proposal Is All Stick and No Carrot

June 6th, 2016

At the time of this writing, Senate Bill 1383—a bill opposed by Western Growers that threatens to eliminate emissions reductions incentives and increase costs for farmers—is making its way through the Senate and is likely to be heard in the Assembly this summer.

SB 1383, by Senator Ricardo Lara (D – Bell Gardens), would require the California Air Resources Board (CARB) to approve and begin implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants (SLCPs). Specifically, the bill aims to achieve a reduction in methane by 40 percent, hydrofluorocarbon gases by 40 percent and anthropogenic black carbon by 50 percent below 2013 levels by the year 2030.

This bill would have a direct impact on growers’ field and processing operations as it targets black carbon (from diesel emission) and hydrofluorocarbon gases (gases which are used in refrigeration and air conditioning). These emissions are being targeted because they are among the main greenhouse gases that have a relatively short lifetime in the atmosphere (a few days to a few decades) but have greater global warming potential than carbon dioxide.

SB 1383 comes on the heels of the climate change conference in Paris at which leaders from around the world reached an agreement to limit the rise in average global temperature. Everyone wants to protect the environment and ensure a sustainable future. However, the goals that are set must be achievable, efficient and cost-effective. WG staff is educating decision makers on the significant negative impacts this bill would have on growers and ag-related businesses statewide.

 

Implementing Mandates, Removing Incentives

SB 1383 overlooks the fact that voluntary incentive programs have been effective in encouraging business owners to implement sustainable practices and to rotate their equipment to cleaner burning engines. These mandates that require certain reduction targets be met by a given date do not take into account these large investments that industries—such as agriculture—have already made as early adopters of incentive programs.

Farming organizations and ag-related businesses are typically first in line when it comes to embracing policies that put farming practices on a more sustainable trajectory. Upgrades to equipment or technology are costly, but when growers have government support from incentives—such as grants and trade-in programs—the cost is easier to bear. With the mandates SB 1383 is proposing, those incentives are no longer available for use.

There is also the issue that these standards are uniformly applied across all industries. Marginal costs vary industry to industry; since SB 1383 is not tailored to any source and leaves absolutely no room for flexibility, it is unlikely that this mandate is the most cost-effective way to decrease emissions.

 

The Unintended Consequences of SB 1383

Command-and-control policy tools like mandates could have several drawbacks and result in unintended consequences. Innovative technologies play a significant role in solving the biggest global challenges such as environmental sustainability, food security and economic stability. There is no incentive to research new and creative ways to reduce emissions because “polluters” have very little choice about how to meet the mandates.

SB 1383 provides CARB with full, and largely unaccountable authority, to implement this SLCP reduction strategy. Many unanswered questions remain. What will happen to the investments that agriculture has already made to reduce black carbon emissions? Will those emissions reductions be incorporated or counted into the new goal set by SB 1383? What happens to the existing equipment inventory that farmers have recently purchased or traded-in as part of a grant program? Will they become stranded assets due to the fact that CARB will have to set much steeper SLCP goals? How do the proposed reduction goals in this bill relate to those in AB 32?

These are just a few important questions that remain unanswered. California agriculture plays a key role in our state’s economy and culture. This bill places an additional burden on daily agricultural operations and is based upon unrealistic emissions reductions expectations.

 

Water Efficiency: WG Study on Drip Systems Shows Dramatic Improvements Are Possible

June 6th, 2016

Water use efficiency has long been a priority for produce growers in the United States, but with diminishing water resources there has been a renewed urgency to improve efficiency in irrigation systems.

Western Growers, in concert with JR Simplot Water Services and The Toro Company, recently concluded a study to evaluate distribution uniformity in drip irrigation systems in key produce regions in California, including both the Oxnard Plain and the Coachella Valley.  This study was done in cooperation with Western Growers members who were interested in water efficiency and will be published soon to provide useful information to those operating drip systems.

An irrigation system’s uniformity of water distribution or distribution uniformity (DU) is a key measurement of a system’s water use efficiency.  If water is not distributed evenly or uniformly on a field, areas receiving less acre-feet of water may have poorer plant health and reduced crop yields.  Conversely, to compensate for unequal distribution and avoid reduced yields, the system must over-irrigate.

DU, expressed as a percentage, is considered outstanding when above 90 percent, as good between 70-90 percent, and poor when it is below 70 percent.  Operating with a DU above 90 percent makes good economic sense in that DU correlates closely to crop yield and reduces costs related to increased water use, which includes the water itself, energy to power the system, and often fertilizers and other chemicals run through drip systems.

These increased costs can be significant.  For example, an irrigation system operating at 75 percent DU versus 85 percent DU can use more than twice the water, three times the fertilizer and increase energy cost by three times.  In addition to increased costs, poor DU also impacts yield revenue.  A study in 2014 (J Anshutz, “Retrofitting your irrigation system for success and profitability”) assumed an average yield of 2,500 pounds per acre and a crop value of $3 per pound.  In a field with 85 percent DU, the author estimated a per-acre revenue loss of $188 due to DU degradation, while in a field with 75 percent DU, the loss grew dramatically to $563 per acre.  These numbers increase substantially as DU further degrades below 70 percent, demonstrating a real impact on the bottom line for growers using poorly designed and maintained irrigation systems.

Some of the key observations during the study included the following:

•   Water quality plays a key role and is critical to achieving uniform water distribution in a field.  Irrigation water that comes from municipal, surface, or well sources may have very different water quality profiles.  It must also be noted that water quality can change dramatically throughout the year depending on the water source or quantity available. Many substances in irrigation water can damage drip irrigation system components.  Analyzing water quality prior to irrigating with a drip system will best ensure system maintenance is tailored to appropriately mitigate potential problems that may occur due to the water quality profile. Proper system maintenance to maximize DU is critical for maximizing crop yields. In fact, there is an estimated 1:1 correlation between DU and crop yield, so a 5 percent increase in DU would equate to a 5 percent increase in yield in addition to the savings of water, chemicals and energy.

•   The maintenance and cleanliness of the system had a strong bearing on DU.  The lack of system maintenance was observed in all the study systems.  Routine maintenance and cleaning is essential to maximize performance—even when new parts are added to a system.  The condition and subsequent functioning of equipment or parts quickly becomes equivalent to the old parts when they are added to a dirty system.  When drip tape is not cleaned, buildup of algae, bacterial and fungal slime, biofilms, and mineral deposits rapidly reduce the water flow through the system resulting in unevenness in distribution and decreased water use efficiency.  Drip tape and upstream components need to be regularly flushed with antimicrobials and/or cleaning solutions in order to maximize their performance.  Due to the reduced water quality of surface water sources, especially reclaimed water, drip irrigation systems using this water have significantly more problems with reduced DU than systems sourcing from wells or municipal water providers.  Use of poor quality water requires additional cleaning and maintenance efforts to maintain system performance.

•   Water pressure also plays a significant part in achieving good DU.  All of the systems involved in the study needed to improve pressure by installing pressure gauges and regulating valves.

•   Equipment and design also influence DU.  It is important to choose parts that are appropriately designed for your drip irrigation system and the area to be irrigated.  For example, not all drip tape is equal.  Some systems did not use drip tape that was well-suited for the area that was to be irrigated.  These systems had very long runs and would have benefitted from using a different type of tape that is better suited for systems with longer runs.  Some systems were especially leaking and would benefit from installation of insert tape fittings to improve connections and reduce leakage.  Several of the study participants lacked flow meters on their systems or although they installed flow meters, they neglected to use them.  Flow meters provide valuable information for understanding how much water is being used and how fast it is being pumped.  These numbers are key factors in determining water use efficiency.

 

Study Recommendations

The study emphasized the importance of using proper equipment and appropriately maintaining that equipment for achieving optimal DU in drip irrigation systems.  Proper use and maintenance of irrigation systems may be time-consuming, but absolutely critical for achieving maximum water distribution uniformity, an essential factor for maximizing water use efficiency and crop yield.

A summary of the study recommendations include:

•   Ensure your system components are well suited for the size of the field being irrigated.

•   Establish SOPs for system maintenance and schedule system inspection and cleaning on a routine basis based on water quality profile.

•   Flush system with antimicrobials and/or cleaning solutions to prevent biofilm and slime formation and to dislodge any that is already established.

•   Install flow meters and regularly use them to monitor water use efficiency.

•   To reduce/prevent leakage, install tape fittings to improve connections.

•   Install injection ports and filters at appropriate places in the system for cleaning purposes and to reduce particulate buildup.

•           Install pressure gauges and regulating valves to ensure water pressure is sufficient to support a suitable DU.

Dude, Where’s My Dam?

June 6th, 2016

Where are the new dams?

That question has been asked, often quite loudly, by many Californians in the months since voters overwhelmingly approved Proposition 1, the 2014 water bond that authorized $7.545 billion in funding for various projects and needs, and specifically allocated $2.7 billion for storage projects.

Some have questioned whether the Brown Administration is holding things up by creating a long regulatory process that will guide the California Water Commission’s decisions on where and how the $2.7 billion will be spent.

We have legitimate reasons to criticize the Brown Administration these days, but this isn’t one of them.  Here are two reasons why:

First, the actual text establishing the rules and processes for distribution of water storage funds in the 2014 bond, Proposition 1, is identical to the text the agriculture industry negotiated and applauded in 2009 when then-Governor Schwarzenegger signed SBX 7-2, save for implementation dates and deadlines that had to be changed to reflect the passage of time.

Those rules and processes require that the taxpayers of California will only pay for defined public benefits of a new storage project, and that in any case no more than 50 percent of a storage project’s cost can be funded this way.  Defined public benefits include improvements to the Delta ecosystem, water quality improvements, flood control, emergency water supply and recreational activities.  The remainder of the project must be funded by the private beneficiaries of the storage project, i.e., the water users who will receive new water yield for their own beneficial use.

That 2009/2014 text also creates a regulatory process, overseen by the California Water Commission, to develop the criteria and methods for the evaluation and ranking of storage projects competing for these dollars.  The heart of this process is known as the “quantification of public benefits.”  Because the ultimate outcome is the allocation of general obligation bond moneys to eligible projects, the Water Commission (with technical assistance from the Department of Water Resources) must essentially monetize the public benefits of each project applying for bond funds.  For example, a storage project that will cost $2 billion to build could receive up to $1 billion in bond funds, if its public benefits were valued at $1 billion under the state criteria.  Creating the formulas and processes that will determine how to set those values is the focus of the Water Commission’s work right now.

The 2014 water bond sets December 15, 2016 as the deadline for this process, and allows for water storage funds to be allocated to qualified projects only after that date, which brings us to the second reason this process shouldn’t be rushed:  The entities proposing Prop. 1 funding for two new reservoirs—Sites and Temperance Flat—needed this time to perfect their competitive proposals for these dollars.

Proposition 1—like the 2009 bond before it—makes surface storage projects identified in a previous process, known as “CalFed,” eligible for funding.  Other storage benefit projects can also compete for funding, including groundwater storage and contamination prevention and remediation projects that provide storage benefits, conjunctive use and reservoir reoperation projects and local surface storage projects that benefit the state’s system and provide public benefits.  When this text was crafted in 2009, the legislative sponsor, then-state Senator Dave Cogdill (R-Modesto) and Gov. Schwarzenegger saw the public benefits requirements as naturally favoring the large surface storage projects.  After all, if improving flows into the Delta for habitat and species is a public benefit, it’s hard to see groundwater projects competing with new reservoirs upstream of the Delta.  Similarly, it’s tough to imagine how a groundwater project provides public recreation or flood control benefits.  Nonetheless, the water bond text sets up a competitive process to allow the Water Commission to rank each applicant on the public benefits.  The joint powers authorities that will make that case to the Water Commission for both Sites and Temperance Flat needed this time to form and establish governance policies, prepare finance and operations plans, and get their best case ready for presentation to the Water Commission.  The timeline built into the water bond has helped keep all competitors at the starting line, which has helped those with the biggest and most expensive proposals.

The challenge now is keeping the regulatory process from deviating from the intent of the bond text itself, and more importantly, from the will of the voters.  Environmental activist groups have been advocating a twisted interpretation of the bond’s requirements for storage funding that would prevent new dams from being funded.  As the Brown Administration completes the regulatory process for storage funding, they would do well to remember that when the voters of California approved Proposition 1 by a margin of more than two-to-one, they were declaring their support for the state to build new surface storage infrastructure.  There is much more to Prop. 1 than that, but building new dams was the dominant theme of the campaign, and the voters said, “Yes.”  Their will must not be thwarted.

Three Legends Pass On

June 6th, 2016

Within about a month of each other, three prominent members of the produce industry in the western half of the United States died.  Each had served agriculture well and was a leader in the industry in every sense of that word.

 

George Tanimura (1915-2016)

 

On April 15, George Tanimura, the founding co-chairman of the board of Tanimura & Antle, died at the age of 100.

Mr. Tanimura was the eldest of 12 children of Eijiro Tanimura, who began farming in the San Juan Bautista area of California about a century ago. At the untimely death of his father at the age of 46 in 1935, oldest son George, at the young age of 20, took over the reins of the family business running the growing operation.  It was from this start that George Tanimura built the Tanimura family farming operation that would be an integral part of the pioneering Bud Antle Inc. firm and a full partner in Tanimura & Antle, which was formed in 1982.

After taking over control of the family enterprise in the midst of the Great Depression, George Tanimura was faced with quite possibly the biggest challenge of his life, which was to navigate the war years and emerge whole again. Most of the Tanimura clan spent the war years in an internment camp in Arizona, losing everything they had.

When the war ended, the Tanimuras came back to the Salinas Valley and started from scratch once again. Eventually they pulled their money together and in the late 1940s they bought a 20-acre ranch and started farming once again. The Tanimura family began a farming relationship with Bud Antle, who had launched Bud Antle Inc. in 1942. Soon the Tanimuras began to grow exclusively for that firm and thus began the relationship that endures to this day. Bud Antle Inc. became the largest lettuce shipper in the country and the Tanimura family became its largest grower.

In 1982, Mr. Tanimura, along with his brothers, formed Tanimura & Antle with the Antle family. This partnership joined the Tanimura growing expertise with the Antle packing, marketing and shipping expertise. Mr. Tanimura and Bob Antle became inseparable partners and co-chairmen of the board, and built the company to what it is today.

 

John R. Norton III (1929-2016)

 

John R. Norton III, a tireless advocate for the fresh produce industry largely credited with establishing the all-important Trust provision of the Perishable Agricultural Commodities Act, died on Sunday April 17, at the age of 87 at his home in Arizona.

Mr. Norton was a third generation Arizonan whose father was also a well-known farmer and pioneer in the lettuce business. John Norton III was active in many industry organizations over the years and also served for several years beginning in 1985 as Deputy Secretary of the U.S. Department of Agriculture during Ronald Reagan’s presidency.

Mr. Norton was the 1980 chairman of the board of Western Growers (WG) and in 1982, he served in the same position for the United Fresh Fruit & Vegetable. During that time period he hatched the idea of establishing a priority position for fresh produce producers in the event of a receiver bankruptcy patterned after the Packers and Stockyard Act.

Mr. Norton was born April 10, 1929, in Phoenix where he was raised. He attended Stanford University for one year, but graduated in 1950 from the University of Arizona with a Bachelor’s of Science in Agriculture. He remained involved in U of A throughout his life, serving on many committees and boards, and donating to many university causes.

After meeting and marrying Doris Schaefer, the couple moved to Blythe, CA, where he founded the J.R. Norton Company, a diverse farming operation with production in both California and Arizona.

His list of honors both in and out of the industry is prodigious, including the Western Growers Award of Honor in 1985 and the U of A “Bear Down” Alumnus Award.

 

Ralph Bodine (1942-2016)

 

Ralph Bodine was a former chairman of Western Growers and also was an Award of Honor Recipient for the group. His career was also distinguished by his chairmanship of Sunkist Growers Inc.

Mr. Bodine died on March 7, 2016, at age 73. He was born on October 1, 1942, and was married to his wife Linda for 35 years. Together they had six children.

A graduate of Princeton University, Mr. Bodine was a great leader, man of integrity and a prominent voice in the fresh produce industry. A grower of a variety of fresh produce, he switched to an all-citrus operation in the early 1980s. He was involved with numerous boards during his career, serving as chairman of Western Growers Board of Directors in 1985. He also served as chairman of Sunkist from 1986 to 1989. In 1990, Western Growers honored his distinguished career by making him its Award of Honor recipient.

His father, Arthur Bodine, founded the Bodine Produce Company in Phoenix, and was an active member of Western Growers, also serving as chairman of the association.

 

 

Reality of Food Waste Addressed in Lunch & Learn

June 9th, 2016

Food waste in the 21st century is difficult to conceive but the issue is becoming more prevalent as the population increases. With the global population expected to reach 9.7 billion by 2050, we will need to increase our food supply by 70 percent. Key challenges to accomplishing this include land and water availability and the need for innovative and new technologies to address agriculture’s biggest challenges—but we often ignore food waste.   

Current statistics on food waste present a staggering reality that should not be ignored. While some food waste may be inevitable along our supply chain system, reducing food waste sounds like a no-brainer, yet we all have different ideas about the problem and solutions. This month’s Lunch & Learn will provide an overview of this reality, and current statistics, challenges and initiatives to reduce food waste. Join us to hear about this topic and share your thoughts!

WEBINAR DETAILS

Lunch & Learn Webinar: The Reality of Food Waste

Date: Thursday, June 23, 2016

Time: 11:30 a.m. to 12:30 p.m. PST

Speaker: Dana Gunders, Staff Scientist, Food & Agriculture Program, National Resource Defense Council. Bio.

WG MEMBERS REGISTER HERE

Participation is complimentary and available to WG members only.

Contact Sonia Salas at (949) 885-2251 for questions about this Lunch & Learn webinar. For more information about food waste, read “Food Waste: Reality Check.”

Vote for 2017-18 WG Board of Directors

June 14th, 2016

Nomination Ballots to elect Western Growers Board of Directors to a two-year term encompassing 2017 and 2018 have been mailed to all regular members. Your nomination ballot should arrive at your office this week.

All regular members are encouraged to cast their secret ballots for candidates whom they believe will best represent their geographical area on the Board. Please take a few moments to complete and mail your ballot as soon as possible.

Your nomination ballot must be received by Friday, July 1, 2016. The Western Growers Audit Committee will tabulate and verify the ballot count and also verify the final election results later this year.

If you have any questions regarding the election process, please contact Randy Hause at 949-885-2265.

THURSDAY – Lunch & Learn Discusses Food Waste Issue

June 21st, 2016

Food waste in the 21st century is difficult to conceive but the issue is becoming more prevalent as the population increases. With the global population expected to reach 9.7 billion by 2050, we will need to increase our food supply by 70 percent. Key challenges to accomplishing this include land and water availability and the need for innovative and new technologies to address agriculture’s biggest challenges—but we often ignore food waste.   

Current statistics on food waste present a staggering reality that should not be ignored. While some food waste may be inevitable along our supply chain system, reducing food waste sounds like a no-brainer, yet we all have different ideas about the problem and solutions. This month’s Lunch & Learn will provide an overview of this reality, and current statistics, challenges and initiatives to reduce food waste. Join us to hear about this topic and share your thoughts!

WEBINAR DETAILS

Lunch & Learn Webinar: The Reality of Food Waste

Date: Thursday, June 23, 2016

Time: 11:30 a.m. to 12:30 p.m. PST

Speaker: Dana Gunders, Staff Scientist, Food & Agriculture Program, National Resource Defense Council. Bio.

WG MEMBERS REGISTER HERE

Participation is complimentary and available to WG members only.

Contact Sonia Salas at (949) 885-2251 for questions about this Lunch & Learn webinar. For more information about food waste, read “Food Waste: Reality Check.”

PRESS RELEASE: New Careers in Ag Program Links STEM Education to Agricultural Workforce

June 22nd, 2016

Western Growers bolsters ag workforce with newly launched career pathways program to increase number of STEM college students pursuing jobs in agriculture

IRVINE, Calif. (June 22, 2016) – In an effort to fill the agricultural workforce gap, Western Growers has launched a Careers in Ag Program to encourage college students to pursue science, technology, engineering and mathematics (STEM) careers within the agricultural industry. 

The United States Department of Agriculture (USDA) recently reported that while there are 60,000 agriculture job openings expected annually in the nation, there are only 35,000 graduates available to fill them. Answering USDA’s call to help bolster the agricultural workforce, Western Growers’ new Careers in Ag Program introduces students to the educational pathways—courses, majors, internships—that lead to STEM careers in agriculture and related industries.

“Western Growers is helping to lead the effort in building a highly-skilled agricultural workforce and shaping the next generation of ag pioneers,” said Tom Nassif, president & CEO of Western Growers. “With the global population reaching 9.3 billion within the next 30 years, the agriculture industry will be growing at an even faster pace. We are going to need a skilled, knowledgeable and innovative future workforce to help feed the world.”

The program looks to 1) encourage students to pursue and apply their STEM-related degrees toward a career in agriculture and 2) facilitate career placement between students and agricultural organizations. Western Growers partnered with Cal Poly Pomona and University of California, Davis, to bring forth the first cohort of students to participate in the program on June 13-15, 2016. A total of sixteen students from these two universities participated in the three-day tour of agriculture and technology operations in Salinas and other locations in Monterey County.

Students met with agricultural companies that offered STEM-related career opportunities, as well as connected one-on-one with successful agricultural professionals in the STEM field. Additionally, career advisors from UC Davis and Cal Poly Pomona were in attendance to make a direct connection between the curriculum and potential STEM careers in agriculture. Western Growers’ member companies—including Tanimura & Antle, California Giant Berry Farms, Ocean Mist Farms, Ramsay Highlander, GreenGate Fresh and Seminis, Inc.—and other agricultural pioneers—like SmartWash Solutions, USDA, UC Cooperative Extension and Western Growers Center for Innovation & Technology—guided students in learning more about a variety of topics from soil science and innovation/technology to food safety and engineering/robotics.

To obtain images of the Careers in Ag Pilot Program or interview Western Growers or any of the students who participated in the first cohort, contact Stephanie Thara at [email protected] or (949) 885-2256.

About Western Growers:
Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in Arizona, California and Colorado. Our members and their workers provide half the nation’s fresh fruits, vegetables and tree nuts, including nearly half of America’s fresh organic produce. For generations we have provided variety and healthy choices to consumers. Connect with and learn more about Western Growers on our Twitter and Facebook

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REMINDER — WG Board of Directors Nominee Ballot Deadline is Friday, July 1

June 28th, 2016

Planning for the July 4th holiday may be keeping you busy but don’t forget to submit your nomination ballots to elect the 2017-2018 Western Growers Board of Directors.

Your nomination ballot must be received by this Friday, July 1, 2016. 

All regular members are encouraged to cast their secret ballots for candidates whom they believe will best represent their geographical area on the Board. Please take a few moments to complete and mail your ballot now.

The Western Growers Audit Committee will tabulate and verify the ballot count and also verify the final election results later this year.

If you have any questions regarding the election process, please contact Randy Hause at 949-885-2265.

 

Fraud Alert — Growers Being Targeted with Fake Invoice Scam

June 28th, 2016

Western Growers has been made aware of a scam targeting growers by one of our members and we want to alert other members to it. The scammers are using owner’s email addresses and targeting the company controller by submitting fake invoices. We understand this is how it happens:

  • Owner’s email is compromised
  • A new domain is created similar to the legitimate domain name (Spelling may be off; they may insert double letters where there should be only one or substitute similar letters like an ‘N’ for an ‘M.’)
  • An invoice is submitted requesting a wire or ACH payment

One fraudulent invoice was submitted by “Sharon Amos LLC” for “Business consultancy and Services” for $17,600.

Several members have already been targeted, but fortunately the scam was recognized before any payment was ever made.   

Please be sure to check all invoices carefully.  If you have any questions, please contact Jason Resnick at (949) 885-2253.  

New Colorado Law Gives Employee Access to Personnel Files

June 30th, 2016

On June 10, 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432 that requires employers to allow current and former employees to inspect and copy their personnel files. The new law goes into effect on January 1, 2017.

Under HB 16-1432 current employees are entitled to inspect and copy their own personnel file at least once per year. An inspection of records must be done at the employer’s office and at a “convenient” time for the employer and employee. Former employees may conduct one inspection of their personnel file after termination of employment. The employer may require that any inspection of personnel files take place in the presence of a person designated by the employer (e.g., the human resources manager). The employer may charge the employee or former employee for the reasonable cost of copying the documents.

“Personnel file” is defined as the employee’s personnel records that are used or that have been used to determine the employee’s qualifications for employment, promotion, additional compensation, discipline, or termination. It does not include documents that are required to be placed or maintained in a separate file under state or federal law; confidential reports from prior employers; active criminal investigations, disciplinary investigations, or regulatory agency investigations; or documents that identify a person who made a confidential accusation, as determined by the employer, against the employee.

The new law expressly does not create a private right of action by an aggrieved employee or former employee and does not require an employer to create, maintain, or retain a personnel file or retain any particular documents for any specified period of time.

In preparation for the January 1, 2017, effective date of the new law, Colorado employers may consider doing the following:

  • Establish a protocol for complying with personnel file inspection requests
  • Train managers and supervisors regarding the requirements of the new law and the process by which the company handle inspection requests
  • Ensure that personnel files contain documents that should be there and do not contain documents that are excluded from the law’s definition of “personnel file” (e.g., I-9 forms, protected medical information, workers’ compensation documents, etc.)
  • Ensure the company’s record retention policy with regard to personnel files is compliant and implemented pursuant to applicable law

For more information, contact Jason Resnick at (949) 885-2253.