Dr. David Acheson to Keynote AgTechX Food Safety Event Feb. 2 in Yuma

January 6th, 2022

Dr. David Acheson, President and CEO of The Acheson Group and former Chief Medical Officer at the U.S. Food and Drug Administration’s Center for Food Safety and Applied Nutrition, will deliver a virtual keynote at AgTechX Food Safety event on Feb. 2, 2022 in Yuma, Ariz.

Acheson graduated from the University of London Medical School in 1980, trained in internal medicine and infectious diseases in the U.K., and then moved to the New England Medical Center and Tufts University in 1987. At Tufts, he conducted basic molecular pathogenesis research on foodborne pathogens, especially Shiga toxin-producing E. coli.

At The Acheson Group, he provides strategic advice, recall, and crisis management support to food companies and ancillary technology companies on a global basis for matters relating to food safety and food defense.

AgTechX Food Safety is hosted by the Western Growers Center for Innovation & Technology, the Center for Produce Safety and the Yuma Center of Excellent for Desert Agriculture. The event kicks off a yearlong initiative aimed at food safety technology acceleration to improve the toolkit of rapid diagnostics and prevention technologies.

The event will take place at the Four Point by Sheraton Yuma from 1 p.m. – 5:45 p.m. Please register here for the event: https://pages.agtechxfs.com/yuma-02-02/

Tags: ,
Posted in News | No Comments »

Arizona Governor Delivers Final State of the State; Seeks $1B Investment in Water

January 11th, 2022

On Jan.10, Arizona Gov. Doug Ducey delivered his final State of the State to a joint session of the Arizona Legislature. While recapping successes of the administration over the past seven years, Ducey set an ambitious legislative agenda for the 2022 session.

Most ambitious is a historic $1 billion investment in water resources over the next three years. Focused on ensuring Arizona’s water resources are stable for the next 100 years, the investment looks to invest in a desalination facility on the shores of the Sea of Cortez in Mexico, modeled after the success Israel has found with new desalination technologies.

The governor also focused on education, proposing expanded school choice and summer programs to benefit children who have fallen behind during the pandemic. He also laid out a five-point plan to secure the border with Mexico, increased resources for child safety, and expediating infrastructure projects throughout the state.

You can watch the full speech here.

Tags:
Posted in News | No Comments »

Western Growers Rolls Out HarvestWiki to Support Startups in Tailoring Ag Technologies

January 20th, 2022

Western Growers (WG) has launched HarvestWiki to help specialty crop growers share information about growing operations, allowing agtech startups to have as much crop-specific information as possible when they design and develop agtech solutions for growers. HarvestWiki—which is focused on fruits, vegetables and nuts—can be found at https://harvest.wginnovation.com/. 

Like Wikipedia, the HarvestWiki is a community knowledge platform based on collaboration. The goal is to have a single page for each specialty crop that has all the key information startups need to know so they can innovate better — what are the farming practices, the economics and the edge cases that startups need to know about as they build solutions.

Information from the following three audiences will be crucial to populating HarvestWiki:

  1. Growers, Orchard Operators and Service Providers to Growers/Operators: the subject matter experts that can help provide the crop details that startups need for a full understanding of what they need to build and a rough range of what it needs to cost.
  2. Agtech Startups: start-up companies that are building or planning to build harvest mechanization or automation solutions should use HarvestWiki to understand their product requirements. This includes startups doing weeding or harvest assist, both of which help growers/operators manage their portfolio of labor more effectively.
  3. Investors, Mentors and Advisors: those working with harvest mechanization and automation startups should send those startups to the HarvestWiki page so they can review all of the information on that page and be prepared for their first or next grower conversation.

Click here for additional details about the HarvestWiki. WG encourages member growers to add content for the crop types they grow. WG also asks that startups review the right pages for crop(s) they are developing solutions for.

For guidance on developing the right information for each crop type, contact Walt Duflock at [email protected] or (949) 345-5997.

Tags:
Posted in News | No Comments »

Cal/OSHA Reminds Employers of Feb. 1 Deadline for Posting of 2021 Annual Summary of Work-Related Injuries and Illnesses

January 27th, 2022

California employers must post their 2021 annual summary of work-related injuries and illnesses – including those related to COVID-19 – in a visible and easily accessible area by February 1, 2022, per Cal/OSHA.

The Form 300A summary must be posted each year from February 1 through April 30.

To be recordable, an illness must be work-related and result in one of the following:

  • Death
  • Days away from work
  • Restricted work or transfer to another job
  • Medical treatment beyond first aid
  • Loss of consciousness
  • A significant injury or illness diagnosed by a physician or other licensed health care professional.

Instructions and form templates are available for download from Cal/OSHA’s Record Keeping Overview. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.

Western Growers Insurance Services is a full-service insurance brokerage offering a suite of insurance and tailored risk management solutions to agricultural and related industry members. For assistance, please contact Ken Cooper, Director Risk Strategy for Western Growers Insurance Services, at [email protected]. 

Tags:
Posted in News | No Comments »

Discrimination: Avoiding Legal Landmines

January 7th, 2022

While employers and employees continue to face workplace challenges associated with the shifting landscape of the return to work environment (e.g., decisions about adopting hybrid or remote approaches) it is important to keep in mind the potential risks and how they might be avoided.  Outlined below are a few key issues: 

Equal Consideration; Equal Treatment: Old notions die hard. This is especially true in the workplace where traditional notions of what it means to work – the ‘9-5’ ideal – are struggling against newer perspectives – remote/hybrid opportunities – brough to the fore by necessity. What it means to work and how that “work” is measured can be a source of potential risk especially in a hybrid work environment.  

At this point in our pandemic experience the limits and benefits of remote work are much clearer than they have ever been. Preconceived notions that employees who work remotely are less productive have been proven inaccurate (for at least 20% of the U.S. workforcei). Hybrid work, at least for some employers, provides new opportunities in recruiting, retention, and overall financial health of operations. Nonetheless, some jobs will always require in-person collaboration, specialized machinery, or on-site proximity. For these reasons there remains the risk of workforce inequities. For example, key staff who continue to view those physically present as working harder than those working remotely – and assign or assess work based on such views – risk worsening any actual or perceived inequities (e.g., inherent bias toward those with disabilities or individuals receiving any type of reasonable accommodation).  

It is therefore important that employers are mindful of the potential for unequal treatment when it comes to performance assessment and work assignments. Evaluation standards should be reviewed to ensure equal standards based on company-wide expectations (e.g., output and standards essential to the business) not physical presence. Including supervisory personnel in plans for hybrid (or any future work plans) and providing training on how to lead in a hybrid environment will assist these frontline employees in making solid leadership decisions.  

One For All And, All For One (policies that is): The desire to ‘return to normal’ has prompted many organizations to eschew remote possibilities and push for a swift return to in-person company-wide operations. To avoid potential claims of discrimination based on the application of a facially neutral policy (e.g., one requiring all employees to return to the office) employers should keep in mind the following: 

  • What are the unintended consequences of a company-wide ‘return to the office full-time or face termination’ policy?

  • How will such a policy impact recruiting and retention efforts?  

One unintended consequence could be the impact faced by specific groups of employees: those with dependent care responsibilities (children or ageing parents), those with disabilities or other requested reasonable accommodations. Any policy disproportionally impacting these or other groups of protected employees could be relied on as the basis for allegations of unequal treatment.  

As for impacts on recruiting and retention, statics show record numbers of employees are quitting or contemplating leaving their jobs. Dubbed the Great Resignation, the U.S has seen more than 19 million U.S. workers quit their jobs since April 2021.ii Whether its generational or simply a result of the loss and fatigue experienced by workers during the pandemic, individuals (of all ages) are looking for more from their work experience (e.g., flexibility and autonomy). Employers who fail to seize the opportunity to understand the needs of their employees and what it is they are looking for in an employer, risk losing their edge when it comes to creating a solid workforce. 

To help manage ask potential risk, before implementing company-wide mandates, consider these unintended consequences and brainstorm what efforts the company could make to lessen the burden of those impacted. As always, employers must be mindful of their duties and responsibilities under state and federal anti-discrimination and harassment laws to engage with employees seeking any form of reasonable accommodation. Also consider the impacts of an intractable position on hybrid or flexible work options. Take the opportunity to learn from employees who decide to leave the organization. Exit surveys/interviews can give an employer great insight into employee decision making and future trends within the organization.  

Members with questions about hybrid and/or flexible work policies should contact Western Growers.

Tags: , ,
Posted in News | No Comments »

Update, Update, Who Has the Latest Update?

January 7th, 2022

The final days of December 2021 saw a flurry of action on the COVID-19 front. On December 16, 2021 the Cal/OSHA Standards Board adopted its third version of the Cal/OSHA ETS. On December 20, 2021, the California Department of Public Health (CDPH) published updated isolation and quarantine guidance, but with the upsurge in Omicron cases, updated its update by publishing additional guidelines on January 6, 2022. In the meantime, the newly adopted Cal/OSHA ETS was found to contradict the CDPH causing so much confusion with employers that Cal/OSHA was forced to address the issue by publishing its own updated fact sheet entitled “COVID-19 ETS What Employers Need to Know About the December 16 Standards.” Whew! 

What does it all mean for employers?  

Conflicts between the Cal/OSHA ETS and the newly updated CDPH guidelines has been resolved. Cal/OSHA’s newly published fact sheet confirms that its recommended quarantine and isolation dates have been revised consistent with current CDPH guidelines. Cal/OSHA also makes clear that their recommended timeframes will automatically update if/when CDPH updates their guidelines.  

For additional information: 

Members with questions about quarantine and isolation periods should contact Western Growers.  

Tags: , , ,
Posted in News | No Comments »

EEOC Shortens Time For Filing 2021 EEO-1

January 14th, 2022

The U.S. Equal Employment Opportunity Commission (EEOC) has posted tentative deadlines for 2021 EEO-1 filings. Scheduled to open on April 12, 2022, the EEO-1 filing deadline is tentatively set for May 17, 2022.  

The shortened collection and filing period is a significant change from previous years and represents a major change that could result in even more pressure on employers that were forced to deal with a difficult EEO-1 filing cycle in 2021 that extended late into last year. 

The EEOC has provided additional fact sheets and filing resources which can be viewed on the EEOC’s EEO-1 website. California employers should also keep in mind that 2021 pay data reports are due March 31, 2022. 

Tags: , ,
Posted in News | No Comments »

PAGA Update 2022

January 14th, 2022

A significant change may be on the horizon for California’s Private Attorneys General Act of 2004 (PAGA). On December 15, 2021, the U.S. Supreme Court granted review of a case titled Viking River Cruises, Inc. v. Moriana (2020). Viking River is a 2020 California Court of Appeal decision reaffirming California’s long-standing ruling (Iskanian v. CLS Transp. Los Angeles, LLC) that an arbitration agreement cannot include an enforceable waiver of an employee’s right to bring a representative action under California’s Private Attorneys General Act of 2004 (PAGA)i  A reversal or alteration in Iskanian’s basic tenants could offer broadened avenues for employers seeking to contain all employee disputes within the arbitration forum.  

The U.S. Supreme Court has repeatedly declined review of the Iskanian decision which has allowed California’s PAGA litigation to remain within the civil court system. However, this recent review decision may signal a change at the highest levels. No schedule has yet been announced for oral arguments in Viking River, but it is likely the Court will hear the matter within its 2022 Court term.

Tags: , ,
Posted in News | No Comments »

Update: Cal/OSHA ETS – Federal OSHA

January 20th, 2022

The rollercoaster may have stopped, but the Emergency Temporary Standards (ETS) ride isn’t over yet.

Federal OSHA ETS
January 13, 2022 saw the U.S. Supreme Court rule against the Fed OSHA’s authority to impose its COVID-19 ETS mandate. The Court’s ruling stays the Fed OSHA ETS from taking effect and sends the matter back to the Sixth Circuit Court of Appeals for resolution. Given the Court’s opinion that those in opposition to Fed OSHA ETS implementation “are likely to succeed on the merits of their claim,[i]” and citing a “lack of historical precedent” as a “telling indication” that Fed OSHA has exceeded its authority in imposing the ETS, it is not likely the Sixth Circuit will find in opposition to the Court’s initial findings.

Status of the Fed OSHA ETS: While this case is on remand to the Sixth Circuit, employers are not required to meet any previously noted Fed OSHA ETS deadlines.[ii]

California OSHA ETS (Cal/OSHA ETS)
As discussed here, Cal/OSHA updated the state’s ETS on December 16, 2021. These updates took effect on January 14, 2022 and apply to all California employers. It is important to note that in addition to the Cal/OSHA ETS, employers must also follow public health orders on COVID-19 issued by the California Department of Public Health.

Status of Cal/OSHA ETS: Cal/OSHA Standards Board (the Board) is scheduled to meet on January 20, 2022, and the meeting agenda includes consideration of a Horcher proposal (a verbatim adoption of the federal OSHA regulation) of the Fed OSHA ETS. However, consideration of a Horcher proposal will not take place on January 20, but instead will be delayed until the federal court proceedings have concluded.

The Board’s public meeting agenda current provides for public discussion on potential new mandates relating to vaccination, testing, face coverings, and severability[iii].

Next Steps
If we have learned one thing from the chaos of nearly two years of pandemic-related regulations, mandates, and guidelines it is that patience truly is a virtue. In the early days of the pandemic employees looked to their employers as a trusted source of information and guidance. Honoring that trust with ongoing communication and continued messages of patience and flexibility will strengthen the employer/employee relationship and lead to fewer miscommunications. Employers should not hesitate to speak plainly about the challenges presented with constantly changing regulations and the efforts they are taking to keep employees safe and informed.

Members with questions about Fed OSHA ETS or Cal/OSHA ETS should contact Western Growers.

[i] The initial claim is that the Secretary of Labor lacked authority to impose the ETS mandate.

[ii] The U. S. Supreme Court also ruled on the legality of the Department of Health and Human Services (HHS) Center for Medicare & Medicaid Services (CMS) Program Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule. The Court’s ruling found the CMS vaccination mandates were within the Secretary of HHS’s authority and are enforceable in all states for healthcare workers.

[iii] Severability – in this context – refers to a legal clause that would allow for the remainder of a rule or regulation (e.g., ETS) to remain in effect, even if part of the rule or regulation is deemed unlawful.

Tags: , , , ,
Posted in News | No Comments »

Rethinking Restrictive Agreements in Colorado

January 20th, 2022

New legislation taking effect March 1, 2022 will see stricter enforcement of Colorado’s public policy against restrictive covenants. Colorado’s SB21-271 will impact enforcement efforts for violations of C.R.S. Section 8-2-113. Existing law under C.R.S. §8-2-113 voids certain restrictive agreements such as noncompete and nonsolicitation agreements unless certain exceptions apply[i]. SB21-271 elevates any violation of C.R.S. §8-2-113 to a class 2 misdemeanor; punishable by up to 120 days in jail, a fine of up to $750, or both.

With little to no guidance on how this new enforcement tool will be used, or what constitutes a violation of the new bill, employers should be mindful that any number of actions associated with a restrictive agreement (e.g., requiring an employee to sign, attempting and/or threatening to enforce) could cause potential liability for violating the new statute. Before SB21-271 becomes effective, employers should review existing restrictive agreements to assure compliance with exceptions under C.R.S. §8-2-113.  

Members with questions about restrictive covenants should contact Western Growers.

[i] Exceptions exist for a) purchase or sale of a business or its assets; b) protection of trade secrets; c) recovery of education or training expenses against employees with two or less years of employment; d) restriction on executive or management staff or personnel.

Tags: , ,
Posted in News | No Comments »

Best Practices: Special OT Wage and Hour Provisions

January 20th, 2022

As with minimum wage laws, employers must comply with the state or federal overtime laws that are most protective of the employee. Arizona follows federal law under the Fair Labor Standards Act (FLSA) regarding overtime and must pay nonexempt employees at least 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.[i]

California law is typically more favorable to employees than federal law and (with limited exception) requires an employer to pay overtime to all nonexempt employees (including nonexempt employees being paid a fixed salary) who work over eight hours per day and over 40 hours workweek as follows:

  • 1.5 times the regular rate of pay for all hours worked over eight hours in a day, up to and including 12 hours in any workday and the first eight hours worked on the seventh consecutive day of work in a workweek.
  • Double the regular rate of pay for hours worked over 12 hours in any workday and eight hours on the seventh consecutive day of work in a workweek.

Special Wage and Hour Provisions for California Agricultural Employees
California Wage Orders issued by the state’s Industrial Welfare Commission (IWC Orders) govern various wage and hour issues such as wages earned, hours of work, working conditions, rest and meal periods, overtime, uniforms and equipment, minimum wage, mandatory day off, and reporting time pay. IWC Orders are similar to federal statues, but with important distinctions. Each IWC Order is broken down by industry or occupation. Three specific IWC Orders relate specifically to agricultural employees.

IWC Order #14: Applies to employees involved in farming activities up through harvest (e.g., employees working for growers, farm labor contractors or an agricultural service company).

IWC Order #13: Applies to employees involved in preparation of products for market which are performed on the farm for the farmer’s own crop.

IWC Order #8: Applies to industries handling products after harvest (e.g., packing houses, wineries, etc.).

IWC Order #4: Applies to agricultural employees in clerical and professional occupations if there is no industry order in effect.

Overtime For Agricultural Workers: In accordance with AB1066 (2016) California continues to phase in major changes to its overtime provisions for agricultural employers.

January 1, 2022 was the deadline for large employers (i.e., those with 26 or more employees) to begin paying overtime at 1.5 times the employee’s regular rate of pay for all hours worked over eight hours in a day or 40 hours per workweek and double the regular rate of pay for hours worked over 12 hours in any workday. (See IWC #14 for pre-existing overtime requirements, including on the 7th day of work in a workweek.)

January 1, 2022 also marks the initial phase-in of overtime provisions for small employers (i.e., those with 25 or fewer employees). Projected changes in overtime pay for small employers over the next three years will continue to step down until January 1, 2025 when all agricultural employees – regardless of the size of their employer – will be paid overtime on the same basis as workers in most other industries. 

Visit the California Department of Industrial Relations’ website for current overtime rates, a schedule of upcoming changes, and important FAQs. Members with questions about payment of overtime may also contact Western Growers.

[i] Arizona employers using a fluctuating workweek method of calculating overtime for salaried nonexempt employees should consult counsel to confirm they are using the appropriate overtime calculation method.

Tags: , , ,
Posted in News | No Comments »

Updated California COVID-19 Resources and COVID-10 Paid Sick Leave Deal Reached

January 27th, 2022

The California Department of Industrial Relations has published updated COVID-19 resources to assist employers in complying with California Division of Occupational Health and Safety (Cal/OSHA) Emergency Temporary Standards (ETS) regulations:

California Extends and Expands COVID-19 Paid Sick Leave

COVID-19 paid sick leave is expected to return to California when Governor Newsom signs the upcoming budget proposal, under a deal reached by the governor and leaders of each chamber of the legislator. 

According to details released about the tentative agreement, the new supplemental paid sick leave law would expire on September 30, 2022, and would be retroactive to January 1, 2022. In addition, the law would:

  • Apply to businesses with 26 or more employees.
  • Require qualified employers to provide up to 40 hours of paid sick leave for full-time workers who are sick or caring for family members who are sick due to COVID-19.
  • After 40 hours, employees showing proof of a positive COVID-19 test would qualify for an additional 40 hours of paid sick leave (80 hours total).
  • Provide part-time employees COVID-19 paid sick leave equal to the number of hours typically worked in a workweek.
  • Provide part-time workers showing proof of a positive COVID-19 test paid sick leave at twice the number of hours typically worked in a workweek (presumably capped at 80 hours). 
  • Restore business tax credits to offset the employer’s paid sick leave expenses.

Although not yet effective (and subject to modification), employers should look ahead and begin planning for a quick implementation of additional paid sick leave benefits as the proposed legislation will likely be fast-tracked to the Governor’s office for signature.

Tags: , ,
Posted in News | No Comments »

Be Prepared When Disaster Strikes

January 27th, 2022

Disaster – wildfires, serious illness (COVID anyone?), and the ever-present specter of “the big-one!” – can be a game changer for any business. Even small events such as a burst pipe or loss of technical services can wreak havoc on businesses of all sizes. Adopting a workable standard approach to disaster planning can go a long way toward lowering your businesses risk of experience catastrophic failure should disaster strike.

The Department of Homeland Security (DHS) and its Federal Emergency Management Agency (FEMA) have joined together to provide a “Business Ready” resource to assist businesses in adopting a workable standard for disaster management. The “all hazards approach” is the DHS/FEMA recommended preparedness program. The Business Ready program recommends a five-step process to assist businesses in creating an overarching disaster management program: Program Management, Planning, Implementation, Testing and Exercises and Program Improvement. A few tips for getting started:

  • Identify Your Risk: Assess the level of localized risk for your operations. Looking at the impacts of previous disasters (e.g., earthquake, wildfires, flood) that have occurred in your area will help drive this assessment and give you insight into what might lie ahead. After identifying localized risks think about how your operations might be impacted before, during or after disaster strikes.
     
  • Develop a Plan: Developing a business continuity or mitigation plan will help in automating key steps and communicate pertinent information to those who will need to act quickly under stressful conditions.
     
  • Take Action: Assessment and planning are all necessary steps in getting your operations ready to weather any storm – literally! However, taking the time to put your well thought out plans into action is a key component when it comes to disaster mitigation efforts. Test out your plan to make sure your steps flow together on paper and in practice. Run a test scenario then debrief to answer some basic questions; Are there any holes in the process? Can things be streamlined to assure follow through under pressure? What can and should be improved?

According to FEMA a significant percentage of businesses impacted by a disaster will never reopen their doors. Having a workable disaster plan in place – before disaster strikes – will help mitigate risk and tilt the odds in your organization’s favor.

Tags: , , ,
Posted in News | No Comments »

Supreme Court Blocks Biden Administration’s Workplace Vaccine Rule

January 13th, 2022

Today, the Supreme Court blocked enforcement of U.S. President Joe Biden’s COVID-19 vaccine-or-test mandate for workers at large businesses.

According to Politico, “while challenges to the mandates from businesses and Republican-led states were returned to lower courts, the ruling suggests that the justices are likely to rule against the business rule if the case reaches the court again, but would look more favorably on the mandate for health care workers.”

Western Growers staff will follow news about this action closely and will update members with any pertinent information.

Tags:
Posted in News | No Comments »

“Containergeddon” Results in $2.1B Loss to California Farmers

January 20th, 2022

The supply chain gridlock and shipping container shortage has resulted in California agriculture losing an estimated $2.1 billion (or 17 percent), according to a recent study released by the University of California, Davis.

The report cites that from May to September 2021, the monthly number of containers loaded with agricultural products declined by 18 percent out of Los Angeles, 15 percent out of Long Beach and 34 percent out of Oakland. For context in September 2021, California’s ports exported about 25,000 fewer containers filled with agricultural products than in May 2021, a 22 percent decline.

The results of the findings concluded that “financial damages suffered by California agriculture from the supply chain disruptions exceed the industry’s losses from the 2018 U.S.-China trade war” and “some importers now view California as an unreliable supplier of agricultural products due to inferior port infrastructure.”

Additional key topics covered in the report include the following:

  • data of demand shock and port congestion
  • figures demonstrating California agriculture trade effects

Western Growers has been tracking the transportation and logistics bottleneck when it first started to occur and carried out a series of actions to ease supply chain issues. These advocacy efforts include the following:

  • Lobbied for the House passage of the Ocean Shipping Reform Act (more below), which received strong bipartisan support and will help secure better marine shipping transparency and fairness for ag exporters. WG continues to work on its progress through the U.S. Senate.
  • Signed onto several industry letters to government officials that lay out specific proposals for short, medium, and long term relief measures, including empty container repositioning, restored ship service to the Port of Oakland, and various regulatory relief to ease the congestion.
  • Successfully secured an in-depth oversight hearing on the crisis from the U.S. House Committee on Transportation and Infrastructure, which brought lots of awareness to the ag community’s concerns.
  • Participated in state government roundtables as an agriculture representative to discuss the challenges and possible solutions
  • Holding frequent and ongoing conversations with the White House, U.S. Department of Agriculture, U.S. Department of Transportation, and the Newsom Administration

Resources

  • UC’s “’Containergeddon’ and California Agriculture: Report (pages 1-4)
  • Long Beach Assemblymember Patrick O’Donnell on the Supply Chain Bottleneck: Article
  • Supply Chain Chaos Causing Quite the Freight: Analysis
  • Ocean Shipping Reform Act of 2021
    • Western Growers Celebrates U.S. House of Representatives Passage of the Ocean Shipping Reform Act of 2021: Statement
    • Western Growers Supports Garamendi-Johnson Bill to Address Ocean Shipping Challenges and Reforms: Story
  • Five Points to Know about the Ongoing Port Crisis: Analysis

**If your business is having problems with exporting – including high detention/demurrage or other questionable fees, excessive delays or cancellations, and carrier unresponsiveness – please contact Tracey Chow ([email protected], 202-704-7312)

Tags:
Posted in News | No Comments »

2022 Compensation and HR Practices Survey – Now Open

January 6th, 2022

Western Growers is proud to announce that the 2022 Compensation and HR Practices survey is now open for participation at www.agsalary.com.

The survey submission deadline is April 1, 2022. While Western Growers is focused on the current state of our global health and safety, the association also strives to provide members with access to the valuable insight that the Compensation and HR Practices survey provides. The survey results include key insights, analytics, and data that is vital to keeping compensation, human resource practices, and employee programs current and competitive. Most importantly, this type of industry data is unprecedented in the food and agriculture industry.

Why Participate?

Free Survey Results Report (A $2,500 value!)
Participants will receive a free copy of the 2022 survey results for each module submitted.

Exclusivity
This is the only compensation survey specific to the California and Arizona specialty crop industry and available exclusively to Western Growers members.

Easy to Complete
Survey participation is fast and easy, with efficient online or spreadsheet options that can be completed at your convenience.

Field Worker Data
The fieldworker jobs module of the Compensation Survey includes base pay, incentives, and piece-rate earnings for 23 hourly and professional-level jobs. The fieldworker section of the HR Practices survey reports data on H-2A visa programs, field housing, eligibility for fringe benefits, and special incentive programs.

The Chance to Win a 13” Apple MacBook Air
All members who participate in the 2022 Western Growers Compensation and HR Practices Survey will be automatically entered to win a 13” Apple MacBook Air! At the close of the survey period, one lucky winner will be chosen to receive this amazing laptop, courtesy of Western Growers!

Click here to take part in the 2022 Compensation and HR Practices Survey. 

Tags: ,
Posted in News | No Comments »

Mobile Training Available: Essential Skills for Manager and Employee Success

January 11th, 2022

The most valuable assets of a business are its people. Each person brings unique knowledge, skills, abilities and energy to fuel your organization’s mission. People are also the most unpredictable and most difficult asset to manage. Western Growers University offers on-demand courses to equip businesses with essential tools and resources to develop leaders, upskill supervisors and teach managers about critical Human Resource and Employment Laws. These trainings will help you:

  • Learn practical communication skills to make good management decisions
  • Identify methods to motive and lead your peopleforce
  • Invest in leadership learning as a fundamental means to transformation
  • Provide quick easy access, on-the-go training from any mobile device.

To get a free trial to Western Growers University’s online program, contact Anna Bilderbach, at (949) 439-9740 or email us at [email protected] today!

Tags:
Posted in News | No Comments »

Hot off the Press! First WG Magazine Edition of 2022 Now Available

January 13th, 2022

The January/February 2022 edition of Western Grower & Shipper Magazine will hit mailboxes this week and includes insightful stories about everything from alleviating the Western water crisis to agriculture’s collaborative role in climate change management.

This edition can also be read (and downloaded) here: https://online.flippingbook.com/view/981129293/

Additional highlights from the January/February 2022 edition include:

  • WG President/CEO Dave Puglia on the case for optimism for the fresh produce industry in 2022
  • WG Chairman Albert Keck on the urgent need to tell ag’s story
  • Long Beach Assemblymember Patrick O’Donnell on the supply chain bottleneck
  • Deep dive on Private Attorneys General Act of 2003
  • California Farmworker Foundation’s pillars of support serve to build a community
  • Discussion on single-use packaging ban
  • Farm social media strategies for 2022
  • Highlights from WG Annual Meeting and Organic Grower Summit
  • New COO Steve Mangapit on driving operational excellence at WG

CLICK HERE TO READ THE JANUARY/FEBRUARY 2022 WG&S MAGAZINE

Tags:
Posted in News | No Comments »

PACA Retention of Documents

January 19th, 2022

Shippers often ask how long do they need to retain records before they can be destroyed? The California Department of Food and Agriculture (CDFA), Market Enforcement Branch and the Perishable Agricultural Commodities Act (PACA) both require specific record keeping requirements under their respective regulations. 

The PACA requires documents to be maintained for a period of two years for all accounts, records and memoranda that fully and correctly disclose all transactions involved in their business, including true ownership. Most records that any prudent shipper would normally prepare and maintain, such as invoices and or sales tickets, credit memos, memoranda of sale, freight bills and inspection certificates, must be maintained for a period of two years. As you may know, retention of records for other State or Federal Agencies (e.g. The IRS) require a longer period of time and you should consult with your own accounting or audit firm to ensure compliance. 

Failure to maintain proper PACA records can become costly in two different ways:

  1. Any PACA licensee who fails to prepare and maintain such records is subject to penalties under the Perishable Agricultural Commodities Act, including license suspension. 
  2. A PACA licensee may suffer financially if a dispute arises, and it cannot offer records to support its position. 

The following regulation section applies to every commission merchant, dealer, and broker covered by the Perishable Agricultural Commodities Act as it relates to record keeping: 

Accounts and Records (General) 

§46.14   General.  Every commission merchant, dealer, and broker shall prepare and preserve for a period of two years from the closing date of the transaction the accounts, records, and memoranda required by the Act, which shall fully and correctly disclose all transactions involved in his business. Licensees shall keep records which are adapted to the particular business that the licensee is conducting and in each case such records shall fully disclose all transactions in the business in sufficient detail as to be readily understood and audited. It is impracticable to specify in detail every class of records which may be found essential since many different types of business are conducted in the produce industry and many different types of contracts are made covering a wide range of services by agents and others. The responsibility is placed on every licensee to maintain records which will disclose all essential facts regarding the transactions in his business. 

(b) Every commission merchant, dealer, and broker shall prepare and preserve records and memoranda required by the Act which shall fully and correctly disclose the true ownership and management of such business during the preceding four years. Such records shall include the number and location of all branches or additional business facilities operated by or for the commission merchant, dealer or broker. In the case of a corporation, such records shall include the corporate charter, record of stock subscription and stock issued, the amounts paid in for stock and minutes of stockholders’ and directors’ meetings showing the election of directors and officers, resignations and other pertinent corporate actions. In the case of a partnership, the records shall contain a copy of the partnership agreement showing the type of partnership, the full names and addresses of all partners including general, special or limited partners, the partnership interest of each individual and any other pertinent records of the partnership. 

For those companies domiciled in California and that require a Market Enforcement Branch for a Commission Merchants, Dealers or Brokers license, the following regulation applies, including retention of pertinent records for four years: 

56255. (a) Every licensee shall prepare and preserve the accounts, records, and memoranda required by this chapter which shall fully and correctly disclose all transactions involved in his business. Licensees shall keep records which are adapted to the particular business that the licensee is conducting and in each case such records shall fully disclose all transactions in the business in sufficient detail as to be readily understood and audited. Minimum records required under this chapter are: 

  1. A record of cash received.
  2. A record of cash disbursed. 
  3. A general ledger or its equivalent. 
  4. A record of amounts due California producers. 
  5. A record of amounts due others.  

(b) Every licensee shall prepare and preserve records and memoranda required by this chapter which shall fully and correctly disclose the true ownership and management of such business. 

(c) All records required to be kept under this chapter shall be kept for a period of four years. 
(Added by Stats.1976, Ch.632.) 

For shipper companies domiciled in Arizona, there are no specific State requirements under the Arizona Department of Agriculture for shippers or commission merchants to retain certain records, therefore the PACA regulations would apply in such matters, which would be a two year retention of records. 

In summary, record keeping for PACA is two years; California Department of Food and Agriculture is four years relating to record retention and Arizona would default to the PACA requirement of two years. 

For further information on properly maintaining records, or for any other questions Western Growers members might have, please reach out to Bryan Nickerson at 949.885.2392 or [email protected].  

Tags:
Posted in News | No Comments »

FDA Releases Results of First Domestic Investigation into CEA Salmonella Outbreak

January 25th, 2022

The U.S. Food and Drug Administration this month released its first domestic investigation of a foodborne illness outbreak associated with leafy greens grown in a Controlled Environment Agriculture (CEA) operation.

The outbreak, with cases reported from June 10, 2021 to August 18, 2021, was caused by Salmonella Typhimurium and resulted in 31 illnesses and four hospitalizations. The FDA did not identify the specific source or route of contamination during the investigation, but did identify conditions that may have contributed to product contamination. Those included:

  • Raw materials (nutrient-rich growth media) stored outdoors without adequate protection.
  • Indoor ponds used to grow plants – sanitation practices, procedures and records inadequately documented.
  • Pond water tested positive Salmonella Liverpool, a strain not associated with the outbreak.
  • Facility and equipment design – harvest equipment did not exclude leaves which may have contacted pond water. Overhead condensate dripping on product and on conveyor belts.
  • A stormwater retention pond approximately 25 feet from the CEA tested positive for the outbreak strain of Salmonella Typhimurium.

Although indoor hydroponic agriculture differs from open field agriculture in many ways, FDA concluded that many contamination risk factors are similar to those found in traditional, open field agriculture. Therefore, FDA highlighted the following requirements and recommendations for CEAs:

  1. Assess and understand potential sources and routes of contamination within and around your operations, including adjacent and nearby land use that may impact CEA operations.
  2. Implement effective sanitation procedures and sampling plans, including hygienic operations and equipment design, ensuring cleaning procedures (such as use of high-pressure water) do no disperse microbial contaminants which may be present.
  3. Apply science and risk-based best practices aligned with the Food Safety Modernization Act (FSMA) Produce Safety Rule and good agricultural practices (GAPs).
  4. Maintain proper temperature in cooling and holding areas and monitor processing and storage environments as well as product temperatures to prevent pathogen growth.
  5. Ensure all water used in the operation is of adequate water quality for intended use, including pond water.
  6. Perform root cause analysis (RCA) when pathogens are detected to determine how contamination likely occurred and to implement appropriate preventive measures.

Western Growers Root Cause Analysis offerings fall into three categories: 1) a fresh produce specific RCA guidance, 2) RCA training and education, and 3) RCA consultation services to help you conduct root cause analysis in your operations. For more information, please contact Afreen Malik at [email protected].

Tags:
Posted in News | No Comments »

« Older Entries