Rightway: How to Enhance the Patient Experience

August 1st, 2023

By Tim Cheatham, Project Management Specialist

Western Growers Assurance Trust (WGAT) recently introduced the WGAT Healthcare Concierge powered by Rightway, a groundbreaking service designed to revolutionize the healthcare experience for WGAT members. There are many reasons behind the development of this service and why we chose Rightway Healthcare as our trusted partner.

According to The Patient Experience (PX) Revolution in Healthcare study by Talkdesk Research, 78 percent of patients believe engaging with healthcare systems through their preferred channels is crucial. In response, WGAT recognized the need to enhance patient experiences, empowering members to manage their healthcare effectively.

After rigorous evaluation, we carefully chose Rightway Healthcare as the ideal partner for the WGAT Healthcare Concierge. Rightway is a leading healthcare navigation and advocacy platform that seamlessly blends technology and a human-centered approach to transform patient interactions with healthcare.

The WGAT Healthcare Concierge brings a multitude of benefits and features to enhance the healthcare experience of our members. With Rightway’s user-friendly platform, members enjoy simplified healthcare navigation and personalized guidance in finding the right providers and treatment options, helping them make more informed decisions when it comes to their health. The dedicated care team, consisting of U.S.-based healthcare experts, provides comprehensive support throughout a member’s healthcare journey. Whether it’s scheduling appointments, reviewing medical bills, seeking second opinions or accessing telehealth services, the care navigators ensure that members receive the care they deserve.

To make the healthcare experience even more convenient, the WGAT Healthcare Concierge offers a seamless digital experience. Through the user-friendly mobile app and web portal, members can easily access their medical plan information, communicate with their dedicated care team and receive personalized recommendations. The power is at the member’s fingertips, allowing them to take control of their healthcare journey anytime, anywhere.

We understand the burden of healthcare costs, which is why the WGAT Healthcare Concierge incorporates tools to help members make cost-effective decisions. By comparing prices for services, members can identify cost-effective options, saving them money and reducing financial stress.

WGAT’s commitment lies in providing a healthcare experience that caters to our members’ needs and preferences. The WGAT Healthcare Concierge powered by Rightway offers a unique opportunity to enhance patient engagement, simplify healthcare navigation and make better decisions about healthcare costs.

With the WGAT Healthcare Concierge powered by Rightway Healthcare, Western Growers Assurance Trust is here to support you in your journey toward improved health and well-being.

If you currently do not have a WGAT plan and would like to learn more about how we can assist you in managing your healthcare costs, we encourage you to contact Western Growers Insurance Services. Our dedicated sales team members are available at (800) 333-4WGA to provide you with the information you need.

Guidance for Agtech Startups

August 30th, 2023

The slide below is from one of the decks I reviewed this week.

I see this in various forms way too often, and this is a good example. In this case, the startup has done a five-year set of projections starting with actual numbers from 2022 and half of 2023 (remainder projected) and then forecast out 2024, 2025 and 2026. See if you can spot the red flag. It’s the S&M line (Sales and Marketing). This slide and that line leads to a few questions, and some of them would lead to a few more.

1) What accounted for the lift from 2022 to 2023? Was that sales, marketing or both? Was it for people or for marketing campaigns and how much for each? Increasing from $238k to $1.74M is a huge lift for a single line item in one year (especially because the deck is being used in August 2023, so 2/3 of the year with the lift is almost over). Who is the executive that is going to build the sales and marketing team, and have they built a team that big that fast before? Have they managed sales and marketing teams before? If not, expect a lot more questions from investors.

2) Then look at the 2024, 2025, and 2026 numbers for revenue. From 2023 to 2026, the forecast is projected to go from $8.5M to $21.6M in revenue, yet S&M only goes up by $120k. You’re asking an investor to believe that you can achieve 150 percent growth in revenue with a 6 percent growth in S&M expenses. That is not going to pass the sniff test without a few more details. If you’re going to be paying sales reps and putting them on a $2M quota, you’re expecting to get six to seven new sales reps worth of quota attainment without having to hire new people or run extra marketing campaign costs. That is a big ask. Things might get uncomfortably warm during this set of questions.

Bottom line, this type of spreadsheet will be seen as a top-down exercise. It may be enough for an early-stage fund raise (the startup in question has raised $5-7M over eight years with the most recent close from about three years ago.) The next raise is likely to be in the $5-10M range and you should expect the investors to start to ask more detailed questions as the round size goes up. To avoid tough questions on the financial slide, just make sure to tie bottoms-up and tops-down numbers so that they tie together with ratios and numbers that make sense and fit investor expectations. You can find a Google Doc I built to help with this exercise here. Building a good financial slide is important because you want to spend time discussing your big vision and long-term potential with investors more than the details of the financial slide. You can fund raise better off vision then diving deep on the numbers.

A lot of startups and those in agtech have found value in this information on my post about it on social media. Jacob Reynolds said “I appreciate the real-life example vs. theoretical. Always makes for a better post and relatable to others in a similar positions!” Sharing this kind of information is one of the ways that the Center of Innovation and Technology works to support and drive change in agtech.

Dave Puglia, Dennis Nuxoll Reappointed to Federal Trade Committees

August 30th, 2023

Western Growers President and CEO Dave Puglia has been reappointed to the Foreign Agricultural Service Agricultural Policy Advisory Committee and Vice President of Federal Government Affairs Dennis Nuxoll has been reappointed to the Agricultural Technical Advisory Committee for Trade in Fruits and Vegetables by the United Stated Department of Agriculture (USDA) and United States Trade Representative (USTR).

According to the Foreign Agricultural Service Agricultural Policy Advisory Committee charter, appointed trade advisors are tasked with advising, consulting with, and making recommendations to the Secretary of Agriculture and the United States Trade Representative concerning the trade policy of the United States and associated matters. As well as providing information and advice regarding negotiating objectives and bargaining positions of the United States before entering into trade agreements, the Committee will also provide guidance and updated information about established trade agreements as it relates to the trade policy. The Committee also will stay informed about the ongoing work of the technical-level committees (ATACs).

The Agricultural Technical Advisory Committee for Trade in Fruits and Vegetables charter states that representatives will make recommendations and provide advice and information regarding trade issues to the Secretary of Agriculture and the United States Trade Representative as it relates to both domestic and foreign production and trade concerning fruits and vegetables. The Committee will furnish advisory opinions and reports regarding trade policy as requested by the Secretary of Agriculture and the United States Trade Representative or their designees.

Read the full announcement here.

FIRA USA 2023 is coming!

August 30th, 2023

Last year’s FIRA USA event in Fresno was a great first effort. Next month, we are going to have three different demo areas in the Salinas Sports Complex, and the automation solutions will be available for demos all three days of the show. Take a look at the aerial layout that includes an orchard demonstration area along with a drone pavilion (yellow pentagon in the top left), a vineyard demo area (purple circle in the top right) and the vegetable demo area (green triangle in the bottom right).

All three of these areas will include multiple startups, and there will be multiple demo sessions over the course of the three-day event from September 19-21. Thank you to the startups for providing some great feedback as we work through this much larger and longer demo area than last year.

The vegetable demo area will be done in 40″ and 80″ rows. The vineyard demo will be a comparable setup to a vineyard for demonstrations (but will leverage some metal pipe and camouflage netting thanks to Clint Cowden and the Hartnell College team for doing the assembly and installation work). The orchard demonstration will be a series of potted trees in a similar configuration to a live orchard.

All of this is being done to put together the best three-day automation show possible and to get as many conversations between growers and automation providers started as possible. Past experience tells us creating these conversations in a live “in the dirt” location with the machine demoing live is the best way to discuss AgTech for both growers and startups. We look forward to starting a lot of them in a couple of weeks. Hope to see a lot of you in Salinas.

Visit Fira-USA.com for more information.

How the Western Growers Transportation Program Delivers for Shippers

August 1st, 2023

It’s hard to believe that a year has flown by since Lauren Singh took charge of the Western Growers Transportation Program (WGTP). Over the past year, we have witnessed significant changes in the transportation market, shifts in consumer demand at the store level and evolving transportation requirements from our members.

During this time, the WGTP successfully implemented Navisphere® technologies for numerous members, resulting in enhanced efficiencies, real-time visibility, cost savings, improved reliability and positive customer experiences. We also noticed a rise in demand for specific modes such as Less Than Truckload (LTL) shipping and warehousing.

About WGTP:

The WGTP remains an exclusive benefit available to our esteemed Western Growers members. Through our partnership with C.H. Robinson, we provide a personalized program tailored to meet the complex needs of challenging supply chains. By leveraging state-of-the-art logistical technology, we optimize distribution patterns and reduce delivered costs, ensuring high-quality consultative service.

For over a decade, the WGTP has been offering turnkey supply chain solutions to our shipper members. Our best-in-class services encompass truckload shipping, LTL, intermodal transportation, refrigerated warehousing and forward distribution. As part of the program, shippers gain access to national surge capacity, customized pricing options, transportation performance analytics and dedicated account management.

The WGTP Advantage:

By enabling shippers to improve their logistics efficiency through effective management of spend, carrier performance and market risks, the WGTP provides a unique and substantial competitive advantage. We empower our members to optimize their supply chain operations, ensuring cost-effectiveness and superior performance.

Transportation Market Insights:

C.H. Robinson has two customer communities: shipper customers and carrier customers. Through conversations with carriers of all sizes, we have gained valuable insights into the market. Here are some recurring themes and perspectives from these discussions:

  • Awarded volumes are crucial for revenue stability
  • Larger fleets prioritize dedicated service awards
  • Over-reliance on the spot market poses challenges due to low pricing and limited volume availability
  • Timely delivery of tractor and trailer orders has been achieved as planned
  • The costs of new equipment remain remarkably high
  • Improved parts availability has resulted in fewer delays related to maintenance
  • There is an ample supply of drivers, enabling carriers to be more selective with their freight choices

As we reflect on the past year, it is clear that the WGTP has made significant strides in meeting the evolving needs of shipper members. By leveraging advanced technology, optimizing supply chains and providing unparalleled services, we continue to deliver a substantial competitive advantage. We remain committed to supporting our members’ success in the ever-changing transportation landscape.

To develop or expand your individual logistics program and learn more about the WGTP, please contact Lauren below:

Lauren Singh

WGTP / CHR Transportation Director, C.H. Robinson

(831) 392-7061

[email protected]

Western Growers Responds to FDA Announcement of Jim Jones as the Deputy Commissioner for the Human Foods Program

August 23rd, 2023

IRVINE, CALIF. (Aug. 23, 2023) – Following the Food and Drug Administration’s (FDA) announcement of Jim Jones as the first Deputy Commissioner for the unified Human Foods Program, Western Growers SVP of Science, De Ann Davis, issued the following statement:

“Western Growers is pleased to learn that Jim Jones has been appointed as the first Deputy Commissioner for the Human Foods Program by the Food and Drug Administration.

Jim has a proven record of government leadership, as evidenced by his work on the critical Reagan-Udall Foundation Expert panel resulting in the December 2022 report on Operational Evaluation of the FDA’s Human Foods Program.

In 2011, with the passage of the Food Safety Modernization Act (FSMA), the intent of the U.S. Congress was clear: The FDA is to prioritize preventative actions over reaction. We look forward to engaging with Jim as we collaborate on the critical need for the agency to deliver on its promises to aid consumers by setting a prevention agenda.”

The FDA announcement can be read here.

Can California Finally Get Critical Infrastructure Built?

August 1st, 2023

At the time of this writing, Gov. Gavin Newsom has submitted several budget bill proposals to the legislature that would streamline critical energy, water and transportation infrastructure projects in California. Following years of waiting on the construction of “approved” projects, the Administration has rightfully come to the conclusion that there are too many unnecessary delays in the permitting and litigation process. Longtime political observers are not surprised by the conversation. Points of contention are routinely raised by stakeholders who want projects to move forward, but nothing really happens to fundamentally improve the regulatory, administrative and legal processes surrounding critical infrastructure development.

What is noteworthy is that the level of frustration over the existing process has caused the Governor to place this in front of the legislature as a high-priority item. Western Growers is part of a very large coalition in support of this package. The coalition includes trade unions and businesses that recognize that the current system of project approvals needs to be more straightforward and guardrails need to be in place to limit the ability for project opponents to indefinitely stall project completions.

How has the infrastructure package landed with members of the California Assembly and Senate? With a loud thud. They don’t like that this is a policy proposal that has been dumped into budget trailer bills. It’s not lost on those of us who advocate in the Capitol that this is the height of hypocrisy. Legislators embrace this practice with open arms all the time. In fact, they recently approved the updated card check bill in exactly this way with nary a concern in the world about the process.

So why am I pontificating to such a degree on this effort by the Administration? Simple. We have to move forward in a deliberate way on a number of projects. The Sites Reservoir in Northern California is a great example. The project is awaiting final permit approvals, and a significant portion of the funding would come from Proposition 1, which was passed in 2014. It’s been almost 10 years and not a shovelful of dirt has been moved on new water storage. This is extraordinarily frustrating given the state’s need for a stable water supply and that the final cost to complete a project only increases over time. California’s very aggressive air quality mandates also highlight the need for the rapid development of energy infrastructure that will be necessary to support the state’s transition to all-electric vehicles. Charging stations need to be permitted and installed all throughout the state. This is going to be a daunting challenge, but it has to happen. A reliable energy grid is essential for California to attain its air quality mandates.

Given the discourse surrounding the overall proposal, it’s very clear that it will have to be significantly amended if it has a chance to pass and be signed by Gov. Newsom. On a positive note, legislators are indicating that they understand that changes need to be made and that they are both willing and looking forward to having this discussion. Perhaps that was the point of the introduction of this sweeping package—it has forced a substantive conversation to happen that will hopefully lead positive change. Better later than never. Goals mean nothing if you don’t take concrete steps to implement them.

Last Chance to Purchase a Congratulatory Ad for Award of Honor Recipient John D’Arrigo

August 23rd, 2023

Share your well-wishes and congratulations to Award of Honor recipient John D’Arrigo in this year’s Annual Meeting Award of Honor dinner program. The deadline to claim space within the program’s pages is September 1, 2023.

John D’Arrigo, CEO/President and Chairman of the Board of D’Arrigo Bros. Co. of California, will receive Western Growers’ highest recognition of achievement given to individuals who have contributed extensively to the agricultural community. John’s affect on the agricultural industry and community has been experienced by many through his guidance, support and philanthropy.

For more information about purchasing a congratulatory ad in the program, visit the store here.

A full-page congratulatory ad in the Award of Honor dinner program is $500.00.

A half-page congratulatory ad in the Award of Honor dinner program is $250.00.

For more information about registration or to take advantage of sponsorship opportunities, please contact Assistant Vice President, Membership Kim Stuart at [email protected].

Concrete Consequences: Supreme Court Cements Precedent Against Union-Sponsored Sabotage

August 1st, 2023

In Glacier Northwest v. International Brotherhood of Teamsters, the U.S. Supreme Court recently ruled 8-1 that striking workers are not protected when they intentionally make inventory that they intend to ruin by walking off the job. According to the company’s allegations, the union called for a work stoppage when they knew that Glacier Northwest was in the process of mixing and delivering concrete. Sixteen truck drivers refused to complete their deliveries, with some even abandoning their trucks, threatening significant damage to the equipment if the concrete hardened inside. Non-union employees had to scramble to dispose of it before it hardened and damaged the trucks. Although the trucks were saved, the concrete was ultimately lost.

Glacier sued the union in state court for damages caused by the spoiled concrete resulting from the strike. The Washington Supreme Court had dismissed the case, finding that state tort law was not applicable to a labor dispute covered by the National Labor Relations Act of 1935 (NLRA).

At the U.S. Supreme Court, the Teamsters argued that the drivers’ actions were protected under the federal NLRA. Previous cases had established that a union has a legal right to strike even if it risks the destruction of perishable goods, under the legal doctrine known as “Garmon preemption.” For example, the National Labor Relations Board (NLRB) had ruled in favor of milk truck drivers who struck, risking the spoilage of milk, and a federal appeals court reached a similar conclusion regarding striking cheese workers.

However, the U.S. Supreme Court majority rejected this argument, contending that Garmon preemption does not shield striking workers when they fail to take “reasonable precautions” to safeguard their employer’s property from foreseeable, aggravated and imminent danger. Justice Amy Coney Barrett, writing for the majority, highlighted a crucial distinction between this case and the cheese and milk situations:

“Given the lifespan of wet concrete, Glacier could not batch it until a truck was ready to take it. By reporting for duty and pretending as if they would deliver the concrete, the drivers prompted the creation of the perishable product. Then, they waited to walk off the job until the concrete was mixed and poured in the trucks. In so doing, they not only destroyed the concrete but also put Glacier’s trucks in harm’s way.” (Italics added.)

Justice Coney Barrett’s majority opinion, joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan and Brett Kavanaugh, determined the Teamsters indeed failed to take “reasonable precautions” to protect Glacier’s property from foreseeable damage during the strike.

Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, agreed with the result but not the reasoning of the majority. Alito would have allowed Glacier’s lawsuit to proceed based on a finding of intentional damage to the concrete. Justice Thomas, in a separate opinion joined by Gorsuch, urged the court to reconsider the doctrine of Garmon preemption in a future case. The case was remanded to the state court for further proceedings.

Justice Ketanji Brown Jackson, the sole dissenter in the case, argued that the NLRB’s general counsel found merit in the argument that the strike was protected. In her view, the courts should pause their review and allow the NLRB to assess the dispute first.

The implications of the decision are not yet set in stone. The state court could wait for the NLRB to act and stay Glacier’s lawsuit. Alternatively, the lawsuit could proceed, leading to potentially inconsistent decisions from the NLRB and the court. It is also uncertain whether the decision will have a significant impact on other labor strikes. However, based on the Glacier Northwest case and other recent decisions, it appears that from management’s perspective, that the current Supreme Court will continue to apply balance and common sense in labor law disputes that come before the court.

Listen In: Where the Realities of Produce Farming Meet AgTech Investments

August 23rd, 2023

On a recent episode of Business of Agriculture podcast, Damian Mason, Adam Bergman and I discussed Controlled Environment Agriculture (CEA). I remain bearish on CEA and Adam remains bullish. As always, a bit of disagreement makes for great podcast fodder. We covered a lot of ground.

Here are the highlights:

1) CEA was one of the hyped sectors of AgTech (along with alternative proteins), and the $7B that went into CEA over five years (2/3 vertical farming; 1/3 green house) is turning into a terrible investment in real time. Primary factors that caused the bad investments─media missed the fact that all CEA products have to compete with existing growers and supply chains (it was never a green field opportunity), investors did a poor job of due diligence and a lot of folks thought this was a tech play (it’s not, it’s a distribution play that needs to focus on taste and price).

2) The most interesting battle may not be between CEA and conventional soil growing. I predict it will be between green house and vertical farming. I believe that green house is in a huge advantage position in this battle with patient capital, years of optimizing product and economics, and a much lower operating cost structure (they use sun, vertical farming has to pay for electricity, and that cost is only getting higher).

3) The most interesting owner of the vertical farming assets may not be the original owner. It may be the third owner (after a second owner that gets the asset for a deal but doesn’t have a business model, the third owner gets it for an even better deal and has a business model).

4) Future vertical farming startups need to focus on two sets of unit economics─unit economics of the facility (how much it costs to build and operate) and the unit economics of the resulting SKU at the retail level to the customer (it needs to be at or below similar product with existing shelf space.  Incumbency has its advantages).

5) There are use cases for vertical farming like growing strawberries in the Middle East locally where it’s hard to grow outdoor product and shipping comparable product via long-range air travel. But it’s unclear how big the go-forward opportunity will be given the current and likely future bad outcomes for a lot of the $7B already invested. How many more checks will investors write in this space?

Listen to the full podcast episode here.

New Executive Compensation Calculator Included in Western Growers 2023 Compensation Report Package

August 22nd, 2023

A new Executive Compensation Calculator will be one of the components offered as part of Western Growers’ 2023 Compensation Report. The report will be available in mid-September 2023 for free to those who contributed data or for purchase for $2,500.

The custom-built Executive Compensation Calculator integrates with agriculture-specific executive compensation data and provides an estimated total compensation figure and expected pay band for users based on selected options like years of experience, sales volume, educational background, etc. Users can determine accurate compensation information by including important factors like experience and company size.

For more information about purchasing the 2023 Compensation Report, which includes The Executive Compensation Report and Calculator, contact Karen Timmins at [email protected].

CDFA Seeking Stakeholder Input: Streamlining Food Safety and Water Regulations in California

August 21st, 2023

In November 2022, The California Department of Food and Agriculture (CDFA) contracted Crowe LLP to conduct a Regulatory Alignment Study with the goal of streamlining administrative processes and optimizing information collection for evaluating food safety and water quality regulations.

To promote stakeholder input, Crowe is offering listening sessions─both group and individual─for the following regulatory programs that are being evaluated:

  1. Produce Safety Program
  2. Irrigated Lands Regulatory Program
  3. Dairy / Confined Animal Facilities Program
  4. Stormwater Industrial General Permit
  5. State and Regional Winery Programs

Crowe will be using their findings to map current CDFA and State Water Board ag-related food safety and water quality reporting requirements and provide recommendations for optimizing processes by 2025.

For more information about participating in the conversation, visit the post from the CDFA here.

Turlock Fruit in ‘America’s Heartland’

August 21st, 2023

A flavorful legacy that began over 100 years ago, Turlock Fruit Company is a four-generation family farming business in California’s San Joaquin Valley. The company is renowned for its sweet-tasting melons, including cantaloupes, honey dews and mixed melons. Don Smith, along with his son Steve and his grandson Alec, actively participate in maintaining this well-oiled machine.

“I think having three perspectives on business from three generations has been to our benefit,” says Steve Smith, co-owner of Turlock Fruit Co.

In the late 1980s, the company relocated from Turlock, California to Firebaugh and has never looked back. In this region, they utilize drip irrigation to efficiently cultivate seven varieties of melons, asparagus, cherries, wheat and tomatoes.

Check out the episode by clicking here.

Episodes of “America’s Heartland” can be viewed on your area’s PBS station – check your local listings for exact date and time; more than 90 percent of all PBS stations in the country carry the show – as well as on PBS.org; the standalone app; “America’s Heartland’s” website and YouTube; as well as on RFD-TV. “America’s Heartland” is a production of Sacramento’s PBS KVIE.

 

Disaster Preparedness Resources for the Ag Community for Hurricane Hilary

August 18th, 2023

The National Hurricane Center today issued a hurricane and tropical storm warning for much of Southern California and Baja California. These areas and other parts of mainland Mexico are expected to experience flooding rains, strong winds and the potential for wildfires between this evening and the start of the week of Aug. 21, 2023.

The California Department of Food and Agriculture (CDFA) has shared some resources for preparation and planning as well as food safety considerations for the aftermath, depending on the severity of the event. Although these resource links aren’t specifically centered on California, they do provide helpful universal preparation reminders and best practices:

This information was developed with the other states along the Gulf Coast published through Auburn University. The section on preparation and planning starts on page 13.

General information designed for a broader audience

Western Growers will continue to update members as more information about the impacts of Hurricane Hilary become clear. For more information about flood resources, visit Assistance Resources for Farmers Impacted by Recent Flooding here. For wildfire resources, you can visit WG’s Wildfire Resources and Insurance Protection page, or visit the CDFA’s recovery information here.

EEOC Seeks Public Comment on Proposed Rule Making for PWFA

August 17th, 2023

The Equal Employment Opportunity Commission (EEOC) has posted a Notice of Proposed Rulemaking  for the Pregnant Workers Fairness Act (PWFA). The proposed regulations were released on August 11, 2023, with a public comment period set to end October 10, 2023.

The PWFA applies to all employers with 15 or more employees and requires an employer to provide reasonable accommodations, absent undue hardship, to a qualified employee or applicant with a known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

The proposed rule addresses each element of this requirement and provides examples of reasonable accommodations. According to the EEOC, the PWFA responds to various limitations and gaps in current federal legal protections (e.g., Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Family Medical Leave Act of 1993 and various state and local laws).

A few of the key provisions of the PWFA regulations include:

  • Procedures for filing a claim under the PWFA as well as available remedies, including an ability to obtain damages, and limitations are the same as for other federal statutes such as Title VII and the ADA (as amended).
  • A “known limitation” is defined as a “physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or the employee’s representative has communicated to the covered entity whether or not such condition meets the definition of “disability” under the ADA.
  • A “qualified” individual is defined as “an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position.”
  • An individual may be “qualified” under the PWFA even if they cannot perform one or more essential functions of the job if the inability to perform the essential function(s) is “temporary,” the worker could perform the essential function(s) “in the near future,” and the inability to perform the essential function(s) can be reasonably accommodated.[i]
  • Examples of reasonable accommodation under the regulations are provided and include the following:
    • Frequent breaks
    • Sitting/Standing
    • Schedule changes, part-time work, and paid and unpaid leave
    • Telework
    • Parking
    • Light duty
    • Making existing facilities accessible or modifying the work environment
    • Job restructuring
    • Temporarily suspending one or more essential function
    • Acquiring or modifying equipment, uniforms, or devices; and
    • Adjusting or modifying examinations or policies.
  • Employers are not required to seek supporting documentation in connection with an accommodation request under the PWFA. In fact, a request for documentation is only permitted “if it is reasonable to require documentation under the circumstances” and is limited to documentation that itself is reasonable. Examples of when it would not be reasonable for an employer to require documentation are provided for in the regulations.

Interested employers should review the EEOC’s Summary of Key Provisions for the PWFA and/or the official Notice which provides additional details including how to submit comments ahead of the October deadline.

 

[i] The terms, “temporary,” “in the near future,” and “can be reasonably accommodated” are not defined in the PWFA.

Cal/OSHA Plans Multi-County Office Expansions

August 17th, 2023

Cal/OSHA is planning on increasing its physical presence in several California counties over the next several months. Recently announced permanent office sites include:

  • Regional Office in Fresno
  • High Hazard Office in Fresno
  • District Office in Santa Barbara
  • District Office in Riverside

According to Cal/OSHA the decision to invest in additional office locations was prompted by operational needs, an increased demand for responses to complaints, accidents and proactive high-heat inspections at workplaces in the areas listed above; especially those in high-hazard industries. Updates on Cal/OSHA’s progress in finalizing these new offices will be posted on the agency’s Enforcement Office location webpage.

Employers in these areas can expect an expanded Cal/OSHA enforcement presence. Below is a reminder of some of the more important employer responsibilities under Cal/OSHA regulations:

  • Establish, implement and maintain an Injury and Illness Prevention Program (update periodically)
  • Inspect workplace(s) to identify and correct unsafe and hazardous conditions
  • Make sure employees have and use safe tools and equipment and properly maintain this equipment
  • Provide and pay for personal protective equipment[i]
  • Use color codes, posters, labels or signs to warn employees of potential hazards
  • Establish or update operating procedures and communicate them regularly
  • Immediately report any work-related death or serious injury or accident
  • For employers with 11 or more employees, keep records of work-related injuries and illnesses on the log 300, transfer the totals to the log 300A, and post the log 300A from February 1 through April 30 of the following year
  • Post, at a prominent location within the workplace, the Cal/OSHA poster informing employees of their rights and responsibilities
  • Do not discriminate against employees who exercise their rights under the California OSH Act

[i] Bendix Forest Products Corporation v. Division of Occupational Safety and Health (1979), 25 Cal. 3d 465 (employers are required to pay for personal protective equipment (PPE) if the law requires the employer to provide the PPE).

Cal/OSHA Reminds Employers to Protect Workers from Heat Illness

August 17th, 2023

Cal/OSHA is reminding all employers to protect workers from heat illness as high temperatures are forecast throughout the state. The National Weather Service has issued excessive heat warnings for some areas during the coming days.

Some of the highest temperatures include:

In addition to responding to complaints and reports of injuries and illnesses, Cal/OSHA will be performing proactive high heat inspections. This includes strategically visiting worksites where workers are the most exposed to serious heat illness including in agriculture.

Employers with outdoor workers in all industries must encourage workers to understand and exercise their rights related to heat illness prevention, such as taking a cool-down rest when necessary.

In indoor workplaces, employers must correct unsafe conditions for workers created by heat as part of their Injury and Illness Prevention Program (IIPP).

Details on heat illness prevention requirements and training materials are available online on Cal/OSHA’s Heat Illness Prevention web page and the www.99calor.org informational website. A Heat Illness Prevention online tool is also available on Cal/OSHA’s website.

Employers with outdoor workers must take the following steps to prevent heat illness:

  • Plan – Develop and implement an effective written heat illness prevention plan that includes emergency response procedures.
  • Training – Train all employees and supervisors on heat illness prevention.
  • Water – Provide drinking water that is fresh, pure, suitably cool and free of charge so that each worker can drink at least 32 ounces per hour, and encourage workers to do so.
  • Rest – Encourage workers to take a cool-down rest in the shade for at least five minutes when they feel the need to do so to protect themselves from overheating. Workers should not wait until they feel sick to cool down.
  • Shade – Provide proper shade when temperatures exceed 80 degrees. Workers have the right to request and be provided shade to cool off at any time.

Western Growers 2023 Annual Meeting: Event Highlights Preview

August 15th, 2023

This year marks the 97th Western Growers Annual Meeting, which will be held at the beautiful Grand Hyatt Kauai Resort and Spa from Nov. 12-15, 2023. We hope you’re ready for a few days of captivating speakers, engaging panel discussions and a series of social events! Here’s a brief glimpse into the upcoming activities scheduled during the gathering:

Sunday, November 12

5 p.m. – Welcome Reception

Monday, November 13

10:30 a.m. – Kickoff Keynote, delivered by American academic and animal behaviorist Dr. Temple Grandin

12 p.m. – PAC Luncheon, with guest speaker Michael Shellenberger, leading investigative journalist and Founder and President of Environmental Progress. You can secure your spot at the PAC Luncheon by purchasing a ticket for $195 during registration.

2:30 p.m. – Featured Session: “What Does Artificial Intelligence Mean for Agriculture and Food?”

6:30 p.m. – Come “Party with the Partners” and enjoy delicious refreshments, festive cocktails, live music and networking opportunities while we honor our loyal members and industry partners

Tuesday, November 14

9:30 a.m. – Sixth annual AgSharks® Competition

11:45 a.m. – Chair’s Luncheon, with keynote delivered by futurist Jim Carroll, a world-renown expert in fast-emerging disruptive trends and innovation

2:15 p.m. – Hawaiian Family Games. One complimentary ticket is included for each full-conference registrant, and additional tickets can be purchased at the Western Growers registration desk for $50.

6 p.m. – Award of Honor Reception honoring John D’Arrigo, CEO/President of D’Arrigo Bros. Co. of California and Chair of the Board

7 p.m. – Award of Honor Dinner Reception, featuring comedian Tom Papa

Wednesday, November 15

7 a.m. – Western Growers Golf Tournament, taking place at the scenic oceanfront Poipu Bay Golf Course

You can view our full agenda here. For more information about registration or to take advantage of sponsorship opportunities, please contact Assistant Vice President, Membership Kim Stuart at [email protected].

 

 

H-2A Visa Program FAQs

August 14th, 2023

                                                         H-2A PROGRAM – FREQUENTLY ASKED QUESTIONS
1. What is an H-2A Visa?
The H-2A program, authorized by the Immigration and Nationality Act (INA), is a nonimmigrant visa program that allows United States employers to bring in a foreign workforce for farm labor work on a temporary or seasonal basis, given that U.S. workers are not able, willing, qualified, or available for the job.

2. Who may file an H-2A application?
An H-2A visa is a type of visa that allows U.S. employers to bring foreign agricultural workers to the U.S. for temporary or seasonal agricultural work. In this case, employers apply for the H-2A visa on behalf of employees. Alternatively, agricultural associations can submit H-2A petitions for employers who have a temporary need for foreign agricultural workers. It is advisable to seek legal counsel or professional assistance.

3. What are the limitations of an H-2A visa?
H-2A visas, while providing opportunities for temporary agricultural work in the U.S., come with limitations. The employer must be able to establish that they have a need for a nonimmigrant seasonal or temporary workforce, and the need should not exceed ten months. The employment must be temporary and seasonal in nature.

4. What are the requirements for the H-2A visa employee?
An H-2A employee needs to have a valid job offer from a U.S. employer for temporary or seasonal farm work. Employees must have a valid passport from their country of origin and be prepared to have an interview with a U.S. consulate to establish a plan to return to their home country after their visa expires.

5. How long can an H-2A visa holder stay in the U.S.?
The H-2A labor certification request will remain active for the work period mentioned in the H-2A Application for Alien Labor certification, lasting no more than 10 months.

6. Can H-2A visas be extended?
H-2A visas may be extended for qualifying employment in increments of up to one year each, with a maximum period of stay of 3 years. A new, valid temporary labor certification must be submitted with each extension request. A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant.

For more information about H-2A services provided by Western Growers, contact Jason Resnick at [email protected].

CDFA Now Accepting Proposals for 2024 Specialty Crop Block Grant Program

August 15th, 2023

The California Department of Food and Agriculture (CDFA) is accepting proposals for the 2024 Specialty Crop Block Grant Program (SCBGP), with a submission deadline of Thursday, Sept. 7, 2023, at 5 p.m. PT.

The SCBGP funds projects that enhance the competitiveness of California specialty crops. Grant amounts for the program range from $100,000 to $500,000 per project, and the maximum grant duration is two years and eight months. Non-profit and for-profit organizations; local, state, federal and tribal government entities; and public or private colleges and universities are eligible to apply.

There will be a series of webinar workshops to provide an overview of the program and proposal questions, as well as a demo for the AmpliFund application system. Applicants are required to register online with Amplifund and submit their proposals electronically through the same platform.

For more information on the program, webinars, requirements and to download an application, visit Specialty Crop Block Grant Program.