CPMA Chair’s Town Hall and Reception Held in Salinas

March 28th, 2024

Western Growers members joined Canadian Produce Marketing Association Chair, Colin Chapdelaine, and CPMA staff at the organization’s town hall and reception in Salinas, Calif. on Jan. 30, 2024. The group toured the Western Growers Center for Innovation and Technology with Executive Director Dennis Donohue, and then during the town hall discussed a multitude of topics, including updates on the Canadian market, the upcoming CPMA Convention and Trade Shows, and a buyers panel including interactive discussions on top issues, trends, and the 2024 landscape.

Environment and Climate Change Canada is advocating for a near-elimination approach for plastic packaging that would require 75 percent of all produce that is currently sold in the supermarkets, to be sold in bulk or non-plastic packing by the year 2026, increasing to 95 percent in 2028. Regulatory updates including forced labor, supply chain issues, the Safe Food for Canadians Act’s review, and grades & consultations were also on the agenda.

My Cross-Border Medical Experience in Mexico, Courtesy of WGAT

March 26th, 2024

I’ve always pictured my first visit to Mexico would be a touristy hotspot, complete with a pool, beach and a refreshing drink in hand. Instead, as someone with an immense appreciation for the agricultural industry and its workforce, I was privileged to visit Mexico for an entirely different reason. The occasion for my visit was purely medical and came thanks to Western Growers Assurance Trust (WGAT).

My journey started on a Tuesday morning, when I crossed the border to visit the OSMED medical clinic in San Luis Rio Colorado in Sonora, Mexico, a border town about 20 miles south of Yuma, Arizona. The 24-hour facility is operated by Dr. Raul Payan, who has been an independent provider contractor in Mexico for WGAT for more than 30 years. Dr. Payan and his team provide general and urgent care, imaging and routine medical services to the community, including essential migrant workers who play a significant role in growing our food.

OSMED medical clinic stands out as an ideal destination for migrant agricultural workers due to its convenience. An estimated 80 percent of the clinic’s patients reside in the U.S. and commute across the border to receive their care. I arrived at the facility within minutes after crossing the border and was warmly greeted by Dr. Payan at the entrance. But before starting my tour of the facility, I made sure to get the full Mexico Cross-Border health care experience.

WGAT designed its comprehensive Mexico Cross-Border Program to provide flexible medical and dental care options for members and their families who prefer to receive their care in Mexico. Within WGAT’s exclusive network, members can find licensed providers and medical facilities in several convenient locations. These providers offer a comprehensive range of specialty and diagnostic services, including anesthesiology, cardiology, neurology, dermatology, internal medicine and orthopedics. Making an appointment works the same way as it does in the U.S.— by simply reaching out to a provider to schedule a date and time for your services. At this facility, walk-ins are welcome for general practice services, while appointments are necessary for specialty care, imaging services and lab work.

The Full Mexico Cross-Border Experience

OSMED’s reception room was bright, airy and spacious and was completely devoid of the typical discomfort often associated with doctor’s offices. The clinic’s efficiency started the moment I approached the reception desk, where multiple employees were greeting and assisting patients. After a smooth intake process in the reception area, I had my vitals taken in a room adjacent to the reception desk and then proceeded to an examination room for a general checkup with a physician.

The exam room was large and comfortable, complete with an examination table and several chairs positioned beside the doctor’s station. When Dr. Payan constructed this facility six years ago, he designed it with the patient experience in mind. “It’s important for patients to establish a personal rapport with their doctors, and we strive to make sure each visit is personalized, conversational and designed for their comfort,” he said.

Once my checkup was complete, I was escorted a short distance to the diagnostics, imaging and specialty medicine unit’s reception area. From there, I was guided to a private room for my blood draw, where I was informed my results would be ready in a few short hours.

The experience was quick and efficient, and the staff went above and beyond to accommodate me. I’m not fluent in Spanish, so a bilingual care provider was by my side throughout the entire process. She mentioned that she grew up in Arizona, attended school in Mexico and eventually decided to stay there for work.

Raising the Bar

I must confess that before my visit to OSMED, I was expecting to see a standard medical facility, at best. I’ve lived in multiple states in the U.S. and have seen my fair share of waiting rooms, doctor’s offices, urgent care facilities and hospitals, and none of them have been particularly noteworthy or remarkable. And up until now, I never would have imagined describing a medical facility as “grand in scale” or “extremely pleasant.”

While there are numerous medical facilities that describe themselves as cutting-edge or state-of-the-art, OSMED truly lived up to its reputation. The facility boasts eight examination rooms; an observation area; and a diagnostic, imaging, and medical specialty unit equipped for mammograms, cardiac diagnostic testing and other minor procedures.

OSMED’s mammography room was spacious and inviting. Large-screen televisions hung on the walls of both sides of the mammogram machine, which played soothing music and displayed calming images to enhance the patient experience during the scan. Patients in the ultrasound room of the specialty unit experience advanced technology with a 4-D ultrasound machine and can instantly view their ultrasound images on a large-screen television.

Within the specialty care clinic, endocrinologists, cardiologists and neurologists rotate throughout the week, providing patients with comprehensive care under one roof. Given the high prevalence of diabetes within Hispanic and agricultural communities, OSMED also provides a dedicated nutrition unit to support its patients. For patients requiring medications, OSMED’s 24-hour pharmacy is conveniently situated right across the street, coincidentally at the former location of Dr. Payan’s previous practice.

The facility’s second floor includes a sizeable breakroom for staff, which includes 15 physicians and 10 registered nurses, and accommodates the administrative offices.

Building for a Healthier Tomorrow

Considering all of these amenities, it’s astonishing to think that Dr. Payan’s first practice consisted of just one examination room and a reception area. Dr. Payan has plans to grow the clinic into a full-scale center for inpatient care right next to the facility. Last October, Dr. Payan initiated construction on a planned five-story hospital and specialty care tower, with an anticipated completion date set for fall 2025.

The hospital has gained the attention of several stateside investors, including U.S. board-certified physicians and Siemens. According to Dr. Payan, the hospital will be a certified, sustainable green building, a certification that no other hospitals hold in Mexico. The new hospital will enable U.S. board-certified physicians to perform more affordable procedures in Mexico while providing essential ag workers and their families convenient and quality access to care at a reduced cost.

WGAT has spent the last 50 years building and fostering contractual relationships with providers in Mexico for this very reason. “WGAT is an early pioneer of cross-border healthcare, ensuring our members have convenient access to high-quality care at a fraction of U.S. costs,” said Raquel Lugo, Senior Director of Client Services and Mexico Operations at WGAT. “Similar to Western Growers, Dr. Payan understands that farmworkers take care of the world by providing us with nutritious food, so it’s essential that we provide them with essential services, such as healthcare.”

If there’s one key takeaway from my cross-border experience, it’s the reassurance that migrant farmworkers, who exemplify the spirit of hard work and dedication to ensure we have access to an abundant food supply, are receiving exceptional care and support when it comes to their health.

If you’re a member of WGAT and would like more information on our Mexico Cross-Border program, you can contact Raquel Lugo [email protected]. If you’re not currently enrolled in a WGAT plan, reach out to Western Growers Insurance Services to learn more about our offerings and discover how we can assist you in effectively managing your health care costs at (800) 333-4942.

Orange County Produce’s A.G. Kawamura on Fighting Food Waste

March 19th, 2024

There are many reasons a person becomes a farmer. But there is a through line to their motivation: whatever farmers grow, they don’t want to waste it.

The issue of food waste is one that is growing in importance in the mind of the consumer. This goes beyond the “clean your plate!” orders from mothers throughout time to include an increased desire from the public to know about how much food goes from the field into productive use.

According to the U.S. Department of Agriculture, food waste is estimated to impact between 30–40 percent of the food supply. As such, preventing food waste is a “we challenge” in that it requires everyone’s participation – from consumers to growers. For Western Growers members, it means they often think of the best way to use as much of their product as they can.

For A.G. Kawamura, owner/partner of Orange County Produce, utilizing all the produce he grows has been a point of pride for a long time. “None of us grow food so that we can throw it away,” Kawamura said. “There’s been some wonderful opportunities that aligns itself with our processing industry that can take a strawberry that’s not that great looking and turn it into delicious juice cut it up and put it into a mash that’s ready for a smoothie.”

Buyers, on behalf of their consumers, are seeking the best looking, most-uniform produce available to stock their shelves, but that’s not always what comes out of the ground or off a tree limb. These measurements of visual or size value doesn’t correlate to a less healthful or tasty product.

While this concept of using the produce that doesn’t fit the mold may be new to some consumers, it isn’t new to growers. For many, they have been finding a place for these products that “have a face for radio” in frozen dinners, produce delivery services or chopped bagged lettuce. Bolthouse has a line of juices made from their perfectly imperfect carrots, which is certified through the Upcycled Food initiative to help consumers easily identify it on the shelves.

On top of finding ways to get food into stores and homes, there are also pathways to get parts of produce that are deemed not fit for human consumption as animal feed. Parts like leafy carrot tops or woody asparagus bottoms may find themselves on a cow’s menu.

Another avenue for preventing food waste is getting it to people who need food support. SunTerra’s Steve Brazeel, motivated to action amid the Covid-19 pandemic, started Project Food Box. Project Food Box moved to solve two problems by creating a bridge: allow farmers to get their products out of the field and get it to the people who need it the most. That bridge required strategic planning, hard work and industry insight, and it is still going strong to deliver this much-needed produce to food banks.

But Brazeel didn’t set out without guidance, and one of the people who shared insight with him at the outset was Kawamura. When it comes to connecting people with their food, Kawamura and Orange Country Produce put resolving hunger and nutrition problems in their community as a key feature of the company’s philosophy.

As a fellow grower, he understands the value of what they make: “What we’re seeing is when we are working these wonderful programs with the food banks is that everything has a good use and opportunity,” he said. “Things with a little bit of damage on them-it might be sunburn or crookedness on a squash or bell pepper, a super-small cabbage instead of a basketball sized cabbage – it can be used.”

With the increased consumer awareness around food waste, a layer of complexity is added to the conversation. If growers are doing everything they can, what amount of culpability falls on the consumer? According to the U.S. Environmental Protection Agency, “Municipal solid waste landfills are the third-largest source of methane emissions from human activities in the United States…an estimated 58 percent of the fugitive methane emissions (i.e., those released to the atmosphere) from municipal solid waste landfills are from landfilled food waste.”

There are some positive signs that consumers are willing to take action. According to the consumer report Mintel, 70 percent of consumers say they believe buying and using canned/frozen produce is a good way to prevent food waste thanks to its longer shelf life. In the same report, 60 percent of consumers say they would try unfamiliar types of produce if they knew how to cook/prepare them. This indicates that there’s an industry opportunity to expand consumer’s produce interests and consumption with an education campaign.

In California, S.B. 1383, which was signed into law in September 2014 by Gov. Jerry Brown and went into effect in January 2022, requires households and businesses to separate all compostables instead of throwing them in the trash. Though some might be uncomfortable with the new step, Kawamura shared that this is a good opportunity for consumers, growers and government to work together to achieve the long-discussed circular economy.

“Landscapers can’t take green waste and dump it in the dump anymore,” he said. “You have to turn it into compost or a mulch. We’ve had an agreement with a local Southern California company called Agromin that’s been around for a long time that has developed a more straight line. We get to take the green waste after it’s chopped up and ground up and turned into almost a compost and then we bring it in and then we turn it into compost on our property. That’s a great soil amendment for us.”

Food waste is just another example of how growers approach a challenge with a multi-pronged solution. And though there’s still much work to be done by everyone, grower solutions are limited only by their creativity and resourcefulness and those fields of possibility are palatial. Fortunately, some growers are already looking ahead at that terrain.

“These are the long-standing actions and activities that we’ve all been trying to do,” Kawamura said. “And now with new technologies, we have even better opportunities.”

Groundwater: A Tale of Two States

March 22nd, 2024

Every grower’s water story is unique, but just like water, everything is intrinsically connected. With new groundwater basin classification and a rain response executive order in California alongside a newly formed council tasked with groundwater management in Arizona, the water terrain for these two states in 2024 is shaping up to be turbulent. Below, Western Growers provides an update of the recent legislative movement around groundwater in these two states.

California 2023 Overview

Those in California who rely on the rain, rivers and groundwater resources to grow food and fiber for an expanding population know that weather and the precipitation it brings isn’t reliably cyclical. Yet the conversations around water management and the regulatory measures that result from that discussion don’t recognize that reality, instead moving at a glacial pace.

The concept seems simple enough: when the rain comes, be ready to capture it. And if accounting metaphors apply, saving for a non-rainy day means the groundwater basins are one of the options for a savings account.

Early 2023 brought heavy rain to California after a long and difficult stretch of drought years. And with the influx, the water showed the holes in California’s system. In response, Gov. Gavin Newsom issued executive order N-3-23. In this Executive Order, he recognized that “the frequency of hydrologic extremes experienced in the State is indicative of an overarching need to continually re-examine policies to promote resiliency in a changing climate.”

The Executive Order also states that “groundwater use accounts for 41 percent of the State’s total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and capturing and storing storm and snowpack runoff underground to recharge aquifers is an important strategy to help regions stabilize water supplies in the face of hydrologic extremes.” To meet the stated aims, the Executive Order alleviated some of the constraints that were hindering groundwater recharge by expediting permitting.

Though the Executive Order was a move in the right direction, aligning with growers and investing in ways to support a large-scale recharge is a way forward to meet Newsom’s goal to increase average annual groundwater recharge by about 500,000 acre-feet. Some of that support could come through weaving of the new designation of groundwater reservoirs as natural infrastructures with a climate resilience general obligation bond that could potentially land on the November 2024 ballot.

Agriculture and water agencies across California are advocating for a $7.85 billion bond investment in water infrastructure that focuses on a number of critical water issues, including recycled water, groundwater recharge, storage, flood protection, dam safety, conveyance, storage, safe drinking water, water quality, regional watershed resilience, State Water Project improvements and water conservation.

Arizona 2023 Overview

Though the complexities of groundwater resources change from one basin to the next, the chain of difference does not live on a gradient. One stark line is drawn in the arid sand: the California and Arizona border. The story of Arizona groundwater has its own arc, and one of the current key players is Gov. Katie Hobbs.

After one year into her term as governor, she has made it clear that water use is a focus of her administration. In January 2023, she also issued an Executive Order to modernize Arizona’s groundwater management by establishing the Governor’s Water Policy Council to update the Arizona Groundwater Management Act. She also put a hard stop for any development of subdivisions reliant on groundwater. (She has since revised this, stating in January 2024 that communities will be allowed to use some groundwater with approval from the state water department.)

True to her word about groundwater transparency, she’s clear that her attention isn’t limited to new housing developments and that her agenda includes creating a new framework to allow for groundwater management in rural parts of the states. Bruce Babbitt, the former Arizona governor who was responsible for Arizona’s Groundwater Management Act, has made his stance public and clear: Rural areas need local groundwater control.

In November 2023, the Water Policy Council ─ a council that was set up by Hobbs when she started her term ─ submitted the “Rural Groundwater Management Area” Framework Proposal. This proposal states that the director of Arizona Department of Water Resources (ADWR) has the option to designate a “Rural Groundwater Management Area,” which will include a hearing process. The expanded use of groundwater is paused during this process.

Each of the management areas will be given a goal that is tied to the needs and conditions of the local area. This goal is designated by the Council, which is made up of five-to-nine individuals from the area and is comprised of those who represent water use sectors within the area like agricultural, industrial and municipal users. The designation of the management area is to be reviewed every10years.

The Governor’s proposal has yet to be heard in a legislative committee. Instead, a counter proposal was drafted by Arizona State Sen. Sine Kerr, and was passed in a Senate committee on a party-line vote in early February 2024. “At this point of the Legislative session, it is very unclear as to what policy changes impacting rural groundwater use are going happen. There are two strong proposals, with significant support and opposition for each,” says Robert Medler, Western Growers Manager for State Government Affairs in Arizona. “A Legislative solution is important though, as Executive action would not be the preferred way to address this issue facing rural Arizona.”

Whether the groundwater site is in California or Arizona, there is one looming force that affects the situation, and that’s the Colorado River. Last year, California, Arizona and Nevada all agreed to cut water use from the Colorado River by 10 percent, which equates to about 3-million-acre feet of water, through 2026. The cuts to municipalities, tribes and agriculture results in reverberating water effects, some of which will influence groundwater use throughout 2024.

As a geological force, water is a juggernaut of power. It cuts through mountains and shapes deserts. The influence it has on nature is matched in the tenacity needed to manage human interests related to this resource. Contact Western Growers for more information and ways to engage with current and future water issues. Gail Delihant, Senior Director of Government Affairs in California, can be reached at [email protected] and Robert Medler, Manager of Government Affairs in Arizona, can be reached [email protected].

The Farmer’s Bet that Bloomed

March 20th, 2024

More than 60 years ago, third-generation farmer John J. Gless, owner of Gless Ranch, took a unique challenge. A friend and fellow Orange County farmer bet him $100, saying that it would be impossible for Gless to successfully cultivate citrus in the Woodcrest area of Riverside.

According to Gless, the acreage in Riverside was deemed unsuitable for farming by many because the land consisted primarily of decomposed granite. “Farmers weren’t interested in this land at that time,” he said. “But I knew that Metropolitan Water was bringing water to the area for those who were willing to invest in the line installation, and land in the area was available for a very reasonable price.”

Newly married and ready to venture out on his own, Gless developed a plan with the help of researchers at UC Riverside to make the soil viable for citrus. It was a huge gamble, but Gless and his wife Janet secured a loan and purchased their first 20 acres.

“We took the risk and planted the first grove in the Woodcrest area of Riverside in 1961,” he said. Gless himself embarked on the labor-intensive task of planting this first grove, which would come to be known as Number 1. The venture was challenging, but shortly thereafter, orange groves Number 2 and Number 3 followed. Needless to say, Gless ended up winning that $100 bet, which would have translated to a little more than $1,000 in current value.

Gless’s connection to citrus stretches back to 1907 when his grandfather, Juan Pedro Gless, tended to five acres of oranges, alongside his sheepherding duties, on the rangelands of El Toro in Orange County. Following in his father’s footsteps, John J. Gless’s father, John Pierre Gless, farmed 40 acres of Valencias and lemons before selling his land to developers in 1960.

“I was raised in a citrus grove in El Toro and had been farming alongside my dad through high school and college,” Gless said. It was the sale of his father’s ranch that prompted him to start a business of his own and scout locations in the Woodcrest area.

More than 60 years later, Gless Ranch farms nearly 10,000 acres across multiple regions in California, including Riverside, Coachella Valley and Kern County. Gless also farms the California Citrus State Historic Park and the orange trees lining scenic Victoria Avenue in Riverside.

“We grow oranges, lemons, grapefruit, tangerines, limes and avocados in Riverside, and oranges, lemons, grapefruit and tangerines in Kern County. In the Coachella Valley, in addition to citrus, we farm dates and raise citrus and avocado trees in a state-of-the-art nursery,” Gless said.

And then there’s the Gless Ranch Farmer’s Market in Riverside, which offers customers a diverse selection of fresh citrus, locally grown fruits and vegetables, local artisan foods and gifts, craft beer, wine and specialty items.

Gless credits his work ethic to his father and his success to his hard work and his dedicated family. His wife, all four children, and several grandchildren, have either contributed or are actively contributing to the farming and overall operation of Gless Ranch.

Like many farms in California, one of Gless Ranch’s biggest challenges has been water. Fortunately, his luck didn’t run dry last year. “Last year’s rain saved much of California’s farming as many were letting groves die because of the severe water shortage,” he said.

Despite the obstacles, Gless emphasized his profound appreciation for the joy and rewards of farming. “People ask me why I haven’t retired. I’m still at it because I enjoy it, and I love the challenge.”

The Power of Modeling and Data Sharing

March 20th, 2024

In the evolving landscape of agriculture, ensuring the food safety of produce is a top priority for growers. As the industry experiences technological advancements, the integration of modeling and data-sharing can be a vital and powerful tool to assess and mitigate risk in growing, packing, processing, and shipping produce. A collaborative approach must be adopted to create a sense of community and foster community-driven responsibility as food safety challenges are tackled.

Simulations and predictive models are processes that attempt to replicate behaviors of real-world scenarios or use historical data to forecast outcomes. These models have proven to be indispensable tools for nearly every single aspect of our day-to-day lives, from weather to sports to social media, data, and models are ever-present. In the field of agriculture and food safety, these models can be valuable tools. Simulation models of leafy green supply chains have highlighted the importance of controlling and monitoring wash water chemistry to prevent cross-contamination and controlling temperature during transportation and retail to prevent microbial growth [1, 2]. Agent-based simulation models have highlighted the contamination dynamics, risks, and best corrective actions for processing facility equipment surfaces for Listeria monocytogenes [3,4]. New Center for Produce Safety (CPS)-funded projects such as one being conducted by the University of Illinois Urbana-Champaign and Cornell University are looking to build a flexible model that the industry can use to assess best practices and guide food safety investments.

Data sharing is the concept of making data available for others to access, use, and in some cases distribute. Data sharing involves the intentional and controlled use of data for analysis and collaborative research. Like simulations and predictive models, data data-sharing has shown to be very beneficial, in healthcare data-sharing initiatives have embraced data-sharing related to treatment and diagnosis to achieve better medical outcomes. In transportation, companies such as Uber are sharing aggregated and anonymized data to better understand traffic patterns for more efficient urban planning.

In the produce industry modeling and data sharing together can have a tremendous impact. Data-sharing platforms such as GreenLink® operate as central hubs, enabling growers to contribute their testing and observational data for further analysis. These analyses can help areas such the parametrization, the process of defining variables to describe how something works or behaves, for predictive models as uncertain parameters such as in-field contamination prevalence and levels can be optimized by analyzing aggregated data. Decision-making and guidance documents can take a dynamic approach, where insights from time series analysis guide practices such as increased monitoring during riskier seasons. Association analysis, the task of finding interesting datasets, can be leveraged to prioritize practices based on risk. Finally, data sharing can allow the industry to anticipate food safety issues, to proactively create and provide timely resources to growers, packers, processors, and shippers. These collaborative approaches are fundamental to getting us closer to tasking smarter data-based decisions.

While data-sharing and modeling offer many benefits, challenges, and risks such as data privacy, security, and data quality exists. To address these challenges data-sharing platforms such as GreenLink® have instituted data-sharing policies and data-sharing agreements to address privacy concerns. Data is aggregated, anonymized, and access-controlled to address security risks. Data standards, quality checks, and data validation is conducted to control the quality of the data.

In conclusion, collaborative simulation models paired with data-sharing platforms are a pivotal advancement to proactively advance food safety. As agriculture and data become more present in day-to-day operations the path forward should focus on building a connected future where growers collaboratively shape produce safety and increase the amount of usable data for researchers to continue developing these modeling tools.

References

1.Mokhtari, A., et al., Evaluation of Potential Impacts of Free Chlorine during Washing of Fresh‐Cut Leafy Greens on Escherichia coli O157:H7 Cross‐Contamination and Risk of Illness. Risk Analysis,2021.42(5): p. 966-988.

2.Pang, H., et al., Quantitative Microbial Risk Assessment for Escherichia coli O157:H7 in Fresh‐Cut Lettuce. Journal of Food Protection, 2017.80(2): p. 302-311.

3.Barnett-Neefs, C., et al., Using agent‐based modeling to compare corrective actions for Listeria contamination in produce packing houses. Plos one, 2022.17(3): p. e0265251.

4.Zoellner, C., et al., EnABLe: An agent‐based model to understand Listeria dynamics in food processing facilities. Scientific reports, 2019.9(1): p. 495.

5.CPS Center for Produce Safety. Flexible risk process models to quantify residual risks and the impact of interventions. 2023 [cited 2024 Jan 25th ]; Available from: https://www.centerforproducesafety.org/researchproject/491/awards/Flexible_risk_process_models_to_quantify_residual_risks_and_the_impact_of_interventions.html.

The 2024 Arizona Legislative Session

March 12th, 2024

As we approach the midway point of the 2024 Arizona Legislative session, numerous key policy debates are occurring. The session started with a renewed focus on addressing issues that impact the state and its residents. From education and healthcare to economic development and environmental concerns, Arizona’s legislators have had a challenging session.

Water: As was expected, Legislators are working to address several crucial policy issues related to water management in the state. With Arizona facing ongoing challenges of water scarcity and drought, policymakers will likely focus on implementing sustainable strategies to ensure the long-term availability of this vital resource. Policy discussions have included the allocation of water rights, conservation measures and the development of innovative technologies for water treatment and reuse. As I write this (mid-February), a counter proposal to the Governor’s Water Council recommendation has been heard in committee. The outcome of this bill is far from certain, as stakeholders and experts anticipate a robust debate on these matters as Arizona seeks to secure its water future.

Education: Education is a top priority during the 2024 legislative session. Lawmakers will likely continue to focus on improving funding for public schools, expanding access to quality early childhood education and addressing the teacher shortage issue. Additionally, discussions around school choice, charter schools and educational equity have taken center stage.

Healthcare: Access to affordable and quality healthcare remains a pressing concern for many Arizonans. The session is likely to address healthcare policy issues such as expanding Medicaid coverage, improving mental health services and finding innovative solutions to reduce healthcare costs. The various long-term impacts of the COVID-19 pandemic may also influence discussions on public health infrastructure and emergency preparedness.

Economic Development: Arizona’s economic growth and development will be a key area of focus during the 2024 legislative session. Lawmakers will likely explore ways to attract new businesses, promote entrepreneurship and support existing industries. Discussions on tax incentives, workforce development and infrastructure investments are expected to shape the economic agenda.

Criminal Justice Reform: After gaining significant attention in recent years, lawmakers may focus on issues such as reducing recidivism rates, addressing sentencing disparities and improving rehabilitation programs. Discussions on police accountability and community policing strategies may also take place.

Immigration: Given Arizona’s proximity to the U.S.-Mexico border, immigration policy is likely to be a prominent topic during the legislative session. Lawmakers may engage in discussions on border security, immigration enforcement and pathways to citizenship. Striking a balance between national security and compassionate immigration policies will be a complex challenge.

The 2024 Arizona Legislative Session holds great significance for the state and its residents. With a wide range of policy issues on the agenda, lawmakers will have the opportunity to shape the future of education, healthcare, economic development, the environment, criminal justice and immigration. It is crucial for legislators to engage in thoughtful and inclusive discussions, considering the diverse needs and perspectives of Arizona’s population. By addressing these policy issues effectively, the state can strive toward a brighter and more prosperous future for all its residents. Know that Western Growers will be watching and engaging, ensuring the Specialty Crop industry will thrive for years to come.

Carrying the Dispute Resolution Corporation Torch

March 6th, 2024

The implementation of the North American Free Trade Agreement (NAFTA) in 1994 revolutionized the North American fresh produce industry, creating a unified marketplace and opening significant cross-border trade and investment opportunities. Despite its advertised benefits, however, this transformation also amplified the potential for disputes, contract breaches and related issues that invariably arise in fresh produce transactions.

While the U.S. already had a dispute resolution systemin place under the Perishable Agricultural Commodities Act (PACA), Canada’s regulatory framework proved ineffective in resolving most disputes, and Mexico lacked an international dispute settlement mechanism entirely. Consequently, U.S. and Canadian produce companies often resorted to costly court proceedings.

Recognizing this gap in member protection, WG played a pivotal role in creating the Dispute Resolution Corporation (DRC) in February 2000, providing a non-profit membership-based dispute resolution body to support the North American fruit and vegetable industry. The DRC offers its members harmonized standards, procedures and services that help them avoid (and mediate, if necessary) disputes.

Crucial to the establishment and early successes of this tri-national dispute resolution system was long-time WG legend Matt McInerney, who guided the DRC as chair its first17 years. (In another notable, related accomplishment, McInerney was also instrumental in securing passage of the PACA Trust amendment in 1984, granting domestic produce suppliers first-priority creditor status in buyer bankruptcies.) After an illustrious 43-year career serving the fresh produce industry, McInerney retired in his role as Executive Senior Vice President in March 2019.

As a third-generation agriculturalist and McInerney protégé, I hope to continue his legacy in my position as Commodity & Supply Chain Services Director. Over the last decade, I have supported the WG membership in various capacities and now serve as the association’s expert in PACA and dispute resolution matters.

After a several-year WG absence following McInerney’s retirement, I was honored to have the WG torch passed to me in December 2023 when my nomination to serve on the DRC board was approved by its current directors. Once again, WG will be at the table in setting the policies and trading standards of the DRC, which is governed by a board of 14 directors representing Canada, the U.S., Mexico and Chile.

In particular, I am committed to monitoring Canadian issues impacting the domestic fresh produce industry and upholding the legacy of collaboration in addressing the North American trade challenges faced by our members.

One immediate area of focus is the Canadian legislative bill C-280, the Financial Protection for Fresh Fruit and Vegetable Farmers Act, which was passed in the House of Commons with all-party support on October25, 2023. If passed by the Canadian Senate, Bill C-280 would establish a trust mechanism for fresh produce growers and sellers in Canada, similar to the PACA Trust for U.S. producers, to ensure payment in the event of buyer bankruptcy.

The establishment of a PACA-inspired system in Canada has been a longstanding objective for the DRC, WG, and the wider North American fresh fruit and vegetable sector. The progress of this Canadian bill underscores the ongoing significance of the DRC in safeguarding WG members and highlights the pivotal role our association can fulfill in ensuring its sustained efficacy.

Thanks to his mentorship and the early influence he had on my career at WG, I am confident that my approach will closely mirror the legacy of the McInerney tradition.

California’s Ag Overtime Law: Good Intentions, Unintended Consequences

March 4th, 2024

The enactment of AB 1066 in 2019, expanding overtime pay for agricultural workers in California, was celebrated as a progressive step toward equity in the labor market. However, the nuances and complexities of agricultural economics have rendered the law’s impact less straightforward and, in many cases, counterproductive.

In her article, California’s Overtime Law for Agricultural Workers: What Happened to Worker Hours and Pay? Dr. Alexandra E. Hill, assistant professor in the Department of Agricultural and Resource Economics at U.C. Berkely, has provided empirical evidence supporting what many in the agricultural community anticipated: a reduction in weekly working hours and earnings for crop workers. This outcome underscores a fundamental misalignment between the legislation’s intentions and the realities of agricultural operations.

Western Growers, alongside myriad voices within the agricultural community, sounded the clarion call, warning of the repercussions that such legislation might engender. We explained that agriculture, unlike many other industries, is inherently tied to the rhythms of nature and the seasons. Factors such as weather variability, pest pressures and the perishable nature of crops dictate work schedules that are often incompatible with standard overtime regulations. Additionally, the labor-intensive nature of many agricultural tasks during peak seasons means that working hours can be long and unpredictable, necessitating a flexibility that AB 1066 does not afford.

The increased labor costs resulting from the law have prompted many producers, particularly small family farmers, to seek alternatives. This has led to a surge in mechanization and reliance on the H-2A visa program for temporary agricultural workers. While these strategies may address labor costs, they also introduce new challenges, including capital investment requirements for mechanization and building or otherwise providing free housing for H-2A employees.

Moreover, the broader economic context cannot be ignored. California’s agricultural sector is not only competing domestically but also on a global scale, where producers often face lower wage and regulatory burdens. This global competition puts additional pressure on California farmers to maintain cost competitiveness, further exacerbating the challenges posed by AB 1066. As a result, many farmers are either moving their operations to other states and countries, or shutting down their operations, rather than saddling the next generation with an unsustainable burden of high labor costs and regulatory constraints that undermine the farm’s economic viability and the traditional family farming way of life.

The implementation of AB 1066 has had profound effects on farmworkers, impacting not just their work life but also their personal and family well-being. The reduction in hours and earnings means more than just smaller paychecks; it translates into real hardships for individuals and families reliant on these wages. Workers face increased financial stress, struggling to cover basic living expenses such as housing, food, fuel and health care.

A July 2023 NPR piece says it all: “These farmworkers thought a new overtime law would help them. Now they want it gone.” That piece tells how reduced hours caused by new overtime laws has cut take-home pay and forced farmworkers to work two jobs instead of one, resulting in new economic pressure and a reduced quality of life.

The ripple effects extend into local communities, where decreased spending by agricultural workers results in less business for local shops and services, further straining rural economies. This cycle of economic contraction exacerbates the vulnerabilities of already struggling communities, underscoring the need for legislation that truly reflects the realities of agricultural labor and supports the well-being of workers and their families.

What, then, is the path forward? The findings from Dr. Hill’s study and the lived experiences of California’s agricultural community point to the need for a more tailored approach to labor legislation in the sector. This approach should account for the unique demands of agricultural production, offering flexibility to accommodate peak seasons while not incentivizing the reduction of hours offered.

Other states have adopted varied strategies to address the implications of overtime laws for farmworkers. For example, New York offers a tax credit to offset the additional costs farmers incur from overtime premiums, as part of a gradual rollout of its overtime legislation over several years. Colorado, on the other hand, has set a higher overtime threshold for small farms and seasonal work, allowing for a more flexible application of overtime pay rules to accommodate the specific needs of the agricultural sector. These approaches reflect an attempt to balance the protection of farmworkers with the operational realities of farming, providing potential models for refining California’s approach to agricultural labor laws.

While AB 1066 was rooted in a well-intentioned desire to improve conditions for agricultural workers, its real-world implementation has resulted in precisely the opposite effect. It has painted in stark relief the complexity of applying one-size-fits-all solutions to the agricultural sector. Moving forward requires nuanced, collaborative efforts that not only respect the unique characteristics of agricultural work and strive for fairness for agricultural employees, but also recognize the vital role of California’s specialty crop industry in feeding the nation and “…the economic realities of producing food in a state that leads the nation in agricultural innovation but faces unparalleled regulatory and cost pressures.”

A Lesson from the California Supreme Court on Compensable Time

March 28th, 2024

A recent California Supreme Court ruling clarifies California’s Industrial Welfare Commission (IWC) Wage Order (WO) requirements entitling employees to at least minimum wage compensation for all “hours worked.”

In the case Huerta v. CSI Electrical Contractors , the Court focused on three specific questions centered on the applicability of the term ‘hours worked’ as found in WO #16.  Although WO #16 does not govern agriculture, the term ‘hours worked’ is similarly defined in all wage orders regardless of industry. The Court’s findings are therefore worth taking note of as they can be applied to similar situations across a wide array of industries/occupations, including agriculture.

Questions Addressed by the Court and its Findings:

1. Compensability of Time Spent Undergoing Employer-Mandated Exit Procedure:

  • The first question addressed by the Court was whether employee time spent on the employer’s premises awaiting/undergoing employer-mandated exit procedures is compensable as “hours worked.”
  • The Court found that employees awaiting/undergoing such procedures (e.g., time spent waiting to scan identification badges, performing vehicle inspections and then exiting a security gate) are entitled to compensation for “hours worked” as that term is defined under the applicable WO.
  • With limited exception, across all WO’s, ‘hours worked’ is defined as “the time during which an employee is subject to the control of an employer and includes all the time the employee is suffered or permitted to work, whether or not required to do so.”

2. Compensability of Travel Time:

  • The second question before the Court concerned ‘employer-mandated travel’ under WO #16 as well as ‘hours worked.’ The question was whether time spent on the employer’s premises in a personal vehicle, driving between a Security Gate and the employee parking lots, while subject to certain rules from the employer, is compensable as ‘hours worked’ or as ‘employer-mandated travel’?
  • The Court found that travel time between the Security Gate and employee parking lots is compensable as “employer-mandated travel” under section 5(A) of Wage Order No. 16 under certain circumstances (e.g., if the Security Gate is the first location where the employee’s presence is required for an employment-related reason). However, ordinary workplace rules (such as those under WO #14) imposed during travel do not render this time as “hours worked.”

3. Compensability of Unpaid Meal Periods:

  • The third and final question was whether time spent on the employer’s premises, when workers are prohibited from leaving but not required to engage in employer-mandated activities, is compensable as ‘hours worked’ within the meaning of the WO or under California Labor Code Section 1194, when that time was designated as an unpaid ‘meal period’ under a qualifying collective bargaining agreement?”
  • According to the Court, even if covered by a collective bargaining agreement providing for unpaid meal periods, time is compensable if the employer prohibits the employee from leaving the premises or designated area during the meal period, thereby preventing the employee from engaging in personal activities.

What Does It All Mean?

No matter the WO at issue, the Court’s ruling emphasizes the need to ensure that employees are accurately compensated for all hours worked, including time spent undergoing exit procedures and traveling between multiple sites on the employer’s premises. To accomplish this goal, agricultural employers should familiarize themselves with WO #14 covering agricultural occupations (or WO’s #8 [Industries Handling Products After Harvest] and #13 [Industries Preparing Agricultural Products for Market, on the Farm]); their definitions, rules governing hours and days of work, minimum wage requirements, reporting time pay, meal and lodging rules, and meal/rest period mandates.

Lawsuit Challenges USCIS Fee Hikes

March 28th, 2024

A recent legal challenge has been mounted against the U.S. Citizenship and Immigration Services (USCIS) over its decision to significantly hike immigration filing fees, a move that could impose considerable financial burdens on H-2A employers. The new rule, set to take effect on April 1, 2024, introduces a 15% increase for unnamed H-2A workers, raising the filing fee from $460 to $530 per petition. More strikingly, the fee for named H-2A workers will see a 137% surge, jumping from $460 to an unprecedented $1,090 per petition, with a limit of 25 named workers for each H-2A petition. Smaller entities, including businesses with 25 or fewer employees and nonprofit organizations, face a more modest increase; the fee for unnamed H-2A workers remains at $460, while named H-2A worker petitions will incur an 18% fee increase to $545 per petition. Additionally, a new $600 Asylum Program Fee will be levied on certain employment-based immigration petitions, including H-2 petitions.

The lawsuit, spearheaded by several industry groups, aims to halt the implementation of the new fees, arguing that they were established without proper rulemaking procedures and impose unjust financial burdens on specific petitioner categories.

As of this writing, the fee increases are scheduled to go into effect on April 1. As the legal proceedings unfold, a ruling is expected that could delay or modify the impending fee increases.

Cal/OSHA Indoor Heat Regulation Limbo – What Now?

March 28th, 2024

As discussed here, on March 22, 2024, the Cal/OSHA Standards Board took an unexpected step by unanimously approving an indoor heat illness prevention regulation. The approval has left California employers in a precarious state of limbo. What happens next?

Over the next 30 working days, the California Office of Administrative Law (OAL) must review the rulemaking record to ensure agency requirements to pass the rule were satisfied. Depending on the outcome of this review it will either approve the rule for filing with the Secretary of State or reject it and send it back to be re-introduced for a revote.

What Does it All Mean?

Despite a likely circuitous route to finalization, preparation is the best course of action.  The best place to begin is to become familiar with the proposed rule. A few key points are outlined below.

For employers with indoor work areas where the temperature equals or exceed 82 degrees Fahrenheit when employees are present, the proposed rule would add the following requirements:

  • Cool-Down Areas: The term “cool-down area” in the regulation is used in lieu of the term “shade” to clarify that a cool-down area can be indoors or outdoors. This area must be maintained at a temperature below 82 degrees, blocked from direct sunlight, and shielded from other high radiant heat sources. In addition, employers will be required to allow and encourage employees to take preventative cool-down rests when they feel the need to do so to protect themselves from overheating.
  • Provision of Water: This requirement to provide water in indoor cool-down areas is to harmonize with existing drinking water requirements for outdoor hear illness protection and to ensure quick access to drinking water as a means of controlling heat illness. Specific water quantities are provided to ensure quantities sufficient to maximize the effectiveness of drinking water as a measure to prevent heat illness.
  • Training: This provision requires that supervisory and nonsupervisory employees be provided certain information before beginning work, including:
    • The role environmental and personal risk factors play in exacerbating the risk of heat illness;
    • A description of the employer’s procedures and employees’ rights;
    • An explanation of the importance of drinking small quantities of water frequently;
    • The importance of acclimatization and close observation;
    • The signs and symptoms of heat illness along with the appropriate first aid and the importance of immediately reporting signs and symptoms;
    • The employer’s procedures for responding to possible heat illness and for contacting emergency services; and
    • The employer’s procedures for ensuring that clear and precise directions are provided to emergency responders.
  • Emergency Response Procedures: Emergency response procedures must include maintaining effective communication; responding to signs and symptoms of possible heat illness; contacting emergency medical services; and ensuring that clear and precise directions to the work site are provided to emergency responders.
  • Observation During Acclimatization: Requires close observation of all employees where no effective engineering controls are in use to control the effect of outdoor heat on indoor temperature during a heat wave. The regulation identifies the trigger temperature or heat index that requires close observation of an employee who has been newly assigned to a work area, or work involving the use of clothing that restricts heat removal, or a high radiant heat area.
  • Heat Illness Prevention Plan (HIPP): Employers must establish, implement, and maintain an effective HIPP that is available in both English and the language understood by the majority of the employees and be available at the worksite to employees and to representatives of Cal/OSHA upon request. At a minimum, the HIPP must include:
    • Procedures for the provision of water and access to cool-down areas;
    • The assessment and control measures of work areas;
    • Emergency response procedures; and
    • Close observation during acclimatization.

Western Growers Science: Exploring Data Science Basics & Leveraging Your Data

March 25th, 2024

Join our webinar, where we will dive into key concepts and practical strategies on how to leverage your data. This webinar will unpack data science fundamentals, clarifying common terms and providing industry insights on how to best leverage data for food safety.

Details
Tuesday, April 9, 2024
10:00am – 11:00am
Virtual Webinar

Register Here

Western Growers Legal: Playing by the Non-Compete Rules Webinar

March 27th, 2024

Join us for the second in a series of webinars brought to you by Agribusiness Committee of the California Lawyers Association, Business Law Section.  This installment focuses on what members can and cannot do with non-compete agreements.

Our speakers, June Monroe from Fennemore LLP and Christopher Passerelli from Dickenson Peatman & Fogarty, explore the nuances of these contracts and provide actionable advice and strategies to safeguard your company’s interests while respecting legal boundaries.

You will enhance your understanding of non-compete agreements, enabling you to navigate them confidently and ethically within the agribusiness landscape.

Details
Wednesday, April 17, 2024
11:00am – 12:00pm
Virtual Webinar

Register Here

MCLE credit provided by Fennemore LLP.   This activity has been approved for MCLE credit by the State Bar of California in the amount of one (1) hour.  Fennemore LLP is a State Bar of California approved MCLE provider and certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing MCLE.

Pinnacle Kicks Off Broker Success Summit Series in Fresno

March 27th, 2024

More than two dozen brokers gathered at Pinnacle Claims Management’s Broker Success Summit in Fresno this week. The event, held at the Table Mountain Casino Resort, was designed to connect and empower brokers with tools and strategies to grow their business and learn more about the benefits of partnering with Pinnacle.

Presenters included Kyle Gerdts, VP of Sales and Account Management for Pinnacle; Don Anderson, VP, Pharmacy Benefit Management & Clinical Services for PinnacleRx Solutions; Martin Lutzeier, Regional Vice President, Anthem Blue Cross; and Kelly Liebman, Senior Vice President of Sales, Rightway Healthcare.

Following the presentations, attendees were invited to engage and interact with several kiosks and displays that showcased a Rightway Healthcare prototype, a Price is Right Edition for Pinnacle’s Mexico Cross-Border program, analytics reporting dashboard Springbuk and a PinnacleRx Solutions Savings Calculator. Brokers also had the opportunity to preview Pinnacle’s latest Self-Funding Design Lab, giving them the ability to craft tailored solutions to optimize plans, visualize cost-savings and maximize value for their clients.

Pinnacle will be holding additional broker events in Arizona and Southern and Northern California in the coming months.

For more details on future events, please contact Kyle Gerdts at [email protected].

Western Growers Science: The Next Frontier of Environmental Monitoring: Tracking & Tools Webinar

March 25th, 2024
Is your Environmental Monitoring Program (EMP) doing enough? New advancements in tools for EMPs suggest re-visiting what “good” looks like.

Testing one’s production environment for microorganisms like Listeria and Salmonella has become commonplace; however, is your program returning on your investment? How do you know, and what new tools are at your disposal to make sure your testing efforts are optimized for learning and controlling risks?

With new advancements in Whole Genome Sequencing (WGS) and outbreak identification, there are BIG implications when EMPs are not optimized to “find” everything that might be in a facility, production area, or harvest equipment. Join Oxford Nanopore and Eurofins Microbiology as we learn more about new diagnostic approaches available to the industry and hear about ways to ensure your EMP delivers the protection and insight you want and need.

Details
Thursday, April 18, 2024
10:00am – 11:00am
Virtual Webinar

Register Here

California Ag Coalition Lodges Objections Regarding New H-2A Notice

March 21st, 2024

The California agricultural community, represented by Western Growers and a coalition of labor law attorneys and agricultural associations, has formally expressed their concerns regarding the Department of Industrial Relations’ (DIR) new Supplemental Notice related to the H-2A visa program. The letter submitted by the coalition focuses on several pivotal issues that could significantly impact both employers and H-2A workers in the agricultural sector. Below is a summary of the principal concerns raised by the coalition.

Compensable Travel Time: The coalition is concerned about the interpretation and enforcement of compensable travel time under the new notice. The language in the Supplemental Notice about what constitutes compensable travel time is inconsistent with state law and could lead to confusion and potential legal disputes.

Meal Periods: The provision of meal periods as outlined in the Supplemental Notice misstates the law on the requirements for providing meals.

Paid Sick Leave: The requirements for paid sick leave as described under the new notice are potentially more onerous than required and exceed state mandates.

Provision of Meals: The specifications for the provision of meals to H-2A workers, as detailed in the Supplemental Notice, are another point of contention. The coalition is concerned that the requirements as stated in the notice potentially conflict with the U.S. Department of Labor’s interpretation of the H-2A regulations.

Housing Rights: The coalition also raised significant concerns regarding the housing rights of H-2A workers as outlined in the new notice. The Supplemental Notice states that H-2A employees are “tenants” utilizing H-2A housing, which is contradicted by state law.

Listing of NGOs: The Supplemental Notice inappropriately lists several non-governmental organizations (NGOs) as resources, including UFW, CRLA, and other organizations that are adversarial to agricultural employers, and is not an element required by AB 636, the law that was enacted to require the notice.

In addition to the letter, the Coalition submitted proposed revisions to the template notice that incorporates the changes requested in the letter.

We extend our gratitude to Rebecca Hause-Shultz from Fisher Philips, Carl Borden of the California Farm Bureau, Carmen Ponce with Tanimura & Antle, Jeanne Malitz from MalitzLaw, Jason Resnick of Western Growers, and Rob Roy, Ventura County Ag Association, for their invaluable contributions and collaborative efforts in addressing this critical issue, and many others who supported this effort.

To date, no response has been received from the DIR. Pursuant to AB 636 which amended Labor Code section 2810.5, commencing March 15, 2024, an employer of an H-2A employee admitted “shall comply … by giving workers a copy of the template developed by the Labor Commissioner…” (emphasis added). As of now, it is recommended that H-2A employers provide the current Supplemental Notice unless and until it is amended.

Best Practices: OSHA Complaints/Inspections

March 21st, 2024

Representatives of the U.S Occupational, Safety and Health Association (OSHA) as well as Cal/OSHA and Arizona’s ADOSH are authorized to inspect the workplace whenever they have reason to believe an employee may be in danger due to employment hazards.  Complaints of workplace hazards can manifest in several ways, but employee complaints are the most common. Below are a few key points when it comes to understanding employee-initiated OSHA complaints and how to handle inspection visits.

Employee Initiated Complaints

Employees have the right to submit complaints if they encounter safety or health hazards in the workplace. These complaints often involve ongoing issues that affect employee well-being. Common safety and health hazards include:

  • Unsafe Working Conditions: Employees can report hazardous conditions such as faulty equipment, inadequate safety measures, or lack of proper training.
  • Health Risks: Complaints related to exposure to harmful substances, poor ventilation, or inadequate personal protective equipment fall under this category.
  • Physical Hazards: These include risks like slippery floors, electrical hazards, or unsafe machinery.
  • Ergonomic Concerns: Employees can complain about uncomfortable workstations, repetitive strain injuries, or improper lifting techniques.

Employees who believe they have faced retaliation from their employer for raising safety or health concerns can also file complaints with OSHA. Retaliation may take various forms, such as:

  • Adverse Employment Action: If an employer takes adverse actions (such as termination, demotion, or reduced hours) against an employee for reporting hazards, it constitutes retaliation.
  • Intimidation: Threats, harassment, or creating a hostile work environment due to safety complaints are unacceptable.
  • Reduced Benefits or Pay: Retaliatory measures may include reducing benefits, pay, or denying promotions.

Handling Inspection Visits

OSHA inspectors often visit workplaces unannounced, typically during regular hours. Employers are advised to establish inspection procedures due to the unpredictable nature of these types of visits. Here are a few key steps to effectively interact with inspection officers:

  1. Upon arrival, instruct all employees to direct the inspector to a designated representative.
  2. Inform the inspector to wait for the company’s designated representative, typically the safety coordinator or plant manager. All managers should be notified of the inspector’s presence.
  3. If the designated representative is unavailable within 30 to 60 minutes, inform the inspector. Respectfully suggest rescheduling the inspection.
  4. If the representative is available, allow the inspector to conduct the opening conference. An employee representative may also attend.
  5. During the opening conference, ask the reason for the inspection and attempt to limit its scope.
  6. The inspector will initiate the investigation after the opening conference.
  7. The designated representative should accompany the inspector throughout the inspection, except when the inspector wishes to speak to employees privately.
  8. Employees should always answer inspection-related questions courteously and directly.
  9. The inspector may take samples and photographs; with trade secrets subject to confidentiality provisions.
  10. Keep a record of the inspection’s scope, interactions, and observations.
  11. Request a closing conference after the inspection. Multiple company representatives should attend.
  12. Prepare a report of the inspection marked “For Legal Review” and send it only to legal counsel for attorney-client privilege. Keep copies confidential.

What Does It All Mean?

Employers should strive to take employee complaints seriously and address safety and health concerns promptly. At every opportunity encourage open communication, provide proper training, and create a safe work environment to prevent hazards and potential retaliation.

Remember, a proactive approach to safety benefits both employees and the organization.

“Uncharted Territory”: The Controversial Passage of Cal/OSHA’s Indoor Heat Standard

March 21st, 2024

In a surprising turn of events, the Cal/OSHA Standards Board took an unexpected step by unanimously approving an indoor heat illness prevention regulation, despite being advised to delay the vote. This decision thrust the Board into what Autumn Gonzalez, the Board Chief Counsel, described as “uncharted territory.” The backstory to this circus of a hearing is as intriguing as the decision itself.

The controversy began when the California Department of Finance (CDF) withdrew its endorsement of certain sections of the Standardized Regulatory Impact Assessment, which is essential for the enactment of any new regulation. The withdrawal specifically targeted sections evaluating the financial impact on public institutions and, by extension, the taxpayers.

This development set the stage for a dramatic series of events at a meeting in San Diego, where labor advocates and activists were anticipating the ratification of the regulation they had long championed. Their response to the unexpected setback was swift and disruptive. Protesters vocally and noisily expressed their disapproval, bringing the meeting to a standstill until law enforcement intervened. Then an exasperated Board Chair, David Thomas, gaveled out and called the meeting “adjourned.” Later, after a number of citizens had departed the venue, the Board reconvened.

The Board decided to proceed with the vote over CDF’s objections. That decision plus the vote having taken place after the Chair struck the gavel to adjourn the meeting has raised significant questions about its legality. The future of the regulation remains uncertain. An emergency meeting of the Board might also be on the cards to finalize the standard before the current rulemaking period concludes in April. If not resolved by then, Cal/OSHA would be forced to return to square one on a regulation that has been in development since 2012, with the possibility that the fiscal analysis resubmission could extend beyond the April deadline.

Despite the regulatory hurdles and contentious atmosphere, the indoor heat illness prevention standard was passed. However, questions linger about its effect and the implications of the Board’s unconventional decision.

Bari Weiss to Keynote PAC Luncheon at Western Growers 2024 Annual Meeting

March 19th, 2024

Award-winning journalist and author Bari Weiss will be the PAC Luncheon speaker during the Western Growers 2024 Annual Meeting, which is set for Nov. 3-6 at the JW Marriott Scottsdale Camelback Inn Resort and Spa in Scottsdale, Arizona.

Bari is the founder and editor of The Free Press and host of the podcast Honestly. She is an ardent believer that the free exchange of ideas is central to a democratic society, which ultimately led to her resignation as opinion writer and editor at The New York Times in 2020. Before that, she was an op-ed and book review editor at The Wall Street Journal and a senior editor at Tablet Magazine.

Bari has won several awards, including the LA Press Club’s 2021 Daniel Pearl Award for Courage and Integrity in Journalism, the Per Ahlmark award in recognition of her moral courage and Reason Foundation’s 2018 Bastiat Prize, which honors writing that “best demonstrates the importance of freedom with originality, wit, and eloquence.” In 2019, Vanity Fair called Bari the Times’s “star opinion writer.”

Bari is a proud Pittsburgh native. Her first book, “How to Fight Anti-Semitism,” was the winner of a 2019 National Jewish Book Award.

A premier gathering for agricultural industry leaders, the Western Growers Annual Meeting promises unparalleled networking opportunities, distinguished speakers and world-class entertainment.

Visit the Annual Meeting website at wgannualmeeting.com, where we’ll be adding frequent updates, including registration information, keynote speakers, sponsorship opportunities and more.

Registration opens in May.