News and Current Site Selections

AgJOBS-05 Introduced in Congress -- *updated March 1

At a Feb. 10 press conference, Senators Larry Craig and Edward Kennedy announced their re-introduction of a bill that would provide legalization opportunities for current farm workers and streamline the H-2A agricultural work visa program. Reps. Howard Berman and Chris Cannon introduced their companion bill in the House of Representatives a week later. The Agricultural Job Opportunities, Benefits, and Security Act of 2005, currently with 34 co-sponsors in the Senate and 15 in the House, is virtually the same as its 2003 namesake that gained strong bipartisan support (62 Senate and 125 House co-sponsors) but was not brought to a vote before it died at the end of the 2003-04 Congressional session. Content and progress of these and other bills can be followed from a proposals section on the Federal regulation page in the redesigned APMP site, now available to preview.

Two Major Educational Meetings in February

The AgSafe Coalition and the Agricultural Personnel Management Association, two organizations that focus on management of farm labor, are holding their 2005 statewide meetings in Seaside and Napa respectively. Both feature keynote addresses, a variety of concurrent workshops, displays, some sessions presented in Spanish, networking opportunities and more, and they are open to non-members as well as members. The 11th Annual AgSafe Conference will be at the Embassy Suites (Monterey Bay) on Feb. 2-3, preceded by early bird workshops on Feb. 1. For more information, a brochure, or a registration form, see the conference webpage or call 559/278-4404. The APMA will present its silver anniversary Annual Forum at the Silverado Resort, Napa, on Feb. 23-25. The Society for Human Resource Management has approved credit hours for attendees toward PHR (Professional in Human Resources) and SPHR (Senior Professional in Human Resources) recertification. For more information, email Dean Callender or call him at 831/422-8023.

New Reports on Agricultural Employment

Two recent releases from the USDA provide data about jobs on farms and in related industry across the nation. The November 19, 2004, issue of Farm Labor, a quarterly report from the National Agricultural Statistics Service, estimates that 1,173,000 hired workers were on U.S. farms and ranches during its October 10-16 survey week, including 851,000 (73%) direct employees and 322,000 (27%) employees of farm labor contractors (FLCs) and other contracted service firms. California agricultural workers were 27% of the national total, and 38% of these CA workers were employed by FLCs. The average hourly wage in CA for directly hired field and livestock workers was $8.57, for FLC employees $9.04. The second report, Farm and Farm-Related Employment, is published by the Economic Research Service. It uses data from the Bureau of Economic Analysis and the Census Bureau's County Business Patterns to generate state-by-state estimates of not only hired farm workers but also farm proprietors and employees of agricultural service, input, processing, marketing, wholesale and retail trade businesses. Numbers for 2001, the latest available, were recently added to those for prior years.

Cal/OSHA Board Approves Emergency Rule on Hand Work, Considers Permanent Standard -- *updated Jan. 20

At its September 23 meeting, the California Occupational Safety and Health Standards Board (OSHSB) voted unanimously to adopt the regulatory amendment (pdf download) that worker and grower representatives had agreed upon to help reduce risks of back injury in agricultural work. After approval by the Office of Administrative Law, the rule took effect October 7, 2004, on an emergency basis and will expire February 5, 2005. This amendment to a longstanding regulation entitled "Hand-Held Tools" (CCR chapter 4, subchapter 7, article 13, sec. 3456) generally prohibits weeding, thinning and hot-capping by hand in a stooped, kneeling, or squatting position, except under specific circumstances, and it requires that employees who do perform hand work in most of these circumstances be provided with gloves, knee pads, training, and rest periods 5 minutes longer than the standard 10. A rulemaking process to adopt this amendment as a permanent standard was initiated in October, and a public hearing on it was held at the November 18 OSHSB meeting in Glendale. A Cal/OSHA web page provides access to the Notice of proposed changes, the proposed standard itself, and the initial statement of reasons for the regulatory change. While all speakers at the public hearing supported the rule concept, some recommended minor changes to reduce ambiguities in the proposed language. *The formal Summary and Response to the hearing comments will not be completed in time to adopt a permanent standard effective when the emergency rule expires (Feb. 5), so the Board is expected to re-adopt the emergency rule for another 120 days at its January meeting. Consideration of revised language for the permanent standard is anticipated at the February OSHSB meeting.

New Regulations for Use of Methyl Bromide

On Nov. 4, the CA Department of Pesticide Regulation announced "seasonal exposure" rules to enhance health protection for workers and others who may be affected by methyl bromide applied over several weeks. The regulations, effective immediately, authorize DPR and county Agricultural Commissioners to limit ambient air concentrations of methyl bromide through requiring use of buffer zones, strict application methods, and, if necessary, limits on use. The new rules also strengthen and clarify DPR restrictions on farm field fumigations first imposed in 2000. Fumigation work protections include requirements for respirators and workhour/workday limits, and they now explicitly apply to supervisors. DPR pesticide use reports show methyl bromide applications in California fell from more than 15 million pounds in 1999 to 6.5 million pounds in 2002.

FLC Alliance Up and Running

A new statewide association of farm labor contractors is welcoming members. The FLC Alliance formed this year to provide FLCs with business education, economies of scale in purchasing supplies and equipment, a group insurance program, referrals to well-qualified attorneys, professional public relations, and a unified voice in regulatory policy discussions. With organizing assistance from Don Dressler, formerly vice president of Western Growers and co-founder of Farm Employers Labor Service, the Alliance elected its first set of officers and board of directors at its member meeting in September. Contact information is listed along with that of other contractor associations on a page in this site.

Guide to Labor Laws for North American Migrant Workers

The Commission for Labor Cooperation, an international organization created under a supplementary accord to NAFTA [the North American Agreement on Labor Cooperation] has published an extremely informative Guide to Labor and Employment Laws for Migrant Workers in North America. This publication uses an attractive, clearly written, question-and-answer format to explain legal standards in Canada, Mexico, and the U.S. It is downloadable (pdf) in English, Spanish and French as a single document or in its component parts -- fact sheets about areas of the law, such as pay and benefits, child labor, on-the-job injuries, collective bargaining, and visa programs. The guide also includes a directory to government labor and employment offices and worker service organizations in every North American state and province.

Agreement Reached on Proposal to Restrict Hand Work

With assistance from Labor and Workforce Development Agency, employer and labor representatives have agreed on a proposed revision to the "short-handled hoe regulation" that would place new restrictions on avoidable hand weeding, thinning and hot capping. Continuing from respective drafts that were exchanged after the January meeting of the Handweeding Advisory Subcommittee, key committee members recently came to consensus on regulatory language that will be formally noticed, opened to public comment, and considered by the Cal/OSH Standards Board, tentatively in Fall 2004. Standards Board staff will inform interested parties about the upcoming process at a meeting to be held on July 9 at 9:00 am, 2211 Park Towne Circle, Sacramento. For a copy of the consensus proposal, click here (pdf file).

Conference on Dimensions and Issues in California Agriculture

Focusing on agricultural production in its environmental and political context, this meeting of practitioners, policymakers, and scholars will be presented in Sacramento on May 28 by the Giannini Foundation of Agricultural Economics. The conference is structured to provide for elaboration and dialogue on chapters of the recently published California Agriculture: Dimensions and Issues. For more information or to register, contact Amy Stewart, 510/642-5440, or click to dowload brochure (pdf file).

Legislative Proposals Would Revise SB796 - updated May 14

A controversial law enacted last year and effective January 2004 gives employees in California a right and incentive to bring civil actions against employers for violation of the state Labor Code. The "Labor Code Private Attorneys General Act of 2004" (LCPAGA), SB796, provides that civil money penalties collected in such action are to be distributed 50% to the General Fund, 25% to the Labor and Workforce Development Agency, and 25% to the aggrieved employee. In addition, an employee who prevails could recover attorney's fees, costs and penalties. Two bills were introduced in February 2004 to change the new law created by SB796 in different ways. One of them would have completely repealed the LCPAGA. Sponsored by Governor Schwarzenegger and brought to the Assembly as AB 2181 (Campbell), it failed passage in the Assembly Committee on Labor and Employment on March 31, was reconsidered and again defeated on April 21, and now is inactive. A committee analysis summarizing arguments for and against AB 2181 includes a list of supporting and opposing organizations. The other bill to alter the LCPAGA, SB1809 (Dunn), would leave most of its provisions in place but make them less likely to trigger frivolous or minor claims. It would require employees intending to bring suit to first report alleged violations to the Labor and Workforce Development Agency for action, and it would remove posting and notice violations altogether from coverage by the LCPAGA. These (SB1809) amendments are backed by most supporters of SB796 and have been approved by the Senate Committee on Labor and Industrial Relations. Readers can follow progress on this bill by subscribing to the Legislative Counsel's free tracking service.

Tools for Safety Training Across Culture/Language Barriers

The Oregon state OSHA now provides online access to a set of 11 modules that help employers deliver job safety training to Latino workers. Programa en Español de Seguridad e Higiene en el Trabajo de OR-OSHA ("PESO") has 11 main components -- five on general safety subjects, five on construction-related topics, and a valuable, overarching one -- "Cultures Languages & Safety" -- that focuses on different styles of organizing and delivering practical information at the workplace. Each module presents material in English, Spanish, and pictoral form combined in both powerpoint presentations and booklet document files that can be downloaded and photocopied for employees.

Guide to Which IWC Order Applies (pdf download)

In administering the California Labor Code, the Department of Industrial Relations regulates many terms of employment. The DIR Industrial Welfare Commission sets and periodically revises standards for allowable wages, hours, and working conditions in seventeen (17) designated industries or occupational groups, and it publishes those standards in seventeen respective "wage orders." Most agricultural employment is covered by one of three orders: Order - Industries Handling Products After Harvest; Order 13 - Industries Preparing Agricultural Products for Market, on the Farm; and Order 14 - Agricultural Occupations. The DIR booklet Which IWC Order? (pdf) explains how to determine where a specific business or occupation is classified within the IWC system. A related page in the IWC site traces the California minimum wage since its inception in 1943. Links to more DIR pages are on our California Agencies page.

Ag Health and Safety Education Materials at NASD

The National Agricultural Safety Database is a rich, well-structured repository of health, safety, and injury prevention materials for the agricultural community, especially for adaption by agricultural safety specialists. With recently enhanced function and look, this site now offers a large store of education and training resources organized by topic, state, language (Español), and form (e.g., fact sheet, news release, script, video abstract, poster). Stemming from a project funded by the National Institute for Occupational Safety and Health to develop a CD-ROM, the site is maintained currently by the Southern Coastal Agromedicine Center under a grant from NIOSH. A permanent link to NASD is first among those on our own reorganized Safety & Health page.

Time to Post Injury/illness Logs (Form 300)

Employer obligations to record keeping report on occupational injuries and illnesses are well explained, and forms provided, in a site created by the Cal/OSHA Consultation Service, a unit of the DIR Division of Occupational Safety and Health. California regulations as revised in 2001 now require posting of the Form 300for a calendar year from February 1 through April 30 of the next year. The site includes a brief summary of posting requirements and an extensive collection of answers to frequently asked questions. (thanks to Lupe Sandoval, USI Northern California, for an alert about this site)

Cal/OSHA Handweeding Advisory Subcommittee Resumes - updated March 10

On Friday, January 16, the advisory subcommittee considering proposed revisions to the "short-handled hoe rule" -- California Code of Regulations, Title 8, Section 3456 -- and the use of hand work to weed, thin, and hot cap in agricultural operations picked up from where it left off at its Aug. 29 meeting. Labor and grower representatives, with Cal/OSHA committee chair Tom Mitchell, continued their effort to narrow differences on the specific terms of a working draft regulation that would ban unnecessary hand work in a stooped, kneeling or squatting position. Significant questions remain about the reasonable availability of tools or alternative means to perform the operations and about the acceptability of damage that such alternatives may cause to plants or production systems (e.g., drip lines and sheet mulch). Labor and employer groups refined and exchanged their respective proposals in February, but a meeting that had been tentatively scheduled for February 27 was postponed indefinitely. If and when a date is set for another committee session, it will be announced right here.

AgSafe Conference Set for February 4-5

The 10th Annual Conference of the AgSafe coalition will take place at the Embassy Suites Hotel and Conference Center in Seaside (Monterey Co.) on February 4-5, 2004. The program features keynote presentations and many workshops in English and Spanish addressing such topics as workers' compensation, safety laws and regulations, pesticide and chemical safety, food safety, hazard communication, and heat stress. For more information, download the conference brochure (3.7MB pdf) or contact AgSafe at 559/278-4404.

Paid Family Leave Payroll Deductions Start in January 2004

Enacted in 2002, Senate Bill 1661 created a new entitlement for most employees in California that takes practical effect in 2004. The Paid Family Leave (PFL) Insurance Program extends benefits of state disability insurance (SDI) to people who take time off work to care for a seriously ill child, spouse, parent, or domestic partner, or to bond with a new child. Beginning July 2004, employees can receive partial wage replacement for up to six weeks in a 12-month period. Like basic SDI, this benefit is to be funded entirely by employees, through an additional .08% payroll deduction starting in January. Besides adjusting their payrolls and submitting employee contributions to EDD, employers are obligated to notify their employees about the new program. Downloadable from the EDD website are several documents to help understand and inform about paid family leave, including fact sheets and posters, a revised notice about unemployment, SDI and PFL insurances, and answers to questions frequently asked by employers and by employees.

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