University
of CaliforniaUniversity
of CaliforniaSteve's Selected Notes from Ag-Busnet -- October 2000
Contents:
Source: Message from EDDTAXEMAIL mailing list
In 2000, Assembly Bill (AB) 1358 was signed into law, modifying independent contractor reporting requirements. Among other provisions, AB 1358 requires reporting of the independent contractor's address and authorizes a penalty for late filing or failure to file. EDD's IC reporting page (http://www.edd.ca.gov/txicr.htm) is updated with the new provisions and the final version of the DE 542 Report of Independent Contractor(s). If you have any questions or comments, e-mail EDD's Tax Branch at taxcomm@edd.ca.gov.
Dan Brake, a local human resources manager, prepared a one-page illustrated worker tailgate safety bulletin on methamphetamine labs. Content is based on The Fresno Bee's Special Report "A Madness Called Meth -- California's Social, Medical, and Environmental Nightmare" at http://www.valleymeth.com/. Request an attached copy of Dan's bulletin from Yolanda Murillo at ymurillo@ucdavis.edu.
More Pesticide Safety Resources Available
I was pleased to learn that Gabe Lorente at (559) 432-0807 in Fresno attended the UC IPM train the trainer class and is now available to provide (bilingual) pesticide safety training for field workers and applicators.
And I was happy to hear that George Daniels and staff, Farm Employers Labor Service, Sacramento have been recently certified by the Department of Pesticide Regulation to train instructors of both handlers and field workers. Congratulations George and Gabe. George's press release follows.
NEWS RELEASE
Pesticide safety "train-the-trainer" courses are now being offered by the Farm Employers Labor Service (FELS), the leading expert in agricultural labor relations and personnel management.
The organization, an affiliate of the California Farm Bureau Federation in Sacramento, received authorization from the Department of Pesticide Regulation (DPR) to conduct Train-the-Trainer courses for Pesticide Safety for Field Workers and Pesticide Handlers.
"Achieving this status is a huge step toward helping agricultural employers comply with pesticide regulations in California" said George Daniels, executive vice president of FELS. " Not only has FELS staff received authority as Instructor -Trainers, but FELS also has produced a corresponding training manual, in English and Spanish, that DPR also has approved. We are extremely pleased to be able to offer this important service to our membership and the agricultural community" said Daniels.
Qualifying as a DPR-authorized Train-the-Trainer can be a very lengthy process, according to Roberta Gruber, FELS program manager in Oregon.
"We submitted our first draft to DPR more than two years ago" Gruber said. " It took quite a bit of time and work and we are happy to have completed the process successfully."
California regulations require that employees who work in areas where pesticides have been applied or who handle them as part of their job receive special training about working around such chemicals safely. Anyone who trains field workers or pesticide handlers on pesticide safety must have completed a DPR-approved Train-the-Trainer course or be a licensed pesticide applicator. Until now, the number of DPR-approved Train-the-Trainer courses available has been limited. For more information, contact FELS in Sacramento at (800) 753-9703.
Another Legislative Year Completed
California AB 1463 (Cedillo) which would have deleted the requirement for a driver's license applicant to declare his/her social security number was vetoed by Governor Gray Davis.
The Governor also vetoed AB 2862 (Romero and Machado) that, in part, would have subjected FLCs to criminal penalties for violating state labor laws, such as not paying workers the wages they are due. The Governor said that stiffer civil money penalties would be a better approach than criminal penalties to increase compliance.
AB 1532 (Florez, Reyes), which would have directed the Labor Commissioner to establish an 800 number so that alleged illegal actions by farm labor contractors could be anonymously reported, died in committee. The bill would have also directed the Department of Industrial Relations to "create a directory, available to prospective employers, to dispense information regarding the status of any farm labor contractor's license and any violations or investigations of violations."
Some bills were signed into law (effective January 1, 2001).
AB 602 (Florez) requires (factory-installed) forward facing passenger seating (in addition to currently required seat belts) in farm labor vehicles (vans) by March 31, 2002. Starting January 1, 2001, transporting any person in the back of a pickup under a "camper shell" is prohibited in California.
All cutting tools or tools with sharp edges carried in a passenger compartment must be placed in securely latched containers that are firmly attached to the vehicle. All other tools, equipment, or materials carried in the passenger compartment must be secured to the body of the vehicle to prevent their movement while the vehicle is in motion. Under no circumstances can tools, equipment, or materials obstruct an aisle or an emergency exit.
Seat belt requirements for "Type 2" farm labor buses have been deferred by AB 607 until at least January 1, 2007, pending outcome of a federal safety study on seat belts in school and other buses.
AB 2707 (Florez) requires the Labor Commissioner to ensure that the office maintained in Fresno has suitable facilities and sufficient personnel for the examination and licensing of farm labor contractors and for the processing of complaints against farm labor contractors or any agent of a farm labor contractor.
AB 1338 (Reyes) "authorizes" establishment of a "Farm Labor Contractor Special Enforcement Unit" in Fresno by the California Division of Labor Standards Enforcement, and eliminates oral testing for the State license; applicants would have to answer 85% of the written questions correctly in an exam not to exceed 4 hours.
The (biennial) examination will test the FLC's knowledge of "current laws and regulations regarding wages, hours, and working conditions, penalties, employee housing and transportation, collective bargaining, field sanitation, and safe work practices related to pesticide use."
This bill further requires that licensees participate annually in 8 hours of "remedial" (continuing) education courses approved by the Labor Commissioner in consultation with California's Department of Pesticide Regulation, CHP, Department of Motor Vehicles, Department of Housing and Community Development, Employment Development Department, Department of Food and Agriculture, county agricultural commissioners, and Cal/OSHA.
The annual license fee (excluding $100 examination fee) is raised to $500, and the amount of required bond would be based on the size of the contractor's payroll. Specifically, for payrolls up to $500,000, a $25,000 bond is required, the bond requirement for payrolls between $500,000 and $2 million will be $50,000, and a $75,000 bond will be required on annual payrolls topping $2 million.
The new license will be laminated, and have a picture of the licensee taken at the time of application. Growers must be provided with payroll records that disclose the wages and hours worked for each farm worker, much like the federal (MSPA) requirements enforced by the U.S. Wage and Hour Division.
Prepared by request for Farm Labor Contractors Roundtable, Al Macias, President, 10/06/00.