University
of CaliforniaUniversity
of CaliforniaSteve's
Selected Notes from Ag-Busnet -- April, May & June 2002
Contents:
Private Applicators May Now Train Any Field Worker
Early this month a reader joined our discussion of the apparent "limitation" that a certified private applicator (grower) in California was strictly limited to training his own field employees in general pesticide safety training.
Steve,
I too have contemplated "moonlighting" by using my certificate as a registered applicator. How can I get around this prohibition? Do I need to start a whole new business entity?
No, not now. This news is "just in" is from the California Department of Pesticide Regulation.
Hi Steve,
DPR recently issued the attached letter to address the issue of certified
private applicators and their training qualifications.
The letter [not attached] is ENF 02-22 (dated June 18, 2002). It says, in part, that "a person holding a private applicator certificate is qualified to provide pesticide handler and field worker training on the same basis as any of the other persons listed in 3CCR section 6724(f) and 6764(e)." Agricultural commissioners in each county have received the letter.
Bottom line (and significant) is that a bilingual grower, armed with training skills, appropriate training material, and his or her private applicator certificate, may now train his neighbor's or contractor's field (or handler) workers! The "neighborhood" is bounded only by California state lines.
Reader Questions - Including AB 423
Those of you who "skim," read item (4) for sure.
(1) Short questions are seldom easy ...
Is a company that produces seeds an Ag employer (federally)? Does the ALRB have jurisdiction over them?
I'll find out, unless someone has the quick answer.
(2) I recall advising a grower by phone that "piece rate workers must earn at least the minimum wage per hour averaged over the employer's pay period (weekly bi-weekly, daily)."
The next week, in a meeting, I find myself sitting next to the grower's contractor, who asked me to check on the above. His cherry pickers weren't very happy when they fell below the minimum wage the last two days in the (weekly) pay period, not because they didn't work hard, but because the fruit had thinned out.
My advice to the grower was correct. It's interesting to note that the farm labor contractor made up the difference to the workers for the days they fell below minimum wage -- out of his own pocket -- simply because he felt that was the "right" thing to do. (Doing his part in righting the contractors' image?)
(3) In February, a now unknown reader wrote ...
"I have a question with regards to Direct Deposit of payroll checks - I understand that there may be an option for my employees who often send money home (to Mexico) to directly deposit money into an account here in the US, that their family would have access to in Mexico. With a benefit such as this, they would no longer run the risk of possibly being robbed when they cash their check, or having to pay a high percentage or high flat fee for money orders. Please let me know if you or any of your readers have any information I could research."
Will this reader (or others interested) please call back. After a chance to meet with one such local provider, I now have a flyer I can forward at least for consideration.
(4) Finally regarding AB 423, what's the penalty when a grower neglects his upcoming duty to affirmatively verify (and document) that his or her farm labor contractor has a valid and current license? Presuming the "slip up" relates to a grower working with a contractor with a valid and current license, the "fine" could range from a warning to $1,000. But if the contractor turns out to be unlicensed, the grower becomes a "person" potentially liable for the stated penalty "no less than $1,000 to no more than $5,000."
In my judgement, the incentive for growers to begin formal verification (July 1 and after) of the contractor's state license at is very high. Farmers without internet access may phone (559) 248-1893, or fax (559) 248-1895.
And related ...
Steve
Have you "run" your idea by DLSE? Sounds like a good way to satisfy the FLC verification process.
My idea was to simply do a screen print to get "hard copy" of a grower's verification. That idea won't work officially because, I'm advised by a Labor Commissioner's representative, the screen you see on your computer will not have the agency's "confirmation number."
Carl Borden, California Farm Bureau Federation attorney, had the quick answer ...
Seed production is agricultural work. See 29 Code of Federal Regulations 780.113: Seeds and seedlings of agricultural and horticultural plants are considered agricultural or horticultural commodities. The ALRB has asserted jurisdiction over seed-production employees. See, e.g., Arco Seed Company, 11 ALRB No. 1.
To which the original reader replied ...
Thank you very much. This is a great network!
RE: What Does "Suitably Cool" Mean?
A local safety manager asks ...
Hi. Steve
What does is the definition of suitably cool for drinking water. Is there a certain temperature for the water. My supervisors are asking me this question. How much ice is required or can cold water be put into coolers at the beginning of the day. I need a definition, if there is one. Please get back to me.
A loss control adviser says ...
"Steve,
I think suitably cool won't have a temperature assigned to it.
That's my guess. OSHA doesn't like being that specific. However,
I'd say, if your kid wanted a drink of water on a warm day, what temperature
would you want that water to be? Or, if you wanted some water on
a warm day, what temperature would you want it to be?"
I think this reader is right on the mark, OSHA is often reluctant to "codify" a one-size-fits-all temperature guide. However, in one of my continuing efforts to assist pesticide applicators and their employers, I did glean from one voluminous OSHA heat stress "reference" the following.
"Water temperature should be 50 to 60 degrees F. Most people tend not to drink warm or very cold water in quantity as willingly as cool water. Generally, 2-3 gallons per worker per hot day is enough." (Personally, I like ice.)
My interest is peaked though. Next time I'm vacationing at the old farmstead in Maine, I'll hold a thermometer under the well hose, to see what I once considered the "perfect" water temperature on hot days.
A Cal/OSHA official confirms ...
"There is no quantitative definition for "suitably cool" in the Cal-OSHA Standards. It's a personal judgement call. If the water is warm to the palate, a person would probably not drink it [especially on a hot day] unless he was dying from dehydration. If cold water [40-50 deg-F] is placed in thermally insulated water cooler it should maintain temperature for at least 4 hours in direct sunlight on the back of a pick truck. If a Cal/OSHA inspector draws a sample of the water and it is warm to the taste then he/she will probably ask the field supervisor and perhaps a couple of workers to confirm the suitability or unsuitability of water coolness. Please bear in mind that if an employee suffers any type of heat stress related illness because water was not being consumed by workers due to its unsuitability warm taste, then the employer may be cited for a serious violation of the Field Sanitation Standard."
Another reader observes ...
On a recent field trip to one of my insured who was into the harvest revealed that many of the workers had a water jug (gator aide bottle) next to their tree. Odd, I thought, since the grower had a 15 gallon water container with ice (refilled at least twice a day). I was told by the crew boss that many workers from Mexico will not drink ice water because it will cause them to cramp - or so they have been told by their parents and their parents' parents. So, they fill their water jug from the grower provided container and the water will warm in temperature.
Continued Interest in H-2A
This northern California reader inquires about the H-2A Temporary Alien Agricultural Worker Program
"Hi Steve,
Some of my men feel that the H2A program would work well for them and I feel compelled to explore that possibility. Where can I find some information (printed or on the web) that will explain this program to me and my employees. Thanks again for your help Steve."
Just got off the phone with Steve Franco, Agricultural Clearance Specialist, EDD. He stands ready to send an informational booklet and forms. Call (916) 654-9270.
Readers helping readers ...
(1) Steve,
Here's the USDA summary on that program.
(2) Steve
Look at this handbook. Oregon has a nice site.
Here is the form to apply.
(3) Hi Steve,
Re H2A, Ralph DeLeon, of SAMCO Farm Labor Contracting in Santa Paula,
ran an H2A program in Ventura County this Spring (and In Arizona for last
couple of years). His comments should be interesting and helpful.
Readers ... Ralph is reading this. Should he have words to share with us, I trust he will reply.
Now waiting in the cue is Ralph DeLeon, Santa Paula-based farm labor contractor. He contributes his thoughts on the H2-A temporary foreign worker program -- a program he utilizes. Other comments welcome.
> Hi Steve:
Ralph here,
There were another 14 bodies found in the Arizona desert over the weekend, this brings the total to over 400 bodies of men, women and children found dead trying to reach the American dream.
There are over 400,000 undocumented workers living and being transported in deplorable conditions.
Taxes and Social Security is being deducted from these workers and they will never be able to collect any benefits.
After the season is over, workers are forced to stay in the US to avoid going back to Mexico and having to pay up to $2,000.00 to a coyote and the fear of crossing the desert again.
Entire villages in Mexico have no males under 17, the family unity is being affected.
These are some of the reasons I am trying to convince some of the undocumented workers here in California to go back to Mexico and come back under the guest worker program. Unfortunately CRLA and UFW have vowed to destroy me and to make an example out of me to prevent others from using the guest worker program.
I guess CRLA and UFW have no conscience (especially those people with Mexican ancestry) by condoning illegal migration, having these people risk their lives coming across the border and opposing instead of supporting a way for workers to come to this country legally.
Ralph
Farm Labor Vehicle Stickers?
Court date? A large central coast farming company representative reports ...
"Good Morning Steve, In Huron we had two of our Farm Labor Busses pulled over for not having a set of stickers that say "Farm Labor Vehicle" and another sticker that lists a hot line "1-800-TELL-CHP. Our fleet is comprised of full-sized buses with our company name on the sides and painted in our company colors. One driver was ticketed and has a court date. He requested additional stickers for our other busses and was given only a set for his bus. The second driver was given a warning and a supply of stickers to place on our others busses. Our local CHP office (which just completed our terminal inspection) disagrees and says this is improper. Have you heard anything about this new requirement? Thanks"
This one I missed. Can someone tell me the bill number (and session) that requires farm labor vehicles to have 2-inch lettering (in contrasting color to the vehicle) that says "farm labor vehicle" on both sides of the vehicle, and 1.5 inch lettering that says "To report violations, call 1-800-TELL-CHP," presumably on both sides as well. Evidently, this requirement became effective last August.
Although CHP did make up a limited supply of stickers, the agency is not obligated by statute to provide them (just as in cases of other lettering requirements for commercial vehicles.) An officer I spoke with today claimed extensive Spanish-language outreach on broadcast stations, but I suspect his agency's outreach efforts may have been "limited" to the Central Valley.
Carl Borden, California Farm Bureau Federation, pinpoints the statutory source of and details on the farm labor vehicle display sticker. Please note that I was misinformed in my conversation yesterday with a CHP officer regarding the lettering height. (Thank you Carl.)
AB 1165 (Florez), enacted in 1999, added to the California Vehicle Code section 31401.5, subdivision (a), which reads:
The department shall develop, by regulation, specifications for a display sticker that shall be clearly displayed on every farm labor vehicle. This display sticker shall list the inspection certification date pursuant to this section and the "800" telephone reporting system required by Section 2429.
AB 1165 also added to the Vehicle Code section 2429, which reads:
The department shall develop an "800" telephone number system to facilitate public reporting of violations of Article 2 (commencing with Section 31400) of Chapter 5 of Division 13. The department shall include in the department's "El Protector Program" public outreach activities that publicize the "800" telephone number system.
( Department refers to the CHP.)
The implementing regulation is found at title 13, California Code of Regulations, section 1256, subdivision (d), which reads:
Every farm labor vehicle shall be identified as follows:
(1) Markings.
(A) The words "FARM LABOR VEHICLE" shall be displayed on each side of each farm labor vehicle in uppercase lettering on a sharply contrasting background. Letters shall be a minimum of 1.5 inches in height and clearly legible from a distance of 50 feet during daylight hours.
(B) The words "TO REPORT VIOLATIONS" in uppercase characters and the toll-free telephone number "1-800-TELL CHP" shall be displayed on the exterior on each side of each farm labor vehicle on a sharply contrasting background. Characters shall be a minimum of 1 inch in height and may be displayed on one or two lines.
(2) Interior Notice. A farm labor vehicle notice in English and Spanish, furnished by the department, shall be displayed in the interior of each farm labor vehicle in a location visible to the passengers. The required notice, Farm Labor Vehicle Notice, CHP 408C (New 12-99), shall be completed by an authorized employee of the department to indicate the maximum number of passengers the vehicle is permitted to transport and the vehicle license number. The notice shall also advise the reader of the toll-free departmental telephone number where violations relating to the operation of farm labor vehicles may be reported.
Physicians Guide Located
A Washington reader asks ... "Where can I get a copy of the CA regulations for cholinesterase monitoring of pesticide applicators? I assume that they are available on-line, but I have searched and can't find them. A recent WA Supreme Court decision directs our department of labor and industries to begin rule-writing to implement mandatory monitoring up here. Thanks.
For a laymens' version, see PSIS leaflet A-11.
My question. The above leaflet (last paragraph) references Guidelines for Physicians. Has this publication been revised? (I still have a paper copy, vintage 1988.)
P.S. "Regularly handle" means that the employee is handling pesticides during any part of the day for more than six calendar days in any 30 consecutive day qualifying period beginning on the first day of handling. Any day spent or loading pesticides while exclusively using a closed system or mixing only pesticides sealed in water-soluble packets is not included for any employee who has a baseline blood cholinesterase level established pursuant to section 6728(c)(1).
Patrick O'Connor-Marer, Pesticide Safety Education Coordinator, UC Davis,
points us to the latest. advises me the latest Guidelines
for Physicians.
Private and commercial applicators in California may wish to attach
this note to their office copies of PSIS Leaflet A-11.