Agricultural Personnel Management Program
University of California

Steve's Selected Notes from Ag-Busnet -- February 2001

• Pre-Employment Inquiry,  2/26/01
• Meal and Other Breaks - and the AgShip,  2/07/01
• Workers Comp Cost Per Injury,  2/06/01
• Chem Labels and MSDSs,  2/02/01

California employers should review employment applications (and interview questions) in light of the Department of Fair Employment and Housing pamphlet DFEH-161 -- that is not yet on line.  It  follows.

PRE-EMPLOYMENT INQUIRY  GUIDELINES

 

ACCEPTABLE Name "Have you ever used another name? /or/ "Is any additional information relative to change of name, use of an assumed name or nickname necessary to enable a check on your work and education record?  If yes, please explain." Place of Residence  Statement that hire is subject to  verification that applicant meets legal age requirements.  "If hired, can you show proof of age?"  "Are you over 18 years of age?"  "If under eighteen, can you, after  employment, submit a work permit?" "Can you, after employment, submit  verification of your legal right to work in  the U.S.?" /or/ Statement that such proof may be required after a decision is made  to hire the candidate.        Languages applicant reads, speaks, or  writes, if use of a language other than  English is relevant to the job for which the applicant is applying.          Name and address of parent or guardian if applicant is a minor.  Statement of company policy regarding  work assignment of employees who are   related.                               Statement that photograph may be  required after employment.          Statement by employer that offer may be made contingent on applicant passing  a job-related physical examination.  "Can you perform (specific task)?"      Statement by employer of regular days,  hours, or shifts to be worked.      Job-related questions about convictions,  except those convictions which have been sealed, expunged, or statutorily eradicated  Questions regarding relevant skills  acquired during applicant's U.S. military service.     "Please list job-related organizations,  clubs, professional societies, or other  associations to which you belong -- you may omit those which indicate your race, religious creed, color, disability, marital Status, national origin, ancestry, sex, or age." "By whom were you referred for a  position here?"  Names of persons willing to provide  professional and/or character references  for applicant.      Name and address of person to be  Notified in case of accident or emergency.

SUBJECT NAME             RESIDENCE   AGE              BIRTHPLACE, CITIZENSHIP             NATIONAL  ORIGIN              SEX, MARITAL  STATUS,  FAMILY                    RACE,  COLOR   CREDIT  REPORT        PHYSICAL    DESCRIPTION,   PHOTOGRAPH        PHYSICAL OR MENTAL DISABILITY        RELIGION       ARREST,  CRIMINAL  RECORD   MILITARY SERVICE       ORGANIZATIONS  ACTIVITIES           REFERENCES           NOTICE IN CASE  OF EMERGENCY

UNACCEPTABLE Maiden Name             Do you own or rent your home? Age. Birth date Dates of attendance or completion of elementary or high school. Questions that tend to identify applicants over age 40.   Birthplace of applicant, applicant's parents , spouse, or other relatives. "Are you a U.S. citizen?" /or/ citizenship of applicant, applicant's parents, spouse, or other relatives. Requirement that applicant produce  naturalization, first papers, or alien card prior to a decision to hire. Questions as to nationality, lineage, ancestry, national origin, descent, or parentage of applicant, applicant's parents, or spouse. "What is your mother tongue?" /or/ Language commonly used by applicant. How applicant acquired ability to read, write, or speak a foreign language. Questions which indicate applicant's sex. Questions which indicate applicant's marital status. Number and/or ages of children or dependents. Provisions for child care. Questions regarding pregnancy, child bearing, or birth control. Name and address of relative, spouse, or children of adult applicant. "With whom do you reside?" /or/ "Do you live with your parents?" Questions as to applicants race or color.  Questions regarding applicant's  complexion, or color of skin, eyes, hair. Any report which would indicate information otherwise illegal to ask, e.g.,  marital status, age, residency, etc. Questions as to applicant's height and weight. Require applicant to affix a photograph to application. Request applicant, at his or her option, to submit a photograph. Questions regarding applicant's general condition, state of health, or illnesses. Questions regarding receipt of workers compensation. "Do you have any physical or mental disabilities or handicaps?" Questions regarding applicant's religion. Religious days observed /or/ "Does your religion prevent you from working weekends or holidays?" Arrest record /or/ "Have you ever been arrested?" (This is a violation of Labor Code Section 432.7.)   General questions regarding military services such as dates and type of discharge.  Questions regarding service in a foreign military. "List all organizations, clubs, societies, and lodges to which you belong."           Questions of applicant's former employers or acquaintances which elicit information specifying the applicant's race, color, religious creed, national origin, ancestry, physical or mental disability, medical condition, marital status, age, and sex. Name, address, and relationship of relative to be notified in case of accident or emergency.

DFEH-161 (Rev. 5/97)

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In the past, California agricultural employers received only "warnings" when it was discovered by Division of Labor Standards Enforcement inspectors that meal and rest break Wage Order provisions were not being followed.

In a San Joaquin County Farm Bureau seminar that George Daniels, Farm Employers Labor Service, and I presented Monday, George pointed out that beginning this year, "when an employer fails to provide a meal or rest period in accordance with the applicable provisions of these Orders, he shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest period is not provided."

Pick up the appropriate Wage Order, plus "Summary for Wage Orders 1-15," at http://www.dir.ca.gov/IWC/WageOrderIndustries.htm

-- A Reedley reader wrote ...

"Steve,

In regards to "rest periods" for agriculture. A 10-minute paid rest period shall be allowed for every four (4) hours of work or a major. A normal workday in our operation is typically 10-hours. In a 10-hour day, are employees entitled to three rest periods or two? Please provide your thoughts."

Two would be the minimum, but more might look good in the eyes of Cal/OSHA, where the "Agricultural Safety and Health Inspection Project" (AgShip) places special emphasis, in part, on "actions" on the part of employers to alleviate risks of injuries related to prolonged bending and stooping.

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One reader did ask earlier about the average cost of workers compensation claims in California agriculture.  The following table shows that strawberry farms had the highest average claim pay out; landscape gardening led in total number of injuries.

About 40% to 45% of costs went to medical expenses.  A "serious" injury is defined as one that results in 25% or more permanent disability.  "Exposure" simply means covered payroll in that industry.
 

    Industry - 1996-97                                      injuries                    % serious                      cost/injury          "exposure"/injury 

Strawberry Crops Stock Farms & Stables Olive Handling  Landscape Gardening  Truck Farms (Vegetable)  Farm Machinery Operation  Cotton Gin Operation  Poultry Fruit/Vegetable Dehydrating  Field Crops  Fruit/Veg. Processors Frozen  Florists - Cultivating  Dried Fruit Packing  Cotton Production  Wineries  Nurseries Dairy Farms Orchards, Citrus & Deciduous Orchards, Nut Crops Vineyards Citrus Packing Fresh Fruit Handling/Packing Potato Farms

722 600 361 3846 3840 804 365 632 1102 684 1002 919 883 789 835 1387 1430 3556 889 3572 1486 1506  697

22% 16% 16% 12% 13% 12% 15% 12% 11% 11% 12% 13% 11% 11%  8%  9%  9% 11% 10%   9%   9%   7% 12%

$ 37,447   $ 35,056 $ 30,598 $ 28,927 $ 28,497 $ 28,305 $ 27,653 $ 27,562 $27,531 $ 27,289 $ 27,034 $ 26,445 $ 25,073 $ 24,771 $ 24,343 $ 23,175 $ 22,448 $ 22,361 $ 22,071 $ 20,511 $ 19,938 $ 16,680 $ 14,656

$  719,050     $ 309,015 $ 294,133 $ 383,709 $ 534,010 $ 421,590 $ 291,803 $ 391,054 $ 434,438 $ 346,111 $ 291,698 $ 626,733 $ 330,796 $ 418,934 $ 592,838 $ 573,871 $ 366,899 $ 319,348 $ 521,263 $ 529,920 $ 271,896 $ 336,554 $ 540,972

SOURCE:  Workers Compensation Insurance Rating Bureau
Table prepared by Steve Sutter
UC Farm Advisor, 02/05/01

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A reader just wrote in ...

"Steve,
Do you have websites that I can go to where I can get my chemical labels? I would like a more efficient method than being put off by busy distributors. Thank you"

One may be all you need: http://www.cdms.net/pfa/LUpdateMsg.asp

Click on "Labels and MSDS."  Below search button may be "every vendor under the sun."

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