AGRICULTURAL PERSONNEL MANAGEMENT
NEWSLETTER

Special Poster Update, May 1997

This special issue of the Newsletter is an update of Volume 7, Number 10, published in October 1996 as an inventory of the posters, leaflets, and warning signs required in agricultural employment known to this writer. Many are free from agencies. Telephone numbers are included. For posters employers must make, text is provided within the newsletter, or as inserts.

1. California's Labor Commissioner requires that employers post applicable Wage Orders. Wage Orders are in English. Wage Order 14-80 "WAGES, HOURS, AND WORKING CONDITIONS IN THE AGRICULTURAL OCCUPATIONS," Form 1114, covers preparation, care, and treatment of farmland, pipeline, or ditches; planting, care, harvesting, assembly, and storage of any agricultural/horticultural commodity; management of livestock, fur bearing animals, fish, mollusks, and insects; and conservation, improvement or maintenance of farms, their tools and equipment.

Wage Order 8-80 "WAGES, HOURS, AND WORKING CONDITIONS IN THE INDUSTRIES HANDLING PRODUCTS AFTER HARVEST," Form 1108 (Rev. 7/96), covers businesses that prepare an agricultural, horticultural, egg, poultry, meat, seafood, rabbit, or dairy product for distribution (except canning). It applies to businesses that grade, sort, clean, dry, cool, ice, pack, dehydrate, ferment, or otherwise prepare agricultural products for distribution (wineries, fresh fruit/vegetable packers, cotton gins).

Wage Order 13-80 "PREPARING AGRICULTURAL PRODUCTS FOR MARKET, ON THE FARM," Form 1113, covers establishments located on a farm processing products grown on the same farm. These are operations performed in permanently fixed structures or establishments, or moving packing plants on the farm, to prepare products for market when such operations are done on the premises owned or operated by the same employer who produced the products, and any incidental operations. If the grower prepares products for market for other growers, in addition to his/her own, the operation is covered by Order 8-80.

"CANNING, FREEZING, AND PRESERVING INDUSTRY" - Wage Order 3-80 - means any business operated for the purpose of canning soups, or of cooking, canning, curing, freezing, pickling, salting, bottling, preserving or otherwise processing any seafood, meat, poultry, rabbit product, or fruits or vegetables (including manufacture of fruit juice concentrates), when processing is intended to fpreserve the product; all operations incidental to that preservation are included.

On March 1, 1997, California's minimum wage increased from $4.75 per hour to $5.00 per hour. On September 1, 1997, the federal minimum wage will increase to $5.15 per hour. On March 1, 1998, the California minimum wage increases to $5.75 per hour. The Labor Commissioner has prepared an "OFFICIAL NOTICE" -- MW-96 (Revised) -- to reflect these effective dates and rates that employers should post next to their IWC Wage Order(s), until such time they are revised.

Employers must post a "PAY DAY NOTICE," DLSE 8, noting employeesÕ regular pay days and time and place of payment. Request wage orders, MW-96, and pay day notices on (415) 975-0761.

Employers must post a "WORKERS COMPENSATION NOTICE" where it can be read during work hours. When appropriate, a Spanish notice must also be provided. Notices are available from insurance carriers.

2. Cal/OSHA requires that the English and/or Spanish poster "SAFETY AND HEALTH PROTECTION ON THE JOB" (Rev. 2/93) be posted where notices are normally posted. If employees are engaged in physically dispersed activities, post the notice at each location at which employees report daily. If employees donÕt usually work at, or report to, a single establishment, the notice(s) must be posted at the location(s) to which employees report to work. Agricultural employers should also order "ACCESS TO MEDICAL AND EXPOSURE RECORDS," S-11, S-11S, "EMERGENCY TELEPHONE NUMBERS," S-500, "OPERATING RULES FOR INDUSTRIAL TRUCKS AND FORKLIFTS," S-503, S-503S, and "ALL TRACTORS, FARM AND INDUSTRIAL," S-504, S-504S. Request posters on (415) 972-8844.

Agricultural employers must notify employees of the location of "FIELD SANITATION" "SANIDAD EN EL CAMPO" facilities and water, and of the importance of certain hygiene practices (Insert 1). Hand washing facilities must be posted, saying "WATER IS FOR HANDWASHING ONLY" "SOLAMENTO PARA LAVARSE LAS MANOS."

Employers must post Cal/OSHA Log 200 "SUMMARY OF ANNUAL INJURIES AND ILLNESSES," during February, except those employers who had 10 or less employees at any time during the calendar year preceding the calendar year covered. If employees donÕt work at a single establishment, or donÕt report to any fixed establishment on a regular basis, the employer must (in February) give or mail a copy of the summary to employees who receives pay during February. Request Cal/OSHA Log 200 and instructions on (415) 972-8641.

California farmers employing any parent/guardian with minor children in his/her immediate care must post a Notice To Agricultural Workers With Minor Children stating "NOTICE - MINOR CHILDREN ARE NOT ALLOWED TO WORK ON THESE PREMISES UNLESS THEY ARE LEGALLY PERMITTED TO DO SO BY LAW, AND UNLESS PERMITS TO WORK HAVE BEEN SECURED BY THE MINOR CHILDREN FROM THE DULY CONSTITUTED AUTHORITIES." "AVISO - NINOS MENORES NO PUEDEN TRABAJAR EN LAS AREAS DE TRABAJO DE ESTA COMPANIA, A MENOS QUE LA LEY SE LO PERMITA Y SI HAN OBTENIDO PERMISOS DE TRABAJO DE LAS AUTORIDADES."

Farm labor contractors must post English and Spanish notices at the site where work is to be done and on vehicles used for transporting employees, specifying the compensation rate paid to employees.

3. CaliforniaÕs Department of Pesticide Regulation requires that before employees are allowed to handle pesticides, agricultural employers must display a completed "HAZARD COMMUNICATION INFORMATION FOR EMPLOYEES HANDLING PESTICIDES" (PSIS Leaflet A-8, revised 11/20/96) at a central workplace location. They must also display at a central location "PESTICIDE APPLICATION-SPECIFIC INFORMATION" for employees until treated areas no longer meet the definition of a treated field, or employees are no longer on the establishment, whichever happens first. Whenever fieldworkers are working in a "treated field," the employer must display at the worksite, a completed "HAZARD COMMUNICATION INFORMATION FOR EMPLOYEES WORKING IN FIELDS" (PSIS A-9, revised 11/20/96). In the event fieldworkers gather at a central place prior to transportation to the worksite, the A-9 may instead be posted at that central location. English/Spanish PSIS leaflets are available from county agricultural commissioners.

Skull-and-crossbones, fumigation, or chemigation warnings to "KEEP OUT" must be posted around pesticide treated fields when prescribed by label or regulation. Pesticide storage areas with containers which hold or have held category 1 or 2 pesticides must be posted with signs visible from all directions of likely approach (readable from 25 feet) that say in English and Spanish: "DANGER, POISON STORAGE AREA, ALL UNAUTHORIZED PERSONS KEEP OUT, KEEP DOOR LOCKED WHEN NOT IN USE." Dual language warning signs are available from chemical companies and other vendors.

4. The California Employment Development Department "NOTICE TO EMPLOYEES: UNEMPLOYMENT INSURANCE AND DISABILITY INSURANCE," DE 1857A, De 1857AS, (Rev. 9/94) must be posted in places readily accessible to employees. Brochure DE 2515, DE 2515S "STATE DISABILITY INSURANCE" (Rev. 1/94) must be given to new employees and employees leaving work due to nonoccupational disability or pregnancy. Booklet DE 2320, DE 2320S, "FOR YOUR BENEFIT" (Rev. 6/95) must be given each individual at the time he/she becomes unemployed. Request booklets/poster on (916) 322-2835.

5. California's Department of Fair Employment and Housing requires employers to post "HARASSMENT OR DISCRIMINATION IN EMPLOYMENT IS PROHIBITED BY LAW," DFEH 162 (REV. 1/96), DFEH 162S (Rev. 6/94). Employers whose workforce is at least 10 percent non-English-speaking must also post this notice in the appropriate foreign language(s). Information sheet "SEXUAL HARASSMENT IS FORBIDDEN BY LAW," DFEH-185, DFEH-185S, (12/93) must be distributed to employees, unless the employer supplies similar information.

The DFEH also provides brochures DFEH-186 (1/96) FACTS ON PREGNANCY DISCRIMINATION and DFEH-188 (1/96) CALIFORNIA FAMILY RIGHTS ACT.

Generally, California employers with 5 to 49 employees must post "PREGNANCY DISABILITY LEAVE" in a conspicuous place or places where employees tend to congregate. Interim "Notice A" has been developed to fulfill this posting obligation until the agency makes posters available (Insert 2). Employers subject to the California Family Rights Act must post "FAMILY CARE AND MEDICAL LEAVE (CFRA LEAVE) AND PREGNANCY DISABILITY LEAVE." Interim "Notice B" has been developed (Insert 3).

Under CFRA, a "covered employer" is a California business that employs 50 or more persons. There is no requirement that the 50 employees work at the same U.S. location or work full time. The employer must maintain an aggregate of at least 50 part or full time employees on its payroll for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year (i.e., the calendar year in which the employee requests the leave or the calendar year preceding the request). Workweeks need not be consecutive.

To request single copies of DFEH posters/brochures, mail a 9" X 12" self-addressed envelope to: DFEH, Communication Center, 2014 T St., Ste. 210, Sacramento CA 95814-5212, (800) 884-1684, or visit the nearest DFEH office.

6. California employers must post a "NOTICE OF TIME OFF TO VOTE" (Insert 4) at least 10 days before each statewide election through election day.

7. California's Department of Housing and Community Development requires that HCD 206 "EMPLOYEE HOUSING ACT" be posted at housing facilities with permits to house 5 or more workers. Request on (916) 445-9471.

8. California's Health/Safety Code requires that employers post "EXIT" and direction signs at "every exit door, or at the intersection of corridors, at exit stairways or ramps and at such other locations and intervals as are necessary to provide the occupants with knowledge of the various means of egress available." Signs aren't required in rooms or buildings "with an occupant load of 50 or less at main exterior doors which are identifiable exits.

Employers with less than 10 employees are prohibited from knowingly exposing any individual to a chemical 12 months after its listing under Proposition 65 without prior warning. Approved warnings include signs saying "WARNING - DETECTABLE AMOUNTS OF CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, BIRTH DEFECTS, OR OTHER REPRODUCTIVE HARM MAY BE FOUND IN AND AROUND THIS FACILITY." "CANTIDADES PERCEPTIBLES DE PRODUCTOS QUIMICOS QUE EL ESTADO DE CALIFORNIA SABE PUEDEN LLEGAR A CAUSAR CANCER, DEFECTOS DE NACIMIENTO U OTROS DANOS REPRODUCTIVOS PUEDEN HALLARSE EN ESTA INSTALACION O SUS ALREDEDORES." Approved "warnings" also include an approach based on compliance with Cal/OSHAÕs Hazard Communication Standard through MSDS notification.

A statewide tobacco smoking prohibition applies to all enclosed places of employment. Smoking may be permitted only in designated smoking rooms located in non-work areas. Employers must post signs stating either "NO SMOKING" or "SMOKING IS PROHIBITED EXCEPT IN DESIGNATED AREAS." In the later case private employers who employ 10 or more persons should add "WARNING: TOBACCO SMOKE IS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER" (Prop 65). Excluded from the definition of "places of employment," where smoking can be permitted by employers, are warehouse facilities with over 100,000 square feet of floor space, and 20 or fewer full-time employees working at the facility, but includes any warehouse area used as office space. Employers with 5 or less full or part-time employees, may permit smoking if all employees consent and ventilation criteria are met. Reasonable steps to prevent nonemployee smoking include posting signs, but exclude physical ejectment from the establishment.

9. The US Equal Employment Opportunity Commission requires that employers post "EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW," (Rev. 2/92), where the poster may be readily observed by employees and job applicants. Request an English and/or Spanish poster on (800) 669-3362.

10. The U.S. Department of Labor Wage Hour Division requires that employers post "YOUR RIGHTS - FEDERAL MINIMUM WAGE," WH 1088 (10/96) (English), and "EMPLOYEE POLYGRAPH PROTECTION NOTICE," WH 1462, WH 1462S, (9/88). Employers employing 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year must post "FAMILY AND MEDICAL LEAVE ACT," WH 1420 (6/93), WH 1420S, (10/93).

The Migrant and Seasonal Agricultural Workers Protection Act requires agricultural employers who employ migrant and seasonal workers to post a MSPA "NOTICE," WH-1376, (Rev. 4/83), unless narrow exemptions apply. Optional "MSPA WORKER INFORMATION," WH 516, and "MSPA HOUSING TERMS AND CONDITIONS," WH 521 (4/83) may be used for required disclosures to workers. Request USDL posters and notices on (916) 979-2040 (Sacramento), (213) 894-2700 (Glendale), or (415) 975-4510 (San Francisco).

Basic sanitation facilities are provided at this place of employment as required by Law to protect your health. These facilities are located:

- To reduce transmission of diseases and parasites.
- To prevent dehydration and heat stroke.
- To reduce pesticide poisoning.
- To reduce urinary infections.

** Use facilities provided for drinking, handwashing and elimination.
** Drink water frequently -- especially on hot days and even if not thirsty.
** Urinate as frequently as necessary.
** Wash hands before and after using the toilet.
** Wash hands before eating and smoking.

En este lugar de trabajo se proporción servicios sanitarios básicos de acuerdo a los requisitos de la ley federal para proteger su salud. Estos servicios están ubicados en:

- Para reducir la transmisión de enfermedades y de parásitos.
- Para prevenir la deshidratración y las afecciones cardíacas provocadas por el calor.
- Para reducir el envenenamiento con pesticidas.
- Para reducir las infecciones urinarias.

LA BUENA HIGIENE PROTEGE SU SALUD

** Haga uso de los servicios proporcionados para tomar agua, lavarse las manos y eliminación.
** Tome agua frecuentemente, especialmente en días calurosos, y aún cuando no sienta sed.
** Orine tan frecuentemente como sea necesario.
** Lávese las manos antes y después de usar los sanitarios.

"Notice A" ... The text below contains the minimum requirements of the Fair Employment and Housing ActÕs provisions about pregnancy, childbirth, or related medical conditions. This notice is suitable for use by employers with fewer than 50 employees and who are accordingly not subject to the California Family Rights Act or the federal Family and Medical Leave Act. Employers may develop their own notice or may select the text below, unless it does not accurately reflect their policy.

Under the California Fair Employment and Housing Act (FEHA), if you are disabled by pregnancy, childbirth or related medical conditions, you are eligible to take a pregnancy disability leave (PDL). If you are affected by pregnancy or a related medical condition, you are also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable.

• The PDL is for any period(s) of actual disability caused by your pregnancy, childbirth or related medical conditions up to four months (or 88 work days for a full time employee) per pregnancy.
• The PDL does not need to be taken in one continuous period of time but can be taken on an as-needed basis.
• Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth would all be covered by your PDL.
• Generally, we are required to treat your pregnancy disability the same as we treat other disabilities of similarly situated employees. This affects whether your leave will be paid or unpaid.
• You may be required to obtain a certification from your health care provider of your pregnancy disability or the medical advisability for a transfer. The certification should include:
1. the date on which you become disabled due to pregnancy or the date of the medical advisability for the transfer.
   
2. the probable duration of the period(s) of disability or the period(s) for the advisability of the transfer; and,
   
3. a statement that, due to the disability, you are unable to work at all or to perform any one or more of the essential functions of your position without undue risk to yourself, the successful completion of your pregnancy or to other persons or a statement that, due to your pregnancy, the transfer is medically advisable.
• At your option, you can use any accrued vacation or other accrued time off as part of your pregnancy disability leave before taking the remainder of your leave as an unpaid leave. We may require that you use up any available sick leave during your leave. You may also be eligible for state disability insurance for the unpaid portion of your leave.
• Taking a pregnancy disability leave may impact certain of your benefits and your seniority date. If you want more information regarding your eligibility for a leave, the impact of the leave on your seniority and benefits, and our policy for other disabilities, please contact:

"Notice B" ... The text below blends notice of an employeeÕs CFRA leave rights and pregnancy disability leave rights, and is suitable for use by employers with 50 employees or more. Any CFRA-covered employer whose work force at any facility or establishment contains 10 percent or more of persons who speak a language other than English as their primary language must translate the notice into the language or languages spoken by this group or these groups of employees.

Under the California Family Rights Act of 1993 (CFRA), if you have more than 12 months of service with us and have worked at least 1,250 hours in the 12-month period before the date you want to begin your leave, you may have a right to an unpaid family care or medical leave (CFRA leave). This leave may be up to 12 workweeks in a 12-month period for the birth, adoption, or foster care placement of your child or for your own serious health condition or that of your child, parent or spouse.

Even if you are not eligible for CFRA leave, if disabled by pregnancy, childbirth or related medical conditions, you are entitled to take a pregnancy disability leave of up to four months, depending on your period(s) of actual disability. If you are CFRA-eligible, you have certain rights to take BOTH a pregnancy disability leave and a CFRA leave for reason of the birth of your child. Both leaves contain a guarantee of reinstatement to the same or to a comparable position at the end of the leave, subject to any defense allowed under the law.

If possible, you must provide at least 30 days advance notice for foreseeable events (such as the expected birth of a child or a planned medical treatment for your self or of a family member). For events which are unforeseeable, we need you to notify us, at least verbally, as soon as you learn of the need for the leave.

Failure to comply with these notice rules is grounds for, and may result in, deferral of the requested leave until you comply with this notice policy.

We may require certification from your health care provider before allowing you a leave for pregnancy or your own serious health condition or certification from the health care provider of your child, parent, or spouse who has a serious health condition before allowing you a leave to take care of that family member. When medically necessary, leave may be taken on an intermittent or a reduced work schedule.

If you are taking a leave for the birth, adoption or foster care placement of a child, the basic minimum duration of the leave is two weeks and you must conclude the leave within one year of the birth or placement for adoption or foster care.

Taking a family care or pregnancy disability leave may impact certain of your benefits and your seniority date. If you want more information regarding your eligibility for a leave and/or the impact of the leave on your seniority and benefits, please contact:

If a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time which when added to the voting time available outside working hours, will enable the voter to vote.

Not more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed.

If the employee on the third working day prior to the day of the election, knows, or has reason to believe that time off will be necessary to be able to vote on election day, the employee shall give the employer at least two working days notice that time off for voting is desired., in accordance with the provisions of this section.

Si una persona que va a votar no tiene suficiente tiempo fuera de las horas de trabajo para votar en una elección estatal, la persona puede, sin pérdida de pago, tomar suficiente tiempo libre del trabajo que, cuando añadido al tiempo disponible fuera de las horas de trabajo, le permitirán al votante votar.

No más de dos horas del tiempo libre tomado para votar serán sin pérdida de pago. El tiempo libre para votar será solo al principio o al final del turno regular de trabajo, según el que permita más tiempo libre para votar y el menor tiempo fuera del turno regular de trabajo, a menos que se haya acordado mutuamente de otra manera.

Si el empleado en el tercer día de trabajo anterior al día de la elección, sabe o tiene razón de creer que el tiempo libre será necesario para poder votar en el día de la elección, el empleado notificará al empleador por lo menos con dos diás hábiles de anticipación de que el tiempo libre para votar es deseado, de acuerdo con las provisiones de esta sección.