Podcast appearances and mentions of cal osha

The Ag-Net News Hour Hosts, Lorrie Boyer along with Guest Host, Josh McGill discuss the current state of trade and tariff updates, noting a potential lull due to the 90-day China pause. Japan is re-engaging in trade agreements. Weather conditions vary, with California facing a dry season and fire risks. The 405Z tax credits for renewable energies, including sustainable aviation fuel, were extended to 2031, benefiting ethanol producers and corn growers. The reconciliation bill, which includes farm bill provisions, faces pushback, particularly on SNAP benefits, which could be cut by $290 billion over 10 years. The bill also includes safety net provisions for farmers, such as better reference prices and insurance programs.   In the second segment of the Ag Net News Hour, Lorrie and Josh talk about the recent House-passed reconciliation bill, highlighting its impact on the ag industry, particularly specialty crop growers in California, who contribute more than half of the state's agricultural gross product. The bill improves crop insurance premium support levels, raises protection levels to 95%, and increases the federal premium cost share from 65% to 80%. It also includes provisions for trade promotion programs and conservation funding. Additionally, CAL/OSHA issued its first citation under the new indoor heat illness prevention regulation, emphasizing the importance of safety training and compliance for ag businesses.   The 2025 California almond objective forecast by the USDA is out and is the feature in this week's Almond Board of California report. The USDA estimates a crop of 2.8 billion pounds, a 3% increase from 2024. The forecasted yield per acre is 2,010 pounds, up 30 pounds from the previous year. The almond bloom began in February and peaked mid-month, with weather variations affecting crop development. The subjective forecast is based on opinions from 500 growers, with a more accurate report expected on July 10. Additionally, a strategic partnership between CeresAI and Bear aims to bridge data gaps in agriculture, enhancing risk management and decision-making. Beekeepers face significant annual losses, often around 50%, due to various factors including pesticide exposure and shipping stress.

In part one of our three-part series on California's new workplace violence prevention law, Robert Rodriguez (shareholder, Sacramento) and Karen Tynan (shareholder, Sacramento) discuss the lessons employers have learned about workplace violence inspections during the law's first year of implementation. Karen and Robert, who are co-chairs of the firm's Workplace Violence Prevention Practice Group, explore how the enforcement of the new law, which took effect on July 1, 2024, is being managed and offer insights into Cal/OSHA's approach to these inspections. The discussion highlights practical tips for employers, the importance of customized training, and the role of the Bureau of Investigation in incidents of workplace violence.

On this episode of AgNet News Hour, Sabrina Halvorson and Lorrie Boyer delve into the topic of autonomous tractors in California. They discuss the state's plans to revisit a decades-old ban on driverless agricultural vehicles, highlighting the potential benefits and challenges of using such technology in farming. The hosts particularly focus on a recent AgAlert article by Caleb Hampton that outlines this regulation and updates from Cal OSHA. The conversation also touches on how such technology could transform agricultural labor and the importance of updating regulations to keep pace with technological advancements. Additionally, the show covers the proposed move of the U.S. International Food Assistance Program from USAID to the USDA, examining the implications for U.S. food aid and global diplomatic relations.

In California, a regulation from the state's Division of Occupational Safety and Health, or Cal/OSHA, dating to 1977, has prohibited the use of autonomous agricultural equipment without a driver at the helm.

Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: SEIU Nurses Union to pay $6.28M for Unlawful Hospital Strike. No Tort Recovery After Employee Loses Wrongful Discharge Case. FTC Releases New Report - PBMs Markup Generics by 1000%. Cal/OSHA increases civil penalty amounts for 2025. Agenda Announced for DWC 32nd Annual Educational Conference. Recent Medical Workforce Trends on Injured Workers. Independent Pharmacies Won't Carry Negotiated Price Drugs. AI Assisted Electrocardiogram Detects Cognitive Decline.

Along with our special guest, Ben Laverty, with California Safety Training Corporation, we discussed appealing a Cal/OSHA citation and building a safety program around raising affirmative defenses to be used during a Cal/OSHA hearing.    We were very fortunate to have a special guest, Ben Laverty with California Safety Training Corporation bring his wealth of experience in the safety world to the podcast.  We discussed some of the first steps an employer must take after receiving notice of Cal/OSHA citations.  An employer has very limited time to file an appeal.  We also discussed important affirmative defenses an employer can raise and how to prove those defenses at the appeal hearing. Host Contact information:   Roshni Patel, HR Consultant/President of Thrive HR Consulting  roshni@thrivehrc.com (661) 360-6886  Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP dklingenberger@lebeauthelen.com (661) 325-8962  Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company troy@lynncompany.com (661) 301-1247   Disclaimer: The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter's employer or firm.

In this episode of AgNet News Hour, hosts Sabrina Halvorson and Lorrie Boyer explore the intriguing topic of autonomous vehicles on farms and the regulatory role of Cal OSHA. The discussion encompasses the safety, liability, and oversight concerns associated with autonomous machinery, and the societal implications of such technology in agriculture. They also delve into the history and current issues surrounding the reemergence of Tulare Lake in California, addressing the significant impact of recent weather events and flooding on farmland and infrastructure, and raising questions around water management and future flood risks. Lorrie interviews Carl McDermott, chief operating officer for Delta Trak, who talks about who they are and what they do as a company in the cold chain logistics space. He analyzes the potential impact of tariffs on the cost of food, particularly produce imports from countries like Mexico, and talks further about food industry issues affecting the US food Supply chain.  Sabrina talks with Gino DiCaro, Director of Communications for Wine Institute, who discusses delightful wine pairing options for the holidays and highlights festive experiences in California wine country. The conversation covers various holiday events and unique winery experiences across California, such as ATV rides, wine and dim sum pairings, e-bike tours, and personalized wine blending sessions. Gino also shares insights on California's promising wine harvest and vintage for the year. Listeners are encouraged to visit DiscoverCaliforniaWines.com for more information and access to a comprehensive wine pairing and recipe ebook.

On today's episode of the AgNet News Hour, hosts Sabrina Halvorson and Lorrie Boyer delve into the topic of using autonomous vehicles on farms. They discuss the ongoing conversations and concerns surrounding Cal OSHA's role in regulating these technologies, focusing on safety, liability, and operational protocols. They highlight the broader implications of autonomous machinery in agriculture, including societal concerns, the potential risks involved, and the need for effective oversight to ensure safe implementation. They also discuss the phenomenon of Tulare Lake, once dried up for 130 years, now reappearing due to extreme weather patterns. This reemergence has caused significant disruptions for California farmers, submerging tens of thousands of acres of farmland, destroying crops, and damaging infrastructure including homes, roads, and irrigation systems. The hosts address the broader implications for water management and insurance in the area, noting the challenges farmers face as they lose valuable agricultural land to this unexpected floodwater revival. Lorrie talks with Chris Galen, the Senior Vice President of Member Services and Strategic Initiatives at the National Milk Producers Federation. They discuss the current lame duck session in Congress, focusing on temporary funding measures and delays in the new farm bill. The conversation explores the potential impacts of the upcoming Trump administration on dairy producers and personnel shifts in key agricultural positions. Galen provides an economic overview of the dairy industry, noting good harvests and steady margins. They also address the ongoing bird flu issue, emphasizing the risks associated with raw milk and advocating for pasteurization.

Register for the upcoming LIVE webinar below Thursday, December 5, 2024, at 10 am PT / 1 pm EThttps://us02web.zoom.us/webinar/regis...Presented by the Cal/OSHA Team in Conn Maciel Carey's national OSHA Practice GroupThe state of California's Division of Occupational Safety and Health, better known as Cal/OSHA, is perhaps the most aggressive and enforcement-heavy approved state OSH Program in the nation. California employers face a host of requirements that other employers around the country do not. Likewise, the Cal/OSHA inspection and appeal process creates several unique landmines for California employers.Join us for our annual review of all things Cal/OSHA.Participants in this webinar will learn about:New Cal/OSHA regulationsCalifornia legislation impacting workplace safety and healthSignificant Cal/OSH Standards Board decisionAnd more

In this podcast, Karen Tynan (shareholder, Sacramento) and Kevin Piercy (shareholder, Fresno) discuss Valley fever, also known as coccidioidomycosis, a lung infection caused by inhaling fungus spores commonly found in the soil of California's Central Valley and parts of the southwestern United States. Karen, who is the West Coast chair of the firm's Workplace Safety and Health Practice Group, and Kevin delve into the symptoms, causes, and the occupations most at risk, such as construction and agricultural jobs that disturb the soil. They also review relevant Cal/OSHA regulations, including sections 3203, 5141, 5144, and 14300, providing critical guidance on how employers can protect their workers and respond if Valley fever is suspected.

In this podcast, Kevin Bland (a shareholder in Ogletree's Orange County office) and Karen Tynan (the West Coast chair of the firm's Workplace Safety and Health Practice Group and a shareholder in the Sacramento office) discuss compliance challenges and enforcement trends unique to California's agriculture industry. Karen, who is also a co-chair of the firm's Workplace Violence Prevention Practice Group, and Kevin review some of the most frequently cited standards in the industry, including heat illness, Injury and Illness Prevention Program (IIPP) regulations, lockout/tagout, guarding, field sanitation, and training. They also provide practical tips related to training seasonal workers and wildfire smoke hazards.

Register for the upcoming LIVE webinar below Wednesday, August 21, 2024, at 1 pm ET / 10 am PT

Register for the upcoming LIVE webinar below Monday, August 5, 2024, at 1 pm ET / 10 am PT

Alyssa Burley from Rancho Mesa is joined by Carmen Cisneros, San Diego Area Manager of Cal/OSHA's Consultation Services. Together, they explore the range of services available to California business owners to ensure workplace safety for their employees. Show Notes: ⁠⁠⁠⁠Subscribe to Rancho Mesa's Newsletter⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠⁠Cal/OSHA Consultation Services Director/Host: ⁠⁠⁠⁠Alyssa Burley⁠⁠⁠⁠ Guest: ⁠⁠⁠⁠Carmen Cisneros Producer/Editor: ⁠⁠⁠⁠Megan Lockhart⁠⁠⁠⁠ Music: "Home" by JHS Pedals, “News Room News” by Spence © Copyright 2024. Rancho Mesa Insurance Services, Inc. All rights reserved.

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss California's Division of Occupational Safety and Health (Cal/OSHA). Karen, who is the West Coast chair of Ogletree's Workplace Safety and Health Practice Group, and Kevin have a wide-ranging conversation touching on all aspects of Cal/OSHA, from organizational structure to the roles played by inspectors, district and regional managers, and the legal unit. They also share tips on how Cal/OSHA differs from federal OSHA and other state plans.

River Rock expansion | Rosenberg in court today | Cal OSHA shakeup | Wage theft | Occidental voter fraud conviction | Humboldt prosperity funding | More Mexican doctorsClick the icon below to listen.       

In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Eric Hobbs, who is chair of the firm's Workplace Safety and Health Practice Group and a shareholder in the firm's Milwaukee office, leads a discussion of the latest news from the Occupational Safety and Health Administration (OSHA), including the expanded electronic reporting requirements, new enforcement guidance on heat stress, the latest developments regarding safety in warehousing and fall protection, and the new proposed rule revising the walkaround inspection regulation. Eric is joined by Wayne Pinkstone (shareholder, Philadelphia) and Robert Rodriguez (shareholder, Sacramento), co-chair of the firm's Workplace Violence Prevention Practice Group, to cover what's to come in 2024—OSHA's new standards on infectious diseases and workplace violence. As a bonus, Robert reviews the latest from the California Division of Occupational Safety and Health (Cal/OSHA).

Register for the upcoming LIVE webinar below Wednesday May 22, 2024, at 10 am PT / 1 pm EThttps://us02web.zoom.us/webinar/regis...Cal/OSHA Mid-Year UpdatePresented by the Cal/OSHA Team in Conn Maciel Carey's national OSHA Practice GroupAs we near the half-way mark through 2024, join us as we take stock of what has happened at Cal/OSHA in the first few months of the year. We'll cover new developments and agency priorities for the remainder of 2024 and beyond.Participants in this webinar will learn about:✅ Cal/OSHA rulemaking and enforcement goals as we move toward the second half of the year.✅ As employers come into compliance with SB 553 ahead of the July 1, 2024 deadline to implement an effective workplace violence prevention plan and comply with related workplace violence prevention requirements, how has Cal/OSHA weighed in on the new legislation and advanced its own rulemaking efforts on workplace violence for general industry.✅ How can employers navigate requirements regarding heat illness prevention as an indoor heat illness rule comes to fruition.✅ Other updates and predictions following the Cal/OSHA Advisory Committee's March meeting.

An antiquated California law makes the use of autonomous equipment in the vineyard challenging. Michael Miiller, Director of Government Relations at the California Association of Winegrape Growers (CAWG) explains that workplace safety standards developed in the 1970s based on 1940s equipment state that self-driven tractors must have an operator onboard. To update this law, CAWG is working closely with manufacturers and countries that allow autonomous equipment to aggregate data on safety. Automation has many potential benefits to farm workers include developing transferable skills, upward mobility, precision agriculture, and increased safety. Learn about how the law works today and about funding opportunities to train staff. Resources:         117: Grapevine Mildew Control with UV Light 120: Autonomous Drone Vineyard Spraying 219: Intelligent Sprayers to Improve Fungicide Applications and Save Money California Association of Winegrape Growers (CAWG) Legislative Action Center California's ongoing ban of autonomous tractors a major setback Department of Industrial Relations Regulation Title 8 Section 3441 Operation of Agricultural Equipment Electric, self-driving capable tractors roll into California North Coast vineyards. North Bay Business Journal. (Partial pay wall) Frequently Asked Questions Self-Propelled Agricultural Equipment (CAWG Member Login required) Vineyard Team Programs: Juan Nevarez Memorial Scholarship - Donate SIP Certified – Show your care for the people and planet   Sustainable Ag Expo – The premiere winegrowing event of the year Sustainable Winegrowing On-Demand (Western SARE) – Learn at your own pace Vineyard Team – Become a Member Get More Subscribe wherever you listen so you never miss an episode on the latest science and research with the Sustainable Winegrowing Podcast. Since 1994, Vineyard Team has been your resource for workshops and field demonstrations, research, and events dedicated to the stewardship of our natural resources. Learn more at www.vineyardteam.org.   Transcript Craig Macmillan  0:00  Our guest today is Michael Miiller. He is Director of Government Relations at the California association of wine grape growers. And thanks for being on the program.   Michael Miiller  0:09  Thank you for having me.   Craig Macmillan  0:11  The talk today is where we're at with autonomous tractors as they give a presentation, and you brought up some of the issues we were facing. And I know you've worked on this a lot as well, if you can tell us as of where we are here, end of February 2024. Are we going to get our detractors or not?   Michael Miiller  0:30  That's a really good question. And you can approach them in a whole bunch of different ways. One is we already have them, the technologies there. Now they're being used in many vineyards, across companies around the world. They're also being used in orchards and fields and other commodities. And the reasons for that are in that it's not just economics, it's also about availability of workforce. It's about precision, agriculture, precision, viticulture, making sure that we are good stewards of the land. And it's also about looking to the future, making sure that we have a sustainable industry to grow by grower sustainable vineyard is a huge investment in So on one hand, yes, we already have that. On the other hand, there are continued complications of California law with it. The law states that if you are using self driven tractors, and that's the language in the California workplace safety standards, self driven tractors, then that means that you're supposed to have a driver on board that equipment. So if you have an autonomous tractor that is self driven, meaning that it's programmed to operate without a driver on board, but through electronic means through technology, then you're supposed to have a driver on that board, no matter what. And that law obviously very antiquated. It was, you know, created in the 1970s is one of the very first workplace safety standards in California, is based on 1940s technology. And it's basically targeting for a guided tractors and seeding you mechanisms, as well as irrigation, those kinds of things. And that really targeting the tractors or technology we have today just wasn't even a fathem of possibility back in the 40s 50 60 70. So this is all new logic doesn't address that issue. So in that sense, we're not there yet. But we're getting there.   Craig Macmillan  2:24  Reading up on this topic. But first of all, I can see why it came about. Because I remember growing vegetable fields where people were laying irrigation pipe, and there was nobody in the trenches. And I thought, wow, and then also I thought that was really dangerous is someone who then has to jump up into the tractor to train the roads. So they're putting the wheels and things I can understand that. And yeah, nobody had any idea we'd be here today. So where's the resistance coming from this point from this code from Cal OSHA that coming from the legislature was we're, what's the book that we're reading from?   Michael Miiller  2:57  So it's a couple of things. One hand, while there is resistance for some talk about where where we have embraced, right, where we have people welcoming, you have to remember that the California is the place where agriculture and technology intersect, right? We're largest agricultural state in the nation with a home of great innovation technology. So for these things to come together in California, um, it isn't by happenstance, you know, it's because the technology is here that needs parties here. And people generally understand that this technology, you know, while it seems new, or there's something that is up and coming and in development, it is here already, and it is here to stay. So people do genuinely know that, you know, looking at regulators looking at politicians, they generally get that there is a need to get this right. Okay. So that's the good part of it. The resistance comes in a couple places. One, you have labor unions, who basically fundamentally think that they're gonna lose jobs, technology, right? That for every track that has being driven and remotely, yeah, that's one less tractor driver. And they see that as a job loss in this example. We don't see it that way. We fundamentally believe that in California, there are two tractor jobs for every one tractor driver, you know, we just don't have enough workers to do the job. So in that reality, we're not losing jobs. We're just not. That's just not the reality. And the other part of it, too, we also know that if you take the average person who was working on a tractor and say, Hey, would you rather ride that tractor all day long? Or would you rather operate that tractor remotely from a laptop computer with a skill that is transferable to other industries? I would say more than 99% of those drivers say, yeah, you take me off the tractor. If I can do it remotely? Absolutely. Why would I want to be on the tractor? We don't really see it as a job loss issue. We also see more as a job safety issue. And we know that with technology, the firm is much much safer. It just is because of how the machine is designed to be used. If you're spraying pesticide with it with a machine It is going to be more precise, where it is applied. And it's going to be lesser in amounts and how much is applied. So we think that that is increased worker safety, as well as the basic fact that there's nobody on that tractor, it's less likely that someone's going to get hurt by that tractor. So we really fundamentally believe that is actually as a increase worker safety, increased environmental safety, as well as no job loss. But that is really views are coming from they're fundamentally concerned about job loss, I would never speak for them, you should talk with them yourself. But that's what they testify to in public hearings, then you look at the other issue, the big the bigger public perspective, and the bigger political conversations that happen around it. And we talked about anything that is automated, as far as you know, equipment, vehicles driving around, the first place people go to as those taxis in San Francisco, and they look at it from that perspective, okay. You've got busy roads, you've got hills, you've got curves, you've got pedestrians, you have all of those factors. And then they look at the videos that are, you know, online and computer, you know, YouTube, whatever. And they see those occurrences which, frankly, are very infrequent and not the common occurrence, but they're an infrequent occurrence. But they see those infrequent occurrences and they see them as commonplace, even though they're not. And then they see them, as is something that, you know, applies to all autonomous equipment, all self driven equipment. And in reality, if you're looking at, you know, the tractor moving two and a half miles per hour through a vineyard, when nobody's there, you have a very different situation than, you know, 1000 pound, you know, semi truck going down the interstate for a taxi in downtown San Francisco, was a very different situations. And so we think that we really just look at ag equipment autonomously in a vineyard, because we represent winegraoe growers, that it should be a whole separate conversation from all of the other, you know, autonomous equipment conversations,   Craig Macmillan  7:03  There are autonomous tractors in other states, right, and other countries. So is it possible to bring in these races from these other places, and make an argument that would be persuasive?   Michael Miiller  7:17  That is exactly what we're doing. We believe, whenever you're writing, a workplace safety regulation, this should be based on data should be based on evidence should be based on facts. It shouldn't be based on hyperbolic concerns and discussions, right? Although there's always you know, the the element of people to be safe and where there are concerns. And those concerns or concerns are expressed broadly. Some people I think, take anecdotes and view them as facts or evidence, when in reality, an anecdote is not, you know, conclusive evidence. So we're looking at that evidence from not only other states, but other countries as well. You look over Europe, South America, Australia, New Zealand, I mean, this equipment is in use, and they have data of the manufacturers have. And they put that together, some of the labor unions have resisted that data, they think that if the worker isn't represented by a union, then the worker is afraid to file a complaint or speak up and therefore the data isn't reliable. And in California, you've got less than point 5% of our ag forces represented by a union. Most workers in California don't want to be in a union, they don't see any gain to their advantage in that. In that reality, then it's incumbent on us to come up with all that right data and all that right evidence. And that's what we're doing. We're working closely with those other countries, manufacturers, those countries and others. I recently met with the company from New Zealand, and they were had a very interesting presentation about how they have a robot that goes through the vineyard. And it scans in real time looking for viruses and diseases. If you think of for red blotch, for example, right, the robot will go through it a cup, and then the grower and your manager will get on their computer screen, an image of that vineyard with specific locations of where there's a problem and where it needs to be treated. So that grower can then take a robotic tractor, go into that vineyard the next day, and sprayed just those locations where there are problems. And they're doing that in New Zealand and heavy hills, all kinds of terrain, and they're doing it successfully in a very safe way. And that's evidence that we that we you know, gathering and putting together and we think that that's ultimately gonna be very helpful to us.   Craig Macmillan  9:37  You brought up an interesting point that is certainly talked about autonomous tractors and tractor are mentioned or equipments mentioned in either zero. This is Cal OSHA regulation?   Michael Miiller  9:47  Correct.   Craig Macmillan  9:48  Does this apply to things like automated robots?   Michael Miiller  9:51  Probably because remember, when you're talking about self driven agricultural equipment equipment.   Craig Macmillan  9:56  Yeah, then can be very broad. Interesting, interviewed a number of different posts for the podcast that are working on automated robots to do all kinds of stuff. And this exact problem had really occurred to me.   Michael Miiller  10:10  If you think about it from the perspective of some of the sprayers that are out there now, there's a sprayer that has like three different models. And there is no, you know, driver's seat, there's no steering wheel, there's no accelerator, brake, clutch, gear shift none of that. It's all operated remotely. So even if you wanted to put somebody on top of that sprayer and have it running through the vineyard, there's no place a person to be. It's just not physically possible. Right?   Craig Macmillan  10:39  Where are we have what's coming up next? We're in February 2024. And you had mentioned public hearings and testimony speaking in the Senate, what's the next phase on this topic?   Michael Miiller  10:49  So we're working closely with the manufacturers, we believe that the best way forward is mobile a couple of things. If your viewers are members of the California Association of wine grape growers, we put out a FAQ fact sheet that we think will help growers to use equipment under California law legally in California, in California, the key is that we using that equipment, it shouldn't be anybody else in the vendor, right? If the tractors going through doing his work, just make sure that there's nobody there. Because if you do that, then it is not really a workplace. Remember, the regulation is a workplace safety standard that applies to a workplace. So if there's nobody there is not a workplace, that law doesn't apply to that. And again, I'm not your lawyer. So I encourage you to read our FAQ sheet, but that also talk with your legal counsel and your HR professionals. Make sure that works for your specific situation. Very broadly speaking, if there's nobody in the in the vineyard, then it's not really work because it should be elaborative. But that means you should also keep the records of that, how do you how do you document that there's nobody there and keep your payroll records, make sure it's all detailed, keep time logs about when the machines that use or where it's in use, you make sure you've got all that documented for a minimum of six months. So that if there's ever a citation issue, if somebody files a complaint, you can then say, Okay, here's what you know, here's what we did, here's how we did it. And there's nobody there. Therefore, it's not a workplace, and therefore, there's no basis for the citation. So that's in the short term, because, again, I have visited a number of venues where the equipment is in use. And that is fundamentally how it's often used right now, with nobody around the equipment they the operative late at night, they operate on doing equipment that doesn't really require anybody to be in the vineyard. So it fits what's in practice today is to really look at that separate from a workplace safety standard, because it's not really a workplace. So that's the short term. And the long term, we really got to fix this regulation, we just have to the regulation is goes back to the disco age, for God's sake, right, music has changed. So it's technology. So and so was fashion, right? So yeah, I don't have any bell bottoms anymore. So so we need to think about, you know, how that regulation, you know, should read and how it should apply to just autonomous equipment and what that would look like. And part of that is going to have to come from the manufacturer, industry from the from that sector, because they're the engineers, they're the experts, they know how to do that, right? The agricultural end of it, we can bring all kinds of evidence to bear about why it's needed, and why it's appropriate, why it needs to be updated, the details of the equipment itself, what if defined with equipment is in a way this engineer and how its technology is used, then you have to look at how to operate that equipment safely and what that looks like and how that, you know, operates. And then you go look at where is equipment intended to be used and for what purpose. So you've got to put all that together in a regulation that your reflects the science, not only of today, but also where things are going. So because we have to keep going back and just as regulation of science, develops, technology grows over time, is gonna be a long, long continual investment process of the regulation. And we think it should be written in a way that reflects what's happening today, with also our appreciation of what's coming down the road, is we know that there's more coming. I mean, we're at the tip of the iceberg of what the technology can do right now.   Craig Macmillan  14:35  Oh, yeah, no, you're absolutely right. I the role of humans in this is always the tricky bit. It's kind of an aside, but I'm old enough to remember when laser cutters first came out. It was kind of a panic that you're gonna put an eye on you're gonna blind somebody with these, you're gonna and no, I don't want to shine in my eye but they're all over the place. I use them all the time and they're just they're not illegal. Don't put it in an airplane. Hopefully we can kind of get past some of it. So one of the reasons I say that is, again, I've talked to many guests, they're going full on in this area. And they've got federal funding, like you said, it's being it's being implemented in all over the world. And we need to catch up.   Michael Miiller  15:13  Frankly, if you're a grower in California, and you're not thinking about looking at precision agriculture, and how do you use this technology, you're making a mistake, because it really will benefit every part of the industry. I firmly believe that and it'll benefit our workforce, our communities, everybody involved. Well, another example perhaps for me too, is you mentioned laser printer. The other ones, I remember the 70s When I was a kid, the invention of scanning groceries, the barcodes at the cash register, right? That didn't exist before early 70s. Right. And one of the places where there was a lot of pushback on it was from cashiers, they thought you're going to replace my job with these machines are going to scan the groceries. And if you talk to the average grocery cashier today, they would not want that job otherwise, because it makes their job a lot easier.   Craig Macmillan  16:05  You still need cashiers.   Michael Miiller  16:07  Correct. Yeah.   Craig Macmillan  16:08  Yeah. I mean, that role didn't go away. You know, when I first met you, I saw you give a talk. And I asked you a question. I'm gonna answer this question here. That does a really interesting answer. We're definitely moving this technology direction. There's no doubt of it. When we're talking automation, we're talking robotics, we're talking electrical driven motors, on and on and on, this is going to take a pretty sophisticated workforce to not only operate, but also to maintain nationally or in California, are we bringing people into learn these topics in these areas?   Michael Miiller  16:46  That's a good question. It's a several layered answer. You know, one is one hand. Yes, we are. I mean, when you're looking at some of the manufacturers who are doing some of this product testing, they're making sure that there are people trained to operate their machines, and there's the training themselves as part of the package, when you buy the tractor, you're gonna get some assistance and training your employees to have a part of it as you have Fresno State university, UC Davis, Cal Poly, a lot of community colleges, who are already training in some of this work, they're they're making sure that where there is training of agriculture industry, that that training includes technology, right. They're training people, you know, for all of that, as well as for the marketing in the industry, product, all of it. So the training is already happening as well, or I mentioned earlier, where we know that there's some embrace of this issue, the governor just recently announced that there's going to be a $10 million program at the EDD employment training panel, where there's some money being provided for agricultural employers to train their employees and various things, not just technology, it can be all kinds of different issues. But the idea goes to make sure that we have a sustainable workforce of workers are getting trained in skills that will benefit them through upward mobility, transferable skills, and all of that. And that $10 million is for that purpose. So if you're the if you're the grower, who's wanting to make that change, and move, move from, you know, traditional tractors to self driven automation, whatever kind of equipment you're going towards, you know, it might be an option for that grower to, to apply for a grant for the ETP, to get some funding to train those people in that new skill. So there is a lot of recognition of the need to train workers and to make sure that that people have the skills necessary. One of the big ones you mentioned was how do you maintain these tractors, right, if you've got an electric tractor, you know, that's operating on the battery. And it's a whole different mechanism than if you have a tractor, that's diesel gasoline, you know that how you repair that equipment, how you service equipment, you maintain it, it's a bit of a different skill. So we need people who are trained in that as well as how to operate it. So there's a pretty substantial need for training people. And I think that that's kind of the appeal of it too. Because all those skills are transferable. When we look at our workforce, we see that the average ag worker is getting older and older. That's because we're not bringing in a lot of younger people, right? They don't want to do the ag work, they want to do something different, right? They're more interested and motivated to do other kinds of work. So if we can look at that reality for younger workers and say, how do we make this job more appealing to them? And we're applying these kinds of technologies and skills, they will come back because at work in the 70s is very different than ag work today with this technology. It's just an entirely different thing.   Craig Macmillan  19:46   If there was one thing that you would tell a great or on this topic, what would it be?   Michael Miiller  19:52  I'll start with this. I'm a Midwestern kid. I was born in Sioux Falls, South Dakota. I spent most of my childhood in Iowa and Wisconsin, my tie back to agriculture is from that Midwest experience, right. And my uncle has a farm outside of Mitchell, South Dakota. And I would go help them as farmers and I drive tractor and do whatever he had. He had hogs. He had some cattle, he grew soybeans, corn, alfalfa, all kinds of stuff. He was very diverse in what he did every year. You know, he relied on Mother Nature for rain in new irrigation back there, right? So I remember talking with him after I come out to California, just touching him, see how he's doing? And I asked him, so what's your most reliable crop right now? How are you doing with it? How was how's the industry has environment, it's my most reliable crop right now is a cell tower, that I lease on the corner of my land, that is guaranteed income every year, every year that's guaranteed income. With that in mind, if I talk to a grower today and say, what's, what's the one thing they should really think about, think about where your opportunities are to actually, you know, save money, invest in the future, reduce your cost, and actually create those reliable sources of income and sustainability, right. So if you're looking at things like carbon sequestration in the vineyard, you're looking at cover crops you're looking at, you know, all of that kind of stuff. You're looking at, you know, a technology that is down the road, you're looking at stuff that's coming, and I would pause, take a breath and look at all of that, because there are huge opportunities there is some growers laughed at my uncle for putting up this tower. He's like, Yeah, but this is cash income every month. And I'm good to go with it. Yeah. So yes, I say continue looking at the technology and see how it applies to your bottom line. Because you will be surprised at how much and how big of an advantage it is for growers to actually look at this technology and make that investment.   Craig Macmillan  21:55  I'm from the Midwest, myself. I'm from Iowa, Soux Falls Iowa.   Michael Miiller  21:58  I lived in Waterloo as a kid.   Craig Macmillan  22:00  You're kidding me.   Michael Miiller  22:01  No, Waterloo!   Craig Macmillan  22:02  We need to edit this part out! Well, then you can well, then you really can relate to this. You know, I was involved in farming, I was a city kid. But we had, you know, members of our church, or folks that we knew who had farms and side of town, they had to make some big decisions. Sometimes, you know, depending on the price of corn, they may have to store it, I may put it in a silo. Or maybe I should look at another crop or another type of livestock or something like that. Since that time, we now have farms with tractors that are running on GPS that have intelligent sprayers all programed. And a family can farm quite a bit of ground with again, a lot of safety, but they weren't big investments. They were risks. That's that's what I hear from around other crops. It's like Nope, that was a big jump. But once we did, it made tons of sense, it worked out great. I do want to kind of underline your idea that we should definitely be looking and thinking and doing the math. And then especially as technology becomes more adopted.   Michael Miiller  23:00  Everybody's got to make the decision as a grower by grower or video by vineyard basis. But in speaking in general terms, I think growers would be surprised actually beneficial it is to them.   Craig Macmillan  23:10  Where can people find out more about you in these topics?   Michael Miiller  23:13  You go to our website www cwg.org orgy my email simple Michael at cwg.org Send me a text anytime email I'm easy to get a hold of. The contact information is on the website. And there's some information on there as well mentioned our FAQs etc website and it gets available for our growers and viewers who aren't caught growers should be known I could help you with that as well.   Craig Macmillan  23:39  Okay, sounds good. This today was Michael Miiller. He's Director of Government Relations, California Association of wine grape growers. Thanks for being here.   Michael Miiller  23:46  Thank you so much. Enjoy yoru day.   Craig Macmillan  24:22  Waterloo, Iowa   Michael Miiller  24:24  Yeah! yeah, go cyclones.   Nearly perfect transcription by https://otter.ai

Rancho Mesa's Alyssa Burley and Client Communications Coordinator Megan Lockhart discuss the enhanced occupational lead exposure standards, recently approved by Cal/OSHA. Show Notes: ⁠⁠⁠⁠⁠⁠Subscribe to Rancho Mesa's Newsletter⁠⁠⁠⁠⁠⁠. ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ ⁠⁠⁠⁠ ⁠SafetyOne™ App⁠⁠⁠ Cal/OSHA Website Director/Host: ⁠⁠⁠⁠⁠⁠Alyssa Burley⁠⁠⁠⁠⁠⁠ Guest: ⁠⁠⁠⁠⁠⁠Megan Lockhart⁠⁠⁠⁠⁠⁠ Producer/Editor: ⁠⁠⁠⁠⁠⁠Lauren Stumpf⁠⁠⁠⁠⁠⁠ Music: "Home" by JHS Pedals, “News Room News” by Spence © Copyright 2024. Rancho Mesa Insurance Services, Inc. All rights reserved.

Register for the upcoming LIVE webinar below Wednesday, April 24, 2024, at 10 am PT / 1 pm EThttps://us02web.zoom.us/webinar/regis...Tips and Strategies for Preventing and Responding to Workplace Violence IncidentsPresented by Kara M. Maciel, Rachel L. Conn, and Daniel C. DeaconWorkplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading causes of occupational injuries in the country every year. While OSHA has no specific standard for workplace violence, the OSH Act's General Duty Clause requires employers to provide a workplace free from recognized serious hazards, and OSHA has instituted enforcement actions under its General Duty Clause after incidents of workplace violence. OSHA has also initiated a rulemaking to address workplace violence in specific industries.California has taken the lead in implementing the first workplace violence rule in the country for general industry, requiring nearly all California employers (unless they fall under one of the limited exemptions) to establish, implement, and maintain an “effective” written workplace violence prevention plan, investigate every incident workplace violence (broadly defined), create and maintain violent incident logs, conduct annual employee and supervisor training, and abide by additional recordkeeping requirements. This general industry rule follows the Cal/OSHA regulation on Workplace Violence Prevention in Health Care.The EEOC has also prioritized ways to effectively prevent and address workplace violence, particularly in the form of workplace harassment. And outside of OSHA and the EEOC, employers can also be held liable for workplace violence through other claims such as negligent hiring and supervision.Participants in this webinar will learn about:- What constitutes workplace violence- EEOC and OSHA enforcement priorities related to workplace violence- Legal risks associated with workplace violence- Updates on federal OSHA workplace violence rulemaking- California's New Workplace Violence law- Best practices for workplace violence prevention- Tips for responding to a workplace violence incident in your work

California's SB 553 mandates a Workplace Violence Prevention Plan (WVPP) by July 1st, 2024! This important law is designed to keep California's workplace safe, but navigating the requirements can be confusing. Don't worry, we're here to help! In this episode, we'll break down everything you need to know about the Cal/OSHA WVPP, including...• Key Requirements of a WVPP 1. Written Plan 2. Employee Training 3. Inspections 4. Incident Log• How to develop your WVPP (with or without an attorney)• Potential consequences for non-compliance• Why this matters even outside CaliforniaDon't let compliance catch you off guard. Get started on your WVPP today.

Welcome to RIMScast. Your host is Justin Smulison, Business Content Manager at RIMS, the Risk and Insurance Management Society.   As RISWORLD 2024 in sunny San Diego is just around the corner, I am delighted to welcome RIMS San Diego Chapter President Cheryl Berman to RIMScast. Cheryl is serving as Chapter President for the second time and has been a RIMS member since 1994. Sharing her background, Cheryl tells how she joined RIMS as she transitioned into the safety and workers' compensation field working for a drywall and plaster specialty contractor. We discuss workers' compensation, California's new SB 553, the CA Workplace Violence Prevention Plan, and the RIMS San Diego Chapter. The RIMS San Diego Chapter is presenting a webinar on the new regulation on March 28th. Listen in for Cheryl's story of learning the risk management profession within the specialty contractor world.   Key Takeaways: [:01] About RIMS and RIMScast. [:14] Public registration for RISKWORLD 2024 is now open. Explore infinite opportunities with RIMS from May 5th through May 8th, 2024, in San Diego, California. Register at RIMS.org/RISKWORLD. [:31] About today's EPISODE of RIMScast. Our guest is RIMS San Diego Chapter President Cheryl Berman. We'll talk about construction safety, risk, and RISKWORLD 2024. [:53] The RIMS-CRMP is the only competency-based risk management credential. That matters because earning the certification shows employers and recruiters that you have the skills necessary to manage risk and create value for your organization. [1:10] Several Exam Prep virtual workshops are coming up. On March 19th and 20th, this two-day course will be presented with PARIMA. The next RIMS-CRMP-FED Exam Prep Virtual Workshop will be held from April 2nd through the 4th and led by Joe Mayo. Visit the certification page on RIMS.org for more information. A link is in these show notes. [1:40] On March 20th at 9:00 a.m., Eastern, we have another informational session about Recertification: Keep Your RIMS-CRMP Active. I will be hosting that session, along with RIMS VP of Professional Development, Denise Osorio. If you have the CRMP and you don't want the credits to lapse, find out how to keep it active! The link is in the notes. [2:06] As you know, RISKWORLD 2024 is coming up from May 5th through May 8th, 2024, in sunny San Diego, California. Registration is open at RIMS.org/RISKWORLD and at the link in this episode's show notes. Register today! [2:23] In Episode 276 of RIMScast we had opening keynote Peter Diamandis join us. Check out that episode for just a taste of what's in store for RISKWORLD 2024. The full roster of keynotes has been announced! I'm so excited! We will be welcoming Academy Award actress, director, and activist, Marlee Matlin! [2:47] For our industry keynote, we will be rejoined by Evan G. Greenberg, the Chairman and Chief Executive Officer of Chubb Limited and Chubb Group. That session will be sponsored by Chubb. Just announced, our closing keynote will be Daymond G. John. You know him from Shark Tank. He's also the CEO and Founder of FUBU. I'm a big fan. [3:11] I'm so excited for that closing keynote on May 8th! It will be extremely high-energy! Register at RIMS.org/RISKWORLD. We want to see you there! [3:22] My guest today has spent decades in construction risk. This is her second presidency of the RIMS San Diego Chapter. She is Cheryl Berman and she is here to discuss her career, construction risk, and safety risk. She has some words of wisdom for anyone moving into the construction and risk space. [3:46] San Diego is our host chapter for RISKWORLD 2024, so we'll be talking about that, as well. Cheryl Berman, RIMS San Diego Chapter President, welcome to RIMScast! [4:30] Cheryl fell into risk management. She has always been in the building industry, starting in operations. She went from operations to asset protection, then to safety and workers' compensation. When her company was spun off, it became Cheryl's job to get insurance for the company. Nobody else at the company had insurance knowledge. [5:25] That's how Cheryl's risk management career started. She joined RIMS at that time to become more knowledgeable about risk and insurance. That was in 1994. A RIMS member for 30 years! [6:09] In 1994, RIMS met in person and had newsletters that came in the mail. There were committees, including Workers' Compensation, Insurance, Safety and Loss Control, and Legal Legislation. Besides monthly chapter meetings, committees met two or three times a year. There was a lot of personal interaction. [7:10] Construction wasn't a RIMS topic at the start, but there were other people in the chapter with a background in construction so that helped. [7:58] Brady West is Cheryl's employer. Brady West is a drywall contractor, including lathe and plaster and metal framing. It is a specialty contractor, not a general contractor. Brady West works primarily on commercial projects. Cheryl reviews contracts both upstream with clients and downstream with subcontractors. [8:52] Cheryl is the whole Risk Group at Brady West. She's a department of one. She is used to it. In some roles, she has had HR and Payroll report to her but she was the only risk manager. In one company Cheryl worked for, things landed on her desk randomly. A trainee had been told, “If you don't know what to do with it, put it in Cheryl's in box”! [10:00] Workers' Compensation is probably the number one thing that happens in most construction companies. Construction injuries can cause drastic changes in someone's life or just require stitches and be done. When it changes a life, it is difficult. A claim is filed and it is hoped the worker will recover and return to work. [11:47] California has a new Senate Bill for instituting a workplace violence prevention plan for any company that has an employee. Cheryl explains different issues that may come up at different locations, depending on the local population. The mandate takes effect on July 1, 2024. However, Cal OSHA has not come up with a final rule for plans. [15:01] RIMS plug time! RIMS Virtual Workshops: Visit RIMS.org/virtualworkshops to see the full calendar. On March 27th and 28th, our good friend, Ken Baker, of Enterprise Risk Consulting, leads the two-day course, Fundamentals of Risk Management. [15:24] Information about these workshops and others is on the RIMS Virtual Workshops page and a link to the full calendar is in this episode's notes. There are RISKWORLD 2024 pre-conference workshops held on May 4th and 5th. A link is in this episode's show notes. [15:41] Topics include but are not limited to Applying and Integrating ERM, Fundamentals of Insurance, and a RIMS-CRMP Exam Prep Workshop. Go to RIMS.org/RISKWORLD and then go to Learn and then Workshops. You will find it there. [15:56] On March 21st, Zurich presents Fraud Attitude Shifts in the Industry. On March 28th, our friends at TÜV SÜD GRC will present Inflation and Property Valuation: Aligning Your Assets with Reality. On April 11th, Clara Analytics returns to present AI's Impact on Emerging Risk Management Trends. [16:20] On April 18th, Hub International returns for the second installment of its Ready For Tomorrow Series, Challenging the Status Quo: Rethinking Your Casualty Risk Strategy. Visit RIMS.org/Webinars to learn more about these webinars and to register! Links are in the show notes. Webinar registration is complimentary for RIMS members. [16:44] Our friends at FERMA encourage you to participate in its inaugural International Risk Managers Survey, open through March 2024 to risk professionals from the U.S., Latin America, Asia-Pacific, and Africa. It is produced in partnership with PwC France. The results will be distributed in October 2024. A link is in this episode's show notes. [17:12] The RIMS San Diego Chapter on March 28th will host CA Workplace Violence Prevention Plan: Are You Ready for the New Regulation? That regulation is known as SB 553. A link to the RIMS San Diego Chapter event is in this episode's show notes. [17:44] Cheryl's top priority in construction is workplace safety. In California, companies must have an injury and illness prevention plan. Cheryl has training prepared for all the tasks a worker would do. It's constantly being tweaked as different work and machinery come down the pike. It's reviewed as processes change; at the least, annually. [19:22] In the three decades Cheryl has been in the profession, she believes more attention is paid now to risk management and safety. Awareness has improved. [20:06] Cheryl's advice to anyone entering the construction field as a risk professional is to understand the operations side before dictating what safety is. Have some experience in understanding the pressures of the workers, to help them better. Cheryl's operations-side experience was helpful when she transferred to the administration side. [20:43] Cheryl's experience told her what workers can do and what they struggle with. [21:26] At the first company where Cheryl worked in the asset protection side, they knew her from her 15 years of experience in operations. When she transitioned to a new company, the person who hired her was her champion. Cheryl shares a workers' comp experience from that job that turned into a home run for her. [23:51] The EEOC helped Cheryl get an outside sales position with very little experience so she worked hard to learn the trade. She worked only once briefly for someone who did not believe in her and she moved quickly to another job. She is very appreciative of the wonderful advocates and people who have helped her throughout her career. [25:53] Justin noticed that the leadership of the RIMS San Diego Chapter is comprised almost entirely of women. They volunteer their time and are passionate about the profession and their careers. Cheryl says the chapter is fortunate to have some very capable people on the board. [26:36] Cheryl tells about her time on the board, including two terms as president, first in 2002, and at present. She has been on the chapter board since 1995, with a five-year break. Her professional career grew parallel to her RIMS career. [28:38] Cheryl leads by example showing that women can have a great career in risk management. [29:37] Cheryl is very excited to have RISKWORLD 2024 in her home city of San Diego. [30:15] The RIMS San Diego Chapter is planning a reception for RIMS staff, the board of directors, and RIMS past presidents on the Friday before RISKWORLD 2024 starts. [31:02] Special thanks to RIMS San Diego Chapter President Cheryl Berman, for joining us here on RIMScast. Visit SanDiegoRIMS.org for more information. They have a fascinating session coming up on March 28th about SB 553 the CA Workplace Violence Prevention Plan. The link is in this episode's show notes. [31:33] Go to the App Store and download the RIMS App. This is an exclusive members-only benefit with all sorts of RIMS resources and coverage. Everybody loves the RIMS App! [31:58] You can sponsor a RIMScast episode for this, our weekly show, or a dedicated episode. Links to sponsored episodes are in our show notes. RIMScast has a global audience of risk professionals, legal professionals, students, business leaders, C-Suite executives, and more. Let's collaborate! Contact pd@rims.org for more information. [32:44] Become a RIMS member and get access to the tools, thought leadership, and network you need to succeed. Visit RIMS.org/membership or email membershipdept@RIMS.org for more information. [33:01] Risk Knowledge is the RIMS searchable content library that provides relevant information for today's risk professionals. Materials include RIMS executive reports, survey findings, contributed articles, industry research, benchmarking data, and more. [33:17] For the best reporting on the profession of risk management, read Risk Management Magazine at RMMagazine.com, and check out the blog at RiskManagementMonitor.com. Justin Smulison is the Business Content Manager at RIMS. You can email Justin at Content@RIMS.org. [33:59] Thank you for your continued support and engagement on social media channels! We appreciate all your kind words. Listen every week! Stay safe!   Mentioned in this Episode: RISKWORLD 2024 — San Diego, CA | May 5–8, 2024 RISKWORLD Pre-Conference Workshops NEW FOR MEMBERS! RIMS Mobile App RIMS DEI Council Spencer Educational Foundation — Grants Page RIMS-Certified Risk Management Professional (RIMS-CRMP) RIMS-CRMP Virtual Workshops 2024 International Risk Manager Survey conducted by FERMA in partnership with PwC FERMA RIMS San Diego Chapter RIMS San Diego Chapter Presents: CA Workplace Violence Prevention Plan | March 28, 2024   RIMS Webinars: Recertification: Keep Your RIMS-CRMP Active | Presented by RIMS | March 20, 2024 Fraud Attitude Shifts in the Industry | Sponsored by Zurich | March 21, 2024 Inflation and Property Valuation: Aligning Your Assets with Reality | Sponsored by TUV SUD GRC | March 28, 2024 AI's Impact on Emerging Risk Management Trends | Sponsored by Clara Analytics | April 11, 2024 Hub's “Ready for Tomorrow” series: “Challenging the Status Quo: Rethinking Your Casualty Risk Strategy” | Sponsored by Hub International | April 18, 2024 RIMS.org/Webinars Upcoming Virtual Workshops: See the full calendar of RIMS Virtual Workshops RIMS-CRMP Prep Workshops Related RIMScast Episodes: “Water and Women in Risk with Sarah Mikolich” “Giving Back with APIW President Liz Kramer” “RISKWORLD 2024 Keynote Peter Diamandis” Sponsored RIMScast Episodes: “Alliant's P&C Outlook For 2024” | Sponsored by Alliant (New!) “Why Subrogation is the New Arbitration” | Sponsored by Fleet Response “Cyclone Season: Proactive Preparation for Loss Minimization” | Sponsored by Prudent Insurance Brokers Ltd. “Subrogation and the Competitive Advantage” | Sponsored by Fleet Response “Cyberrisk Outlook 2023” | Sponsored by Alliant “Chemical Industry: How To Succeed Amid Emerging Risks and a Challenging Market” | Sponsored by TÜV SÜD “Insuring the Future of the Environment” | Sponsored by AXA XL “Insights into the Gig Economy and its Contractors” | Sponsored by Zurich “The Importance of Disaster Planning Relationships” | Sponsored by ServiceMaster   RIMS Publications, Content, and Links: RIMS Membership — Whether you are a new member or need to transition, be a part of the global risk management community! RIMS Virtual Workshops On-Demand Webinars Risk Management Magazine Risk Management Monitor RIMS-Certified Risk Management Professional (RIMS-CRMP) RIMS-CRMP Stories — New interview featuring Dr. Lianne Appelt! Spencer Educational Foundation   RIMS Events, Education, and Services: RIMS Risk Maturity Model® RIMS Events App Apple | Google Play RIMS Buyers Guide   Sponsor RIMScast: Contact sales@rims.org or pd@rims.org for more information.   Want to Learn More? Keep up with the podcast on RIMS.org and listen on Spotify and Apple Podcasts.   Have a question or suggestion? Email: Content@rims.org.   Join the Conversation! Follow @RIMSorg on Facebook, Twitter, and LinkedIn.   About our guest: Cheryl Berman, RIMS San Diego Chapter President Risk Manager at Brady West, Inc.   Tweetables (Edited For Social Media Use): Getting insurance for the company landed on my desk because there wasn't anybody else in the company who knew anything about it. — Cheryl Berman   In one of the companies I worked for, things would just land on my desk and I'd ask “Why is this here?” But I'd figure it out and I'd deal with it. — Cheryl Berman   In California, companies must have an injury and illness prevention plan. — Cheryl Berman   We are fortunate to have some very capable people on our RIMS San Diego Chapter board. — Cheryl Berman

Throughout March, support Beach Pantry by donating toiletries and non-perishable food items to the Laurén Chalmers '83 food drive. Donations are accepted at numerous locations on campus as well as the pantry office in Room 116 of the University Student Union. On Monday, March 11 from noon to 1 p.m. join the Career Development Center for their Resume Writing for the Spring Job Fair workshop. Register on the Careerlink app to receive a Zoom meeting link. The Women in Science and Math Panel is an on-campus event in the USU Ballrooms that aims to highlight women's accomplishments and experiences in STEM. Through panel discussion on Tuesday, March 12 from 5 p.m. to 6:30 p.m., students will hear from women leaders from the College of Natural Sciences and Mathematics. PMS 101: How to Support the Menstrual Cycle through Nutrition, hosted by the Basic Needs office and the Women's Gender and Equity Center, will teach participants about the effect that diet and lifestyle have on the menstrual cycle. Head to Room 122 of the Student Success Center on Wednesday, March 13 from 1 p.m. to 2 p.m. to attend. Don't Touch My Hair is an event for the Black community to express themselves and explore the significance of Black hair. This event will emphasize the rich history and cultural importance of Black hair and will take place on Wednesday, March 13 from 4 p.m. to 6 p.m. in Room 306 of the USU. On March 13 from 2 p.m. to 3 p.m. in the USU Room 205, join Sustain U for the Beyond Barren Lands event to learn about desert conservation. Register on the Events and Orgs app to secure a spot. Long Beach State has been cited with a $10,125 fine from the California Occupational Safety and Health Administration (Cal/OSHA). Cal/OSHA determined that the CAPS satellite program, which placed counselors in various locations on campus, unsuccessfully enforced procedures for workplace violence and unsafe workplace conditions. The Isabel Patterson Child Development Center (IPCDC) has struggled to maintain student assistant teachers who can fulfill its required scheduling. Job postings for available positions are open on the ASI website and pay ranges from $16 to $16.75 per hour. The IPCDC is looking for those who can work from 8 a.m. to 12:30 p.m. or 12:30 p.m. to 5 p.m. on weekdays. The Food and Drug Administration has announced a warning for six spice brands -- La Fiesta, Marcum, MK, Swad, Supreme Tradition and El Chilar -- whose cinnamon could be contaminated with lead. Since the FDA announcement, there have been no causalities or health complications reported. CVS and Walgreens are now allowed to write prescriptions for an abortion pill called mifepristone in states where medication abortions are legal. CVS will start filling the prescriptions in Massachusetts and Rhode Island within a few weeks while Walgreens will begin distributing the pill even sooner than that. The Centers for Disease Control and Prevention announced two new COVID-19 recommendations on March 1. People with a positive COVID result no longer need to isolate themselves from others for five days and it is recommended that people older than 65 get an additional booster shot this Spring. The CDC is trying to simplify its guidelines while emphasizing the importance of vaccines and treatments. President Biden has announced his emergency plan to build a pier on the Mediterranean coast of Gaza to deliver aid to Gaza. U.S. ships are expected to deliver food, medicine, water, and temporary shelter. Host: Lei MadrigalEditor: Julia GoldmanProducers: El Nicklin, Aidan SwanepoelLike, comment, and follow us on your favorite platform for more content! Apple Podcastshttps://podcasts.apple.com/us/podcast/daily-49er-podcasts/id1488484518?uo=4 Google Podcastshttps://www.google.com/podcasts?feed=aHR0cHM6Ly9hbmNob3IuZm0vcy9kMzEwMjEwL3BvZGNhc3QvcnNz Spotifyhttps://open.spotify.com/show/4HJaqJep02kHeIQy8op1n1 ⁠Overcasthttps://overcast.fm/itunes1488484518/daily-49er-podcasts

Register for the upcoming LIVE webinar below Wednesday, February 21, 2024, at 10 am PT / 1 pm EThttps://us02web.zoom.us/webinar/register/2016989374514/WN_XDH4vEQlRB-10JW9ndFdLQ#/registrationTop Cal/OSHA ViolationsPresented by the Cal/OSHA Team in Conn Maciel Carey's national OSHA Practice GroupWhile Cal/OSHA's regulations must be at least as effective as federal OSHA regulations, Cal/OSHA can and certainly does have regulations unique to the Golden State. Employers looking to improve their workplace safety and health program and better manage the risks of agency enforcement can gain helpful insight by reviewing Cal/OSHA's most frequently cited regulations.Participants in this webinar will learn about:• Cal/OSHA's most frequently cited regulations• An overview of industry-specific regulations cited most often• Regulations unique to Cal/OSHA and how that impacts agency action during inspections

In this podcast, Kevin Bland and Karen Tynan discuss the latest news and guidance from California on COVID-19 protocols. Kevin, who is a shareholder in Ogletree's Orange County office, and Karen, the West Coast chair of the firm's Workplace Safety and Health Practice Group, cover the state's break from federal CDC guidelines; Cal/OSHA's non-emergency COVID-19 standards; and the new CDPH order changing protocols on outbreaks, the definition of “close contacts,” the duration of the infectious period, contact tracing, and more. Karen and Kevin also cover the shift in the definition of an outbreak from three cases in fourteen days to three cases during a seven-day period.

Register for the upcoming LIVE webinar below (Tuesday, January 30, 2024, at 9:30 am PT / 12:30 pm ET)https://us02web.zoom.us/webinar/register/6217037041731/WN_ymVkP4G5RHKM8bS21PnYTA#/registrationPreparing for California's Indoor Heat RegulationPresented by Rachel L. Conn, Megan S. Shaked, and Andrea O. ChavezAlthough temperatures have cooled down in California, the status of California's Indoor Heat Illness Prevention Regulation has heated up. California's Heat Illness Prevention in Outdoor Places (8 CCR 3395) has been in place since 2005. However, in one of the first of its kind standards in the country, California is preparing to adopt a similar Indoor Heat Illness Prevention Regulation. While various revisions to the draft standard have been circulating for the past year, the current draft is likely in its final form. It is also expected that the Cal/OSHA Standards Board will vote on the regulation at its March 2024 meeting and the final regulation will be effective this summer. Since both outdoor and indoor heat illness hazards have been covered by a special emphasis program from Cal/OSHA for several years, the new Indoor Heat Illness Prevention Regulation is expected to continue to be a high enforcement area for Cal/OSHA. Accordingly, now is the time for California employers to familiarize themselves with the regulation and begin to prepare for compliance.Participants in this webinar will learn about:• The requirements of the Indoor Heat Illness Prevention Regulation• Landmines awaiting employers as they move into compliance with the new regulation• Strategies for developing a compliant Indoor Heat Illness Prevention Plan• The intersection between the Indoor and Outdoor Heat Illness Prevention Standards and how to integrate both

Welcome back to another episode of the OSHA Oops! Podcast where your hosts Mike and Rick dive deep into the world of workplace safety regulations. This week, we're unraveling the intricacies of impalement protection under Cal/OSHA requirements. Discover the critical importance of guarding exposed rebar, especially those lurking less than 6ft above the working grade, and learn through a cautionary tale of a company that faced a hefty $6,700 fine for non-compliance. Whether you're in the construction industry or just keen on occupational safety, this episode is packed with invaluable insights, expert commentary, and practical tips to keep your site safe and compliant. Tune in now and ensure you're up to date with the latest in impalement protection standards.Follow us on our social media:YouTube: https://www.youtube.com/c/GotSafetyTwitter: https://twitter.com/GotSafetyInstagram: https://www.instagram.com/realgotsafety/LinkedIn: https://www.linkedin.com/company/54294408/admin/TikTok: https://www.tiktok.com/@realgotsafetyFacebook: https://www.facebook.com/GotSafetyApp

Hey everyone we hope you had a wonderful Thanksgiving and welcome you back to YPS Podcast!

In the third episode of our workplace accident case study podcast series, Shareholder Kevin Bland (Orange County) and Shareholder Karen Tynan (Sacramento) discuss a trial challenging a citation for an employee who experienced a heart attack while standing on a step-up bench. Karen and Kevin review the trial strategy that led to the citation being voided, with a focus on the importance of the language in the Division of Occupational Safety and Health's (Cal/OSHA) Portable Ladder regulations. They also discuss settlement offers and abatement, and touch on trends in other states, including Oregon and Washington.

In the second episode of our workplace accident case study podcast series, shareholders Kevin Bland and Karen Tynan discuss a Cal/OSHA heat illness citation and the reasons an employer may choose to contest a citation at trial. Our speakers, both of whom are members of Ogletree Deakins' Workplace Safety and Health Practice Group, also discuss the impact of a citation on prequalification for other work. Karen and Kevin also review trial issues such as witness preparation, securing training and other documentation, and the impact of employee turnover.

Dive into this illuminating episode as we explore the intricate world of workplace safety regulations, zeroing in on the nuances between federal OSHA and California's Cal/OSHA standards. Whether you're an HR professional, a business owner, or simply keen on understanding the backbone of workplace safety, our deep dive will elucidate the challenges, differences, and strategies for compliance. From the origins of OSHA to the evolving challenges posed by remote work and global events, we've got you covered. Host Contact information:   Roshni Patel, HR Consultant/President of Thrive HR Consulting  roshni@thrivehrc.com (661) 360-6886  Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP dklingenberger@lebeauthelen.com (661) 325-8962  Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company troy@lynncompany.com (661) 301-1247   Disclaimer:  The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter's employer or firm.

In this podcast, Karen Tynan and Kevin Bland, who are leaders in our California Workplace Safety and Health Practice Group, offer a wide-ranging and nuanced discussion of abatement—the act of addressing and curing a hazard identified in a citation. Karen and Kevin offer practical takeaways related to when the duty to abate arises, documentation, and trial considerations, with a focus on the California Division of Occupational Safety and Health's (Cal/OSHA) approach to abatement. They also cover best practices that may help employers avoid missteps that could lead to significant penalties for failure to abate.

In this first edition of our workplace accident case study podcast series, Karen Tynan and Kevin Bland provide lessons from actual incidents and resulting enforcement actions and lawsuits. Kevin and Karen, both of whom are California shareholders and members of Ogletree's Workplace Safety and Health Practice Group, discuss a case in which the California Division of Occupational Safety and Health (Cal/OSHA) investigated a construction employer after a worker was injured in a nail gun accident.

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) review the latest Cal/OSHA (or Division of Occupational Safety and Health) inspection tactics and provide practical pointers for employers that are subjected to an investigation. Karen, who is the West Coast chair of Ogletree's Workplace Safety and Health Practice Group, and Kevin discuss inspection triggers, the timing and scope of inspections, walk-throughs, and document requests. Our speakers also review employers' rights during an inspection, including the right to not disrupt operations, and offer takeaways on real-world scenarios, such as an inspector's requests for reenactments and demonstrations.

Rancho Mesa's Alyssa Burley and Media Communications & Client Services Coordinator Megan Lockhart talk about Cal/OSHA's recent approval of a Silica Emergency Temporary Standard. Show Notes: Subscribe to Rancho Mesa's Newsletter. https://www.dir.ca.gov/oshsb/documents/petition-597-staffeval.pdf Current Respirable Crystalline Silica Standard SafetyOne™ App Director/Host: Alyssa Burley Guest: Megan Lockhart Producer/Editor: Lauren Stumpf Music: "Home" by JHS Pedals, “News Room News” by Spence © Copyright 2023. Rancho Mesa Insurance Services, Inc. All rights reserved.

Welcome to another episode of OSHA Oops! This week, Michael and Rick dive into the shocking case of a company skimping on foot protection while employees navigated around potentially hazardous pallet jacks. Discover the consequences, the importance of proper safety gear, and the lessons that every employer can take away. Don't let safety slip through the cracks; tune in and step up your knowledge with us! Remember, a misstep in safety can be a leap in costs! Follow us on our social media:YouTube: https://www.youtube.com/c/GotSafetyTwitter: https://twitter.com/GotSafetyInstagram: https://www.instagram.com/realgotsafety/LinkedIn: https://www.linkedin.com/company/54294408/admin/TikTok: https://www.tiktok.com/@realgotsafetyFacebook: https://www.facebook.com/GotSafetyApp

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) provide an update on enforcement trends at Cal/OSHA, including the rise in citations for failure to adhere to an Injury and Illness Prevention Program (IIPP). Karen and Kevin also give practical pointers for dealing with requests made during an investigation, from written requests to requests for demonstrations. They also discuss “late appeals” cases and the importance of responding to citations in a timely manner.

In this podcast, Kevin Bland, who is a member of Ogletree's Workplace Safety and Health Practice Group, and Karen Tynan, who is chair of the firm's West Coast OSHA practice, discuss the California Occupational Safety and Health Standards Board's COVID-19 Prevention Non-Emergency Regulation. Kevin and Karen highlight the notable differences between this standard and the emergency temporary standards, including the end of exclusion pay, the “close contact” definition, contact tracing, and reduced directions for face covering. Kevin and Karen also discuss enforcement activity and the push for a general industry aerosol transmissible diseases standard.

In this podcast, Karen Tynan and Kevin Bland walk us through informal conferences and settlement conferences in the Division of Occupational Safety and Health (also known as Cal/OSHA) forum. Our speakers focus on the details of the settlement process, best practices for scheduling conferences and timing deadlines, the information to gather before a conference, how settlements are finalized, when citations and abatements are due, and how notices in lieu of citation operate in settlements.

When it comes to labor and employment, the best thing that you can do is be proactive, says Anthony P. Raimondo, Attorney, and Founder of Raimondo Miller A Law Corporation. Anthony covers the importance of accurate, individualized timekeeping, not just a work schedule. Today, there is software that supports both employers and employees. Right from your tablet or smartphone, you can track clock ins and outs, verify that the employee received their breaks, and even provide telehealth. Anthony provides an update on current union laws, what you need to know whether you use a management company or farm labor contractor, and how growers of any size can stay up to date with recent laws.  Resources: REGISTER: 7/14/2023 Pre-Harvest Safety: Train-the-Trainer Amendments to California Agricultural Bargaining Process Per Governor's Agreement with Unions California Alters Union Process for Agricultural Workers Raimondo Miller A Law Corporation References: Vineyard Team Programs: Juan Nevarez Memorial Scholarship - Donate SIP Certified – Show your care for the people and planet   Sustainable Ag Expo – The premiere winegrowing event of the year Vineyard Team – Become a Member Get More Subscribe wherever you listen so you never miss an episode on the latest science and research with the Sustainable Winegrowing Podcast. Since 1994, Vineyard Team has been your resource for workshops and field demonstrations, research, and events dedicated to the stewardship of our natural resources. Learn more at www.vineyardteam.org.   Transcript Craig Macmillan  0:00  And with us today is Anthony Raimondo, he is an attorney and founder of the law firm of Raimondo and Miller in Fresno, California. And we're going to talk about some legal and regulatory things that are affecting growers all over the nation in the west coast and local states. Thanks for being here, Anthony.   Anthony Raimondo  0:15  Thank you for having me.   Craig Macmillan  0:17  You've been interviewed and have written and have appeared widely and have had a number of interesting insights. And there are a couple of things that I picked up on from looking at when your interview is that I really for me, it spoke to me personally, because I was in the vineyard side of things for a long time. And that's the issue of timekeeping. I'd love to talk a little bit about the kind of exposure legal exposure that a grower might have around timekeeping, which on the surface sounds like a very simple thing and in the field turns out not to be a very simple thing. And also what kind of practices a grower might get into trouble for what some ways growers can protect themselves? What kind of what kind of experience do you have in this topic?   Anthony Raimondo  0:49  It's something that we deal with quite a bit, we deal with both the compliance aspect of things kind of that front end planning of how do we do things to stay out of trouble. But we also deal with the defense side, a lot of the litigation that's going on right now is class action or collective action litigation, where you have one or a couple of workers who stand in for the entire workforce, over a period of years alleging a range of different wage and hour type violations. And a lot of those things really come down to timekeeping.   Craig Macmillan  1:22  Gotcha. Now, what we used to do back in the day was people would show up, and the management would show up, and we had a clipboard with an eight and a half by 11 piece of paper. And we sign people in and check them off. And then we basically looked at our watches and said, Okay, we're starting at 9:05. And then everyone at work, then we check what time we came back for lunch, etc. It seems like that would work perfectly well. But we did have some issues with folks along the lines that that kind of disputed how accurate that was, or those are the kinds of things that get people kind of in trouble kind of backward, or what's the source of some of these complaints?   Anthony Raimondo  1:56  Well, those things have for a long time been in place and have for a long time have been an issue and a lot of it comes down to accuracy. So when you have what we call a daily cruciate, which is very traditional way of keeping a field where like you say, on a clipboard or something similar, we have a list of people's names. And you know, maybe the upper right corner, we have a start time and a stop time and everybody's name gets filled in on that list, with the total number of hours. And if there's piecework what units they produced at, et cetera. Well, way back in time, one of the very first lawsuits I dealt with in my career in agriculture was in a table grape operation, where they had a similar method of timekeeping. But what they actually did is they would cut the bottom off of one of the grape boxes, and the former for the crew would flip that over and draw a grid on the back of it, write, everybody's name on it, and would write the in and out types, as well as grid information and the total hours for each worker. So everybody had the same in and out time, because it was all being kept collectively. And in a deposition of one of those foreman, the plaintiff's attorney asked the foreman, how he prepared these cardboard time records. And he said, Well, you know, we come when the crew arrives, I get there a little bit before the crew and I draw the grid on the back, you know, I write the start time, and I write the stop time. And it was a very big aha moment for the plaintiff's attorney, because, of course, what she honed in on is that he's writing that start and stop time before any of those happen. Right? Because he's writing the start and stop time at the beginning of the day, what he's writing is the schedule of the crew, not the actual events that happen, we really need to have individualized time records, right, because somebody always shows up late, somebody always leaves early, having a crew of 10, 15, 20, 30 people where everybody has the same in and out time, really isn't terribly reliable, because it might generally be so that this is what happened here. There are they work together, they work the same. But as I mentioned, people show up late people leave early, somebody gets sick, somebody gets hurt, these things all happen, where those individual variations are what led to the accuracy of it, and also those records being kept contemporaneously. And what we've seen over the years, this accelerate in recent years, which I'm happy about, is the increasing use of technology as a solution. And I really think one of the most important thing for growers to do is to embrace technology as a solution. And it's not just about the legal compliance aspect of things. Some of the timekeeping solutions they have out there are fantastically advanced now. So, you know, we can have foremen now keeping time on a tablet. We have in some of the types of ag operations I deal with. We have harvesters who have individualized, it's almost like a nametag that they wear where they're in and out time can be kept visually, there's like it's like an electronic pen. They swipe that with the clock people in and clock people out there in and out times for their meal breaks recorded. We have devices where employees can clock in and out individually by cell phones if their smartphones. And by the way, a lot of those can be used for other types of risk management, a lot of the software that's out there now will ask the employee when they clock out at the end of the day, did you have any injuries today? Did you get your meal period today? It's your rest period today. They can be programmed to answer a series of questions that deal with a lot of our risk management issues not only related to things like Wage and Hour liability, but related to workplace safety related to workers compensation, this technology can have a multitude of different benefits, I have one client that I represent, and more started to do this sort of thing, who has even gone to using remote technology, what they really found, like medical triage out in the field. So they have a telemedicine link set up with a monitor out in the field where if a worker is injured, or report some type of illness or injury, they can actually connect remotely to medical providers who can evaluate that injury very quickly. And a lot of times, what they've done is they've reduced their workers comp claims, because they can deal with the small things. First Aid incidents out in the field which aren't reportable to workers comp, rather than the treatment gets delayed, response gets delayed. And then something that could have been dealt with as a first aid accident in the moment now becomes a medical visit down the road, which just creates cost for everybody. So there's a lot of technology out there as an industry need to embrace.   Craig Macmillan  6:21  That's really interesting, because I think that actually is a benefit for both workers and for management.   Anthony Raimondo  6:25  Absolutely.   Craig Macmillan  6:26  If I have confidence that my hours are getting counted accurately, I'm more confident, more secure. If I'm being asked, you know, did these things happen? It does cause me to reflect and say yes or no or whatever. That's it, I think it's really cool. And these are things can be done on a tablet can be done on a phone remotely. Obviously,   Anthony Raimondo  6:41  There's there's a variety of different ways to do this. There are even methods for where there is no internet connection, or there's no cell phone signal. You know, a lot of our folks are in areas where signals are. We've seen for years and years, especially in like the strawberry industry. And some of the other areas of the industry I deal with, they have these, you know, we call them pens, but they're these big data devices. And they will actually save the data on that device. And that can be brought to an office after the is over dropped off the data downloaded. And you can preserve your data, even when you don't have a connection where the tablet or cell phone works. So there's a wide variety of technological solutions available. And I think you're absolutely correct. The best thing about a lot of these solutions is they really are win wins for both the workforce and the employees. You know, it's an it's an interdependence in the industry, the employees need the job and the income, the employer needs the employees to be able to get the work done to produce the product, we can have solutions that work for everybody and benefit everybody.   Craig Macmillan  7:39  That's fantastic. This is new to me. So I'm really glad to hear that this kind of thing is happening. I want to switch gears a little bit here. There's been some changes, I believe in the agricultural Labor Relations Act or the way that it works. Regarding unionization, can you tell us a little bit about that and what the implications might be?   Anthony Raimondo  7:55  Yeah, I'm gonna qualify this because some of it is very much in flux, because there are some regulatory activity going on the agricultural labor relations board in terms of the implementation of the new law. So let me back up and give you what what used to be the case. So you can have context for what the what the changes that has been made, historically, our going back to 1975, when the when the Act was first implemented, what are the things that was going on prior to the ACA was this kind of wild west world of unionization, and there was a big struggle between the United Farm Workers and the teamsters as to who was going to represent workers out in the field, it was very, very contentious. It was one of the things that led to the passage of the agricultural Labor Relations Act, because sometimes that contentiousness even broke out into violence between the competing unions, but what happened was, there was a perception amongst some growers that the teamsters made would be easier for them to deal with or more favorable for them to deal with than the United Farm Workers Union. So a lot of growers that before the law passed would sign contracts with the with the Teamsters, in order to keep the UFW United Farmworkers out. So one of the things that Cesar Chavez actually insisted on when the act was developed was that the only way for a union to gain the right to represent workers in agriculture be through a secret ballot election. In our Federal Labor Law employer believes there has evidence that a majority of their workers want a union, they can simply recognize the union and say, okay, the people want you. Let's sit down and negotiate. Chavez didn't want that because he was afraid that growers would actually voluntarily recognize the union, the teamsters union to cut the UFW out of the equation. So there was this insistence have to have secret ballot elections, because secret ballot elections will actually show truly who the workers want to represent them. So the way the process has worked ever since and is a union has to get a majority of workers to sign what are called authorization cards, which are just little cards that say they want to be represented by the union. They would turn those into the agricultural labor relations With a petition document that answered certain qualifying questions, and if all of the requirements were met for an election, including a majority of workers are expressing a desire to have the union, the agricultural Labor Relations Board would send personnel out to the field, they'd set up a ballot box in a voting booth, you know, much like we would do in an in person election in the political world, and the workers would vote in their secret ballot election, yes or no whether they want a union. Ballots would be counted. And assuming there were no irregularities in the election, that result would be certified. And if the union won that election, they would become the representative of the employees of that employer. What has happened over the years is that the UFW has become extremely ineffective when it comes to organizing farm workers. They simply cannot win elections. And in recent years, they really organizing has been dead, because every time even when they try to organize workers, they either fail, or they end up losing the election. Even if they can get a majority of those cards to get an election, they lose the election. And in the last 10 year, there have been far more elections to actually vote the UFW out from workers who no longer want their representation than there have been elections to vote the UFW . The combination of this pattern. And a few years ago at a large farm in the San Joaquin Valley called Groveland farms. I was involved in this because what happened there was the union and won an election back in the 90s, and had never had a contract there. They kind of went away for a long time, and no one had heard from them. The I want to say 16 ,17 years of no contact between the company, the union, all of a sudden the union pops up and says we still represent these workers, we want to have a contract, the workers found out about it, they didn't want the union. And a group of these workers came to me and I ended up representing these workers for five years on a pro bono basis, we forced an election to be held, the state did not want to count the ballot for those elections, we had to litigate that ultimately, we won that litigation. And 85 plus percent of the workers had voted against the union. And that no, that company remains a non non union. As a reaction to that you now have a law where that was just passed, it took effect January one of this year, that really were for practical purposes removes the secret ballot election from this scenario. Now, there are two alternatives under the law, what they call a labor peace election and a non labor peace election. These aren't really elections, a labor peace election is something that we're probably never going to see because it requires a grower to sign and file a document with the state that says that they will never oppose union representation amongst their workers, growers just simply do that, if that happens, there's a mail ballot process that will happen where the union can gain representation rights to these mail ballots. But I really don't think it's ever going to happen. What really the law is, is now if a union gets a majority of workers to sign something like authorization cards, some document that says, we want the union, instead of that triggering an election to happen, that's now going to lead to a union certification, and the union will gain the right to represent the workers without election. Let me backup. So what we will see happen now is the union representation process. And this is really the meat of this law is where previously a union having worker sign authorization cards or some other similar document, expressing a desire to be represented by the union. Historically, that would mean let's have an election and find out what these workers really want. And by the way, as I mentioned earlier, in a vast majority of circumstances, the union would have an overwhelming majority of those cards. But when presented with a secret ballot, the workers would vote against the Union. But now, those authorization cards alone will be enough for the Union to become certified as the representative of the workers, which will create a duty to bargain by the grower to negotiate a collective bargaining agreement with the union. And it's important for growers to understand, especially in the wine industry, because there's such a prevalent use of vineyard managers and farm labor contractors. When you have a foreign labor contractor, under this law, the farm labor contractor doesn't exist, those employees are attributed to the grower. So it's not like if the union comes in, the grower can get rid of one farm labor contract or hire another one be free of the Union, the union will still be there that attaches to the grower not to a labor contractor. And for these purposes, in a majority of situations, even a vineyard manager would be considered a farm labor contractor. Under the law. There are some circumstances where a vineyard manager can actually stand in the shoes of the grower. But those are really where you have like an absentee landowner and a vineyard manager that has a long term history of managing the particular property such that the vineyard manager really is acting as the grower. But in most circumstances where there are vineyard managers and farm labor contractors, the union obligation will attach to the grower not to that manager not to that contract.   Craig Macmillan  14:59  Interesting. And so the implications for this are that people may organize or be organized. And the, the quality of the decision is a little bit questionable that kind of what the takeaway is?   Anthony Raimondo  15:16  Yeah, I think it's very prone to fraud. It's very prone to deception. I've been doing this for a long time in a lot of different industries. And I've been involved in a lot of different union elections, and employees sign these cards for a lot of different reasons. Sometimes it's because they truly want a union. Other times they don't understand what it is that they're signing. Other times they're pressured into signing, sometimes there is outright fraud. There's a lot of different issues with this. But one of the big issues I think, to keep in mind, which is disturbing about this law, is that if you look at the history of federal labor law, going back to the 1930s, and the National Labor Relations Act, which governs unionization in all industries except agriculture, there's a principle there that underlies union elections. And the idea is that the workers should hear a vigorous debate on both sides of the question of unionization of why they should or why they shouldn't vote for the Union. And then do do when a democracy when we need to make decisions about our collective future, go to a ballot box and vote by secret ballot, where nobody knows what your vote was. And you have that freedom to say yes or no, based on your own choice. Not somebody coming up to you, under some circumstances, that you're not worrying, we can't identify and saying, hey, sign this thing. Like I said, I've seen deception, I've seen coercion, I've seen outright fraud, some number of them may be genuine, but there's just no way of knowing has no way of controlling it. And the workers are not going to hear both sides of the debate before they make that decision. They're going to hear only from the union, they're going to sign these documents. And in many cases, the decision will be made and the issue will be over before the grower or the employer even has a chance to present why they think the workers don't need a union. It's already illegal to threaten workers against unionization, it's illegal to coerce them in any way. But there is fundamentally in the core of labor relations law a right of free speech, where we have until recently viewed it as healthy for workers to hear a vigorous debate and a vigorous campaign on both sides from both the union and from the employer, and then make their decision at the ballot box. That is what's been taken away from workers, which is very, very disturbing to me. And when I represented the workers, at Gerawan Farms, the lady who was kind of the spokesperson for the worker effort made a really great statement actually, in a TV interview that always stuck with me and sticks with me to this day, the UFW charges dues that are 3% of the workers wages. And she looked at the camera TV interview and said, I think I can use that 3% For my children better than the UFW can.   Craig Macmillan  18:02  Yeah, I can see that that's gonna be an interesting situation coming up here in the future. This is kind of a related question. Many employer employee conflicts, I think where the some of this connected to can be resolved around some kind of effective, transparent internal grievance process where you can handle things internally to address people's concerns or whatever the grievances or whatever, in your experience, what does an effective internal grievance process look like?   Anthony Raimondo  18:29  Well, it's something that I think is very important, as you mentioned, for labor relations purposes. And now I'm just talking about the general relationship between an employer and its workforce, there are always going to be issues that arise. And for a healthy business, what you really want is workers to be able to come forward with those concerns, and communicate them where you can respond in a way where you can come to an agreement about what should be done. And it may it doesn't mean you just say yes to everything. But it means that the workers understand that their voice is heard. And if the answer is no, they understand why the answer is no. So what that really means is number one, you need personnel involved who are bilingual, we operate in what is a primarily Spanish speaking industry. So we need folks who who are bilingual who can educate with the workers. This typically is done through an HR department if you have an effective HR department, but they have to be visible to the people out in the field and known to the people so they need to get out of the office, go out and visit with the crews introduce themselves to the crews, to the workers themselves, not just to the foreman and make sure that people know who they are and know them by name, that they have contact information that is out there to the workers so the workers know how to reach them, and that the workers understand the process that operates outside of the normal chain of command and it doesn't have to go through their foreman or through their supervisor because if it goes to the foreman of the supervisor, what happens if the problem for the employee is the foreman or the supervisors?   Craig Macmillan  19:54  Right, right.   Anthony Raimondo  19:57  We have a process that is outside of that immediate chain command that if necessary, can go straight to the top of authority at the company to address problems and get problems solved. I've seen it be successful. I mean, I'll give you a great example is a longtime client of mine, who is a labor contractor has a very active HR department and they are extremely engaged. And one of the attorneys who works for me actually went with one of the HR representatives out to a location where the company was providing the staffing and providing the employees. And when they got out of the out of the car at the location, the employees were all waving to this HR person and greeting her by name, hi, hi, great to see you. Like they all knew her and they were comfortable. And there was this relationship and dialogue back and forth. So that workers would feel comfortable if there was an issue or there was a concern, you know, anything from Hey, our wages are too low, our equipments not safe, we don't have what we need, the forman it is abusing us, our time records are not correct. Anything that it might be, as an employer, you want those things to come to you. Because then you can solve  them. If they don't come to you, they're gonna go somewhere else where there may not be a solution, whether it's a union, a government agency and attorney, but situations where the problem will actually become exacerbated and may not even get solved. Whereas if you have an effective process to understand what's going on on the ground, you can confront those issues and solve those problems before they become bigger problems. When employees have that avenue to communicate and resolve workplace issues internally with the company. It goes a long way. You know, employees go to union because they feel like they don't have a voice in their workplace. And they feel like there are problems that simply cannot get resolved without bringing in that third party. When they feel like they can solve problems internally, they're going to solve that they're going to use that process and they're not going to reach out to that union. They're they're much more resistant to it, because they have to pay for the Union. Why? Why pay a third party, something that you can do for yourself if you feel like you can.   Craig Macmillan  22:05  And possibly have something resolved quickly, effectively and amicably. And I think that's, I think that's absolutely right. I think that human components, huge really, really important. Sometimes we get into our own little boxes, and when the little boxes are not talking to each other when people can actually talk to each other.   Anthony Raimondo  22:21  I think we underestimate the importance of the the relationship aspect of every part of business, including the employer employee relationship.   Craig Macmillan  22:30  Yeah, exactly, exactly. We're getting close to run out of time. But there's one more thing I wanted to ask you, again, you have so much experience in this area. The farming operations vary tremendously in terms of their size, especially when maybe not especially but certainly in the vineyard industry. It seems like it's nearly impossible for a small grower to stay on top and stay compliant with constantly changing and expanding regulatory landscape. They have a lot to do, and they don't have a lot of staff to do it. Given the regulatory burden on a cultural operations. Do you have any advice for small growers and how they can successfully navigate the environment stay on top of these things?   Anthony Raimondo  23:03  I think there's a number of things that people can do. For example, on our website, raimondomiller.com, you can sign up for email, where we put out a lot of information about new laws or new regulations as they come out. And that's completely free. We work I've worked for a long time with the dairy industry where there's a lot of small farms as well as in the wine industry, where we have a lot of smaller employers. And one of the things that we strive to do as a firm is to establish relationships with industry associations, I do a lot of speaking of for different industry associations. And if there's any folks from those kinds of associations listening right now I do those things for free. I've never charged anybody for those things. Were on any topics that anybody wants, we can give updates, we can give other information out one on one and I travel, travel just about anywhere to do that. In a couple of weeks, I will be heading down to Temecula to speak to some wine groups, wine growers down there, which I do, then big event down there called great days, which I do every year. It's a wonderful, wonderful event and a great way to get information out. There are times where we have made relationships with industry associations where they're smaller farmers, where the association will pay our law firm to essentially provide advice consulting input, discounted services to farming operations. You know, we've we've made arrangements with associations where we do things like employee handbooks and other risk management devices on a significantly discounted rate and provide free consultation to their members and those kinds of things can be worked out. I think one of the things that's different about our firm is that we really do strive to be able to work with folks within the industry to make resources and information and advice available to the smallest farmers.   Craig Macmillan  24:48  That is wonderful. Yeah,   Anthony Raimondo  24:50  There's the big guys but the big guys have resources to get what they need, you know, in terms of human resource consulting, in House lawyers, outside law firms. It's really I think the little guys we've got to watch out for in this industry. And most of my career, I've represented family farms and family businesses. And that's kind of the niche that we fit into. If folks are out there, and they're looking for these types of resources, reach out to me. And let's, let's get an introduction with your local association. And let's see if we can work something out where we can provide some time and some resources to making sure that even the smallest members of those associations have access to the information and the resources that they need.   Craig Macmillan  25:29  So there is some support out there, small growers, not in isolation. It sounds like we've got places to go and people to talk to you. And I think it's really great going to the associations, because people will go to those meetings, they're very interested in those topics might draw them to those meetings. So I really appreciate the work that you folks are doing on that kind of wrapping up here. What is what is one thing that you would tell grape growers, just in general, regarding any of these types of issues, HR issues, other labor related things?   Anthony Raimondo  25:57  I think that being proactive is extremely important and understanding what risk management tools are out there for you and what you can do to protect yourself and what is a very difficult and complicated legal and regulatory environment. You know, we started off talking about technology and things like timekeeping, I think stuff like that is really valuable. employee handbooks are really, really important contracts between growers and vineyard managers and labor contractors in writing. You know, a lot of agriculture historically has been done on a handshake basis. And I kind of wish we still lived in that world, but we don't live in that world anymore, need to have written agreements, arbitration agreements for employees are a very powerful risk management tool that we'd love to see folks expand the use of, and it's a very, very inexpensive way to reduce risk. Insurance strategies are really important. There's a lot of great information out there through insurance brokers, for example, most of the insurance brokers that I know in agriculture provide a ton of free help with Cal OSHA compliance. In fact, when when farmers, mostly small farmers call me and they want help with Cal OSHA compliance. Usually, the first place I send them is their insurance broker, because a lot of those guys will do that stuff for free. So understanding what you what you get for free and what it makes sense to pay for it, how much it makes sense to pay for it is a valuable tool. But employee handbooks are important written policies are important training is important. And figuring out how to get those things in a way that is the most cost effective, especially for a small farmer is is really important. And it means not being afraid to reach out and ask questions. And I always take calls from farmers, my cell phone rings, anytime a day. And I'll try to help folks find those kinds of resources. And, you know, I don't want folks to be afraid to call me I'm not going to charge you for a phone call. If you're calling me asking me, How can I get access to some of these resources, I'll try to point you in the right direction, figure out where you can find resources at a cost and with a strategy that works for you. But what I don't want you to do is stick your head in the sand and just be reactive instead of proactive we can in this environment. If we work together. And we reach out, ask for help ask questions. Be proactive.   Craig Macmillan  28:12  That is great advice. And I think we would all be wise to think about that. It's hard to be proactive sometimes. But the benefits are many, many, many, many, many times greater than the downsides that you might think you're going to run into where can people find out more about you? You've already mentioned, your willingness to talk to people.   Anthony Raimondo  28:32  We have a website at WWW. Raimondomiller.com. I'm happy to give out my cell phone number. It's not secret. I'll put it out right here on the air. It's Area code 559-801-2226. Anybody's welcome to give me a call anytime and say, Hey, I heard you on the podcast. I got a couple of questions for you. I'm happy to take those calls. If for some reason you can't reach me, leave me a voicemail. It's rare that I go more than a couple hours without responding to somebody's phone call. I've represented dairy and livestock guys for years. So you know my phone doesn't turn off until they turn the cows off, which is never so never. I'm always happy to talk to farmers and I'm always happy to see what I can do to help. So feel free to give me a call. Feel free to the website.   Craig Macmillan  29:14  We appreciate it very much. So I guess today has been Anthony Raimondo is an attorney and founder of Raimondo Miller law firm in Fresno, California. Anthony Hey, thanks for being here. This is a really great conversation. I'm glad you take the time.   Anthony Raimondo  29:28  Wonderful. Thank you for having me. I really appreciate the opportunity.   Nearly Perfect Transcription by https://otter.ai

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This is the one where Kelli & Dan address the new Cal OSHA initiative requiring an old law for a different industry to be enforced on pool techs.  Take our 2-minute listener survey! Help us to provide you with more of the content you want to hear. Take our quick 2-minute survey! Independent Pool and Spa Service Assoc IPSSA Join the largest trade organization created by and for pool and spa service techs.CMAHC The Council for the Model Aquatic Health Code promotes health & safety at public swimming poolsSupport the show

Adam and Dr. Drew open the show reminiscing on old primate sidekicks performing musicals back in the day which reminds Dr. Drew of some of his all time favorite bits as they take some time to watch 'The History of Man' and 'Mascul-OUT' and finally 'Rest Assured'. They also speak to a caller who wants their thoughts on how organizations like Cal Osha are still sticking to their now confusing Covid policies. They then turn right back to the laughs as they watch more classic Man Show bits. Please Support Our Sponsors: SimpliSafe.com/Adam2 Con-Cret.com/Podcast BlindsGalore.com let them know we sent you