It’s that time again….the Cal/OSHA 300A Summary, which lists the total number of job-related illnesses and injuries that occurred during 2017, must be posted from February 1st – April 30th, 2018.   Form 300A should be displayed in a common area where notices to employees are usually posted.  The summary must include the total number of job-related injuries and illnesses that occurred in 2017 and were logged on your Cal/OSHA Form 300, Log of Work-Related Injuries and Illnesses. To assist in calculating incidence rates, information about the annual average number of employees and total hours worked during the calendar year is also required. If no injuries or illnesses occurred in 2017, you must enter “zero” on the total line. The form must be signed and certified by a company executive. Visit our website for Recordkeeping Forms or contact our office.
Click for Cal Osha Form 300A (Annual Summary of Work-Related Injuries and Illnesses)

The California Air Resources Board (CARB) held a workshop in Fresno today to discuss the allocation of $135 million dedicated to reduce emissions from agricultural equipment including trucks, tractors, harvesters and pump engines.  $85 million will come from the Greenhouse Gas Reduction Fund (GGRF) as per the Cap & Trade legislation passed this past year, $15 million will come from the Air Quality Improvement Fund (AQIF) and $35 million from the Alternative and Renewable Fuel and Vehicle Technology Funds.  80% of the funds will be directed to the San Joaquin Valley due to their air quality concerns.  At the workshop, Association President/CEO Roger Isom commented “this is the single biggest funding allocation to help the agricultural industry, ever!  We need to make this process easy and get it in place as quickly as possible.  The San Joaquin Valley is staring down the barrel of a mandatory farm equipment replacement rule, and this funding is the only way to assist farmers!”  The funding proposal goes before the board in March.  The Association has been a leader on this issue and played a critical role in getting this unprecedented funding as part of the Cap & Trade discussion.

You are invited to a VIP Town Hall Meeting with the United States Secretary of Agriculture Sonny Perdue. The meeting will take place on Tuesday, February 13, 2018 at 10:30 a.m. in the Heritage Complex Banquet Hall (4500 S. Laspina Street, Tulare, CA). Seating is limited. Please RSVP to info@farmshow.org. For more information about this event please call 559-688-1030.
Click here for event flyer.

 By: The Saqui Law Group

In 2017, the topic of sexual harassment in the workplace not only dominated the news networks and everyday conversation, but it has also created a domino effect of sexual harassment and sexual abuse complaints against high profile men in politics, the media, and entertainment. With increasing frequency, men and especially women, are sharing their experiences of alleged sexual harassment and assault. In October of 2017, a flood of complaints against producer Harvey Weinstein quickly resulted in his ouster from the Weinstein Company, a company he founded and ran until he was removed by its Board of Directors.

The Weinstein scandal has reignited and elevated discussions of sexual harassment in the workplace to an extent not seen in decades. It is shining a spotlight on the prevalence of harassment in the workplace, particularly by those in positions of power who use that power to take advantage of others. Although individual abusers have been the chief target of complaints, those companies that are seen as having allowed the abuse to occur, or having acted to protect the alleged harassers at the expense of alleged victims, also find themselves in increasingly hot water. In these times, it is more important than ever that employers go above and beyond to fulfill their legal obligations by having sexual harassment policies in place, conducting sexual harassment training with employees, and taking necessary steps to prevent sexual harassment. Sexual harassment comes in many forms and varying degrees, and as the current trend demonstrates, a long-simmering environment of sexual harassment can erupt suddenly.

This year, it will be more important than ever for employers to consider their sexual harassment policies and reflect whether they can effectively prevent a sexual harassment claim from occurring. While employers cannot eliminate the possibility of employees occasionally acting inappropriately, there are reasonable steps an employer can take to prevent unlawful harassment, including having proper policies describing and prohibiting sexual harassment, notifying employees of their right to make complaints, ensuring employees know that complaints will be promptly investigated and remedial action taken, and that complaining employees will not be subject to retaliation. It is extremely likely this trend will trickle down to employers all over the country, and the courts will see an uptick in sexual harassment claims. Employers need to be prepared and ensure they are minimizing the risk of a harassment claim and in the event a claim comes forward, the employer needs to be prepared to handle the complaint seriously and thoroughly.

Enforce a Zero-Tolerance Harassment Policy for All Levels

A zero-tolerance harassment policy will discourage harassing conduct in the first place and will help protect employers against claims that the employer has fostered or tolerated an unprofessional workplace culture in which sexual behavior is common. Having a strict zero-tolerance harassment policy means an employer prohibits all forms of harassment and that any confirmed harassment will result in appropriate remedial action, making no exceptions for the degree of the alleged harassment or the alleged harasser’s position within the company. All employees, both management and rank-and-file, should be provided with a copy of the zero-tolerance harassment policy. Additionally, employers should strongly consider providing training on the policy to all employees, not just supervisors. Further, complaints of harassment should be treated equally, no matter who brings forth the claim and who the complaint is made against.  Discounting certain complaints because of who is making them, or who they are being brought against, is likely to lead to mistakes being made and legal action against the employer. Having a zero tolerance policy in place and enforced is the best tool in the employer’s belt for dealing with problems associated with sexual and other forms of harassment.

Provide a Multichannel Complaint Procedure and Assure Employees that They Will Not Be Subject to Retaliation for Making or Participating in a Harassment Complaint

A key part of preventing sexual harassment in the workplace is ensuring that employees know they can and should come forward to identify harassing behavior and that they understand that they will not be retaliated against for doing so. In shocking numbers, the United States Equal Employment Opportunity Commission (“EEOC”), a federal agency that administers and enforces civil rights laws against workplace discrimination, estimates that three out of four people who encounter sexual harassment do not report the incident either out of fear they will be retaliated against or that no one will believe them.[1] Therefore, it is critical that employers have an anti-retaliation policy in place so that employees feel comfortable reporting harassment in the workplace. Employees need to be aware that making a harassment complaint or participating in an investigation will not result in any form of retaliation.

One key component of maintaining an effective sexual harassment policy is making sure that you have an open door policy about reporting sexual harassment. In the past, many employers who encouraged the reporting of harassment made the mistake of requiring employees to first report complaints to their direct supervisors before going to Human Resources or another member of management. The problem, of course, is that it is oftentimes the employee’s direct supervisor who an alleged victim contends is guilty of engaging in harassing behavior. In such a situation, it makes sense that the employee choose to remain silent rather than tip off the alleged harassing supervisor. Instead, employers should have a multichannel complaint procedure that provides employees with at least two separate avenues for making harassment complaints. Employees should be able to bring a complaint to various members of management or HR and not just one specific individual.

An employer’s complaint policy should also clearly indicate the steps that will be taken in response to an employee bringing forth a harassment complaint. This will create a system for employers to follow in response to a complaint being made and weed out any confusion the employee may have as to how the complaint will be investigated. The investigation should be prompt, followed by remedial action if harassment is found to have occurred.

U.S. Legislator’s Response to the Weinstein Scandal

A bipartisan group of lawmakers in both the United States Senate and House of Representatives have introduced legislation that would ban pre-dispute arbitration agreements of sexual misconduct claims. The bipartisan bills would allow those who allege sexual harassment or gender discrimination in the workplace to take their claims to court rather than forced arbitration.

Farmworker’s Response to the Weinstein Scandal

In solidarity with the women and men of Hollywood who came forward with their experiences of sexual harassment, 700,000 female farmworkers have written a letter of solidarity stating they stand with actors against sexual assault. The letter is written on behalf of female farmworkers by Alianza Nacional de Campesinas, an organization comprised of current farmworker women, along with women who hail from farmworker families. Although Hollywood may have reignited the discussion of sexual harassment in the workplace, it is now affecting other industries, including agriculture.

New Sexual Harassment Laws in California Effective 1/1/2018

Governor Jerry Brown signed two new bills effective January 1, 2018, that employers should be aware of that are related to sexual harassment, SB 396 and SB 295.

Under SB 396, employers with 50 or more employees will be required to modify mandatory sexual harassment training to include discussion of gender identity, gender expression, and sexual orientation. Additionally, employers will be required to post an amended poster on discrimination developed by the Department of Fair Employment and Housing regarding transgender rights in a prominent and accessible location in the workplace. Copies of the amended poster in multiple languages are available online at the Department of Fair Employment and Housing’s website.

Under SB 295, Farm Labor Contractors (“FLC”) will be required to follow additional compliance requirements in sexual harassment prevention and reporting training as a part of the California FLC licensing process. FLCs will be required by law to provide sexual harassment training for agricultural employees in the language understood by those agricultural employees. Additionally, FLCs will have to provide the Labor Commissioner with the number of agricultural employees trained and a complete list of materials used to provide the sexual harassment training. If the FLC fails to adhere to the new law, the Labor Commissioner is authorized to issue citations and assess civil penalties of $100 for each violation relating to failure to comply with the training requirement.

Under SB 179, California is the first state to legally recognize non-binary as a gender. This allows individuals to update their gender on their birth certificate, driver’s licenses, and identity cards without undergoing clinical treatment or getting a court order. In turn, employers may see employee requests of using particular pronouns and the employers should not willfully violate the employee’s wish to be called a different pronoun. Failure to recognize an employee’s preferred pronoun could result in a lawsuit.

[1] Feldblum, Chai and Lipnic, Victoria. U.S. Equal Employment Opportunity Commission Select Task Force on the Study of Harassment in the Workplace, June 2016.

The California Cotton Ginners and Growers Association (CCGGA) will be holding our first ever Irrigation & Nitrogen Management Plan Grower Self-Certification training event at the Monterey Plaza Hotel on February 22nd, 2018. This training is being held in coordination with CCGGA’s Annual Meeting, also being held at the Monterey Plaza Hotel February 22nd-23rd. This training is open to growers of all commodities, and is aimed at assisting growers in being able to self-certify Irrigation & Nitrogen Management Plans. These plans are submitted to 3rd Party Coalitions, and ultimately to the Regional Water Quality Control Board. The State Water Board is including a requirement for these types of plans to be certified by either a licensed CCA, or by growers who have achieved certification through a Grower Self-Certification course. Click below for more information.

http://bit.ly/2mzJvfp

This is just a reminder that the 2017/2018 CCGGA Director Election closes this Friday, January 19^th for the election of 2 directors to your Association’s Board of Directors.  These are grower positions for Kings County.  There are 3 duly nominated and certified candidates that have filed the required Candidates Statement Form indicating their willingness and desire to serve if elected.  The two receiving the most votes as certified by your Elections Committee will be elected to the two (2) – 3 year term directorships up for election.  In the case of ties, a run-off election will be held at the 2018 Annual Meeting to take place in Monterey, California on February 23^rd, 2018.  Should a run-off be necessary, a proxy process will be available and all members will be notified accordingly.  Please take time to vote and please do not vote for more than 2 of the 3 candidates on the ballot.  Deadline for return of your official original ballot to the Association’s office will be Friday, January 19^th, 2018.  Thank you for your participation in this important process.

The California Cotton Ginners and Growers Association is looking forward to hosting the 2018 Annual Meeting at the Monterey Plaza from February 21-23. The cutoff for hotel reservations and meeting registration is just under a month away!
This year’s meeting will surely be a good time with a fully packed agenda. Attendees can look forward to the historic favorites including a Wednesday evening welcome reception, the Annual CCGGA Golf Tournament on Thursday at the Quail Lodge & Golf Club, Thursday evening dinner with comedic entertainment as well as an informative session during the Friday Business meeting. New this year, CCGGA is offering a Nitrogen Management Plan Self Certification course Thursday morning for growers or other interested parties to participate in. The Annual Business meeting on Friday will include both a ginner’s and a grower’s track delving into the issues of pest pressures of the past year and how we address the 2018 crop, classing office activities, updates from our gin labs, as well as speakers from National Cotton Ginners Association, National Cotton Council along with an issues update from our staff.

Please fill out the below forms and submit to our offices no later than Friday, February 9^th. You can pay for your registration online and download forms at //ccgga.org/membership/ccgga-annual-meeting/.

Hotel reservations MUST be made by February 1^st to ensure the Association’s special rate. Reservations can be made by calling (800) 334-3999 and you must identify yourself with the group name “CA Cotton Ginners & Growers Association” by the cutoff date above.

If you have any questions please contact our offices at (559) 252-0684

Member Registration Forms

Associate Member Registration Forms

Tentative CCGGA Annual Meeting Agenda

Wednesday, February 21, 2018
5:00 pm                Welcome Reception – Lower Terrace

Thursday, February 22, 2018
8:00 am Nitrogen Management Plan Self Certification Workshop – Carmel Room
8:30 am CCGGA Golf Tournament – Quail Lodge and Golf Club, Carmel Valley
6:00 pm                Reception – Lower Terrace
7:00 pm                Dinner – Monterey Bay Room
8:00 pm                Entertainment: Comedian Adam Ferrara – Monterey Bay Room

Friday, February 23, 2018
Business Meeting Agenda
8:00 am Welcome/Introductions – Phil Hansen, Chairman, CCGGA
8:05 am CCGA Financial Report – Janell Attebury, Baker Peterson Franklin
8:15 am National Cotton Council Update – Mike Brueggemann, National Cotton Council
8:35 am Supima Update – Earl P. Williams, Supima
8:55 am Cotton Inc. Update – Christi Chadwell, Cotton Inc.
9:15 am BREAKOUTS

10:15 am              **BREAK**
10:35 am              Sacramento Update – George Soares, Kahn, Soares & Conway
10:55 am              Regulatory and Legislative Issues Update
                             Roger Isom, President/CEO, CCGGA
                            Christopher McGlothlin, Director of Technical Services, CCGGA
                            Jodi Raley, Director of Regulatory Affairs, CCGGA
11:55 am              Closing Remarks – Phil Hansen, Chairman, CCGGA

The FDA announced that it intends to exercise enforcement discretion for certain provisions in four of the rules that implement the FDA Food Safety Modernization Act (FSMA).  This means that during the enforcement discretion period, the agency does not intend to enforce these provisions as they currently apply to certain entities or activities.

The enforcement discretion announced today pertains to specific provisions in the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food rule (PC Human Food), Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals rule (PC Animal Food), Foreign Supplier Verification Programs rule (FSVP), and Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption rule (Produce Safety) and how they apply to:

• facilities that would be farms except for certain factors and activities; such as the ownership criteria and/or facilities that are solely engaged in the ginning of cotton.
• written assurances provisions in all four rules related to the control of identified hazards or microorganisms that are a potential risk to public health
• the animal food preventive controls requirements for certain manufacturing/processing activities performed on human food by-products used as animal food, and
• FSVP requirements for importers of food contact substances.

In general, the FDA is exercising enforcement discretion to allow time to consider changes or other approaches to address concerns regarding the application of these provisions to certain activities or entities.  FDA had previously extended the compliance dates for many of the provisions covered by this enforcement discretion guidance (see August 2016 compliance date extension) but is now exercising enforcement discretion.

The enforcement discretion will be given until FDA can complete rule-making related to the farm definition. 

This announcement aligns with the concern CCGGA has voiced to FDA on the use of ownership in the definition of a farm and the necessity to define all cotton gins as a farm and exempt from the Preventative Controls for Animal Food. CCGGA will continue to work with the FDA to find the appropriate solution. We will keep you updated!

By: Rebecca Hause-Schultz

As 2017 quickly draws to a close, it is important for employers to review new laws that will be implemented January 1, 2018, and ensure their company is in compliance.
Starting in 2018, as a result of Senate Bill 396, employers must display a poster about transgender rights in the workplace, available here in English, and here in Spanish. The poster is required to be posted in a prominent and accessible location in the workplace. If ten (10) percent or more of a company’s workforce speaks a language other than English, the DFEH posters must also be displayed in that language.
You can brush up on the other bills that will become effective January 1, including the “Ban the Box” bill and the prohibition on salary inquiries here.

COUNSEL TO MANAGEMENT:
It is important to get your company in compliance with these new laws sooner rather than later. As employers know, the employment-law landscape in California is constantly changing—be on the lookout for more e-Blasts in 2018! The Saqui Law Group wishes you a happy and safe new year!