OSHA Cracks the Whip Yet Again

Last year the Occupational Safety and Health Administration (“OSHA”) announced an initiative to crack down on employers that cover up workplace hazards by failing to disclose many of their on-the-job injuries. OSHA has displayed a commitment to this initiative given its recent activities.

This past week OSHA said it is pursuing approximately $150,000 in fines against Pilgrim’s Pride Corp., one of the nation’s largest chicken producers, for 29 health and safety violations. Pilgrims Pride is cited with two repeat safety violations for failing to use lockout/tagout procedures and not labeling containers with the appropriate hazard warning. The employer is also being cited with 24 serious safety and health violations associated with falls; unmarked fire exits; unsecured chlorine cylinders; unsafe batteries that exposed workers to acid burns and electrical shock; lack of machine guarding; lack of hand protection and electrical deficiencies. In addition, three other-than-serious citations with a $3,000 proposed penalty are being issued to the company for improper completion of the OSHA 300 logs.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's workforce by setting and enforcing standards, and providing training, education and assistance. Although at times these regulations may seems impractical and overly burdensome, it is essential that all employers be are aware of OSHA’s regulations and maintain compliance throughout all aspects of their operations.

One Bad Egg Spoils the Whole Ag Basket

A agricultural PR catastrophe is brewing in the United States as a result of two Iowa farms that together recalled more than half a billion (yes, half a billion) potentially tainted eggs during the month of August. Both of the Iowa farms are linked to “one bad egg,” Austin DeCoster. DeCoster is no stranger to controversy in his farm operations, as is evidenced by the following numerous health, safety, and employment violations over the past several years:

• In 1997, DeCoster agreed to pay $2 million in fines to settle citations brought in 1996 for health and safety violations. The Department of Labor stated the conditions were “as dangerous and oppressive as any sweatshop.”
• In 2000, Iowa classified DeCoster as a “habitual violator” of environmental regulations for problems that included hog manure runoff into waterways.
• In 2002, the federal Equal Employment Opportunity Commission announced a more than $1.5 million settlement of an employment discrimination lawsuit against DeCoster on behalf of Mexican women who reported they were subjected to sexual harassment, including rape, abuse, and retaliation by some supervisors.
• In 2007, 51 workers were arrested during an immigration raid at 6 DeCoster farms.
• In June 2010, DeCoster agreed to pay penalties over animal cruelty allegations that were spurred by a hidden-camera investigation by an animal welfare organization.

Bad eggs, such as DeCoster, devastate a thriving agricultural industry wherein 99% of the industry take pride in giving back to communities, providing safe places to work and healthy incomes, protecting the environment, providing safe and healthy food sources, and adhering to federal, state, and local laws and regulations. Sham on you Mr. DeCoster for tarnishing the ag industry.

So Long for Now....

On Thursday, July 22, Senate Democrats waved good-bye to the proposed overreaching climate legislation. Democrats pledge that they are merely pushing the legislation off the table for an uncertain period of time. However, the fact is, as admitted by the Democratic Senate Majority Leader, the Democrats do not have enough votes to pass the bill that attempts to cap greenhouse gases. Rather, the Democrats will move forward next week on a bipartisan energy bill that responds to the Gulf of Mexico oil spill and contains other more popular energy items.

With a midterm election looming, President Obama must focus on more glamorous topics such as restoring the impact of the oil spill. Topics that will win him votes and strengthen his popularity, which is dwindling.

For now, I am grateful that the Republicans have stuck to their beliefs and that President Obama is a leader who only pursues topics that are sexy for the newspapers and magazines. Politics as usual.

HSUS still wins in Ohio

The Human Society of the United States (HSUS), which lacks any type of affiliation to the human societies located in numerous cities throughout the United States, will not put an initiative on the November ballot abolishing the confinement of various types of livestock. In the past several months, HSUS has expended extraordinary amounts of money and monstrous amounts of time seeking to obtain more than 500,000 Ohio signatures to put an initiative on the ballot as a referendum this upcoming November.

On July 1, 2010, the state of Ohio and HSUS reached an agreement. The terms of the agreement provide for:
• A ban on veal crates by 2017;
• A ban on new gestation crates after December 31, 2010. Existing facilities are grandfathered, but must cease use of these crates within 15 years;
• A moratorium on permits for new battery cage confinement facilities for laying hens;
• A ban on strangulation of farm animals and mandatory humane euthanasia methods for sick or injured animals; and
• A ban on the transport of downer cows for slaughter.

While on the surface, this may seem like a successful battle against HSUS. Each of these five provisions were, in one form or another, part of the HSUS initiative. The only thing that Ohio gets in return is that HSUS will not pursue a ballot initiative this fall seeking to institute those restrictions through a constitutional amendment.

HSUS will continue to engage in its sleazy tactics. By painting a picture that it is “reasonable” by entering into this Agreement, HSUS only continues to distort the picture. HSUS is incredibly talented at painting an inaccurate and deceptive picture about modern agriculture practices. Rather than telling the facts, HSUS interrogates those people who are third and fourth generation farmers who are working day and night attempting to preserve their family farms through engaging in modern agricultural practices. HSUS will stop for no one. Let’s just hope they don’t seek out another Big 10 state.

Don't Leave Dollars on the Table: Weather Recovery Programs for Nebraska producers, farmers, ranchers, and landowners.

As a lifelong Nebraska resident, I have learned that Nebraska is a place of extremes. We have twenty below temperatures in the winter and one hundred degree temperatures in the summer; we love the Big 10 and we hate the Big 12; we have rolling sandhills and we have flat plains; we worship Bo Pelini and we despise Bill Callahan.

The year of 2010 has only confirmed the extreme nature of our state. This past year brought devastating blizzards and killer floods. As a result of these harsh weather conditions the USDA Farm Service Agency is offering a number of emergency programs that should be considered by farmers, ranchers and landowners. These programs include, but are not limited to, the following:

Emergency Livestock Assistance Program. This program is applicable to flood victims that have met risk management crop insurance requirements or obtained NAP coverage. The program will cover losses of purchased or mechanically harvested feedstuffs or forage intended for eligible livestock that was destroyed in the flood. The program will also cover grazing losses for up to 90 days.

Livestock Indemnity Program. This program is applicable to eligible livestock owners that lost livestock due to flooding. This program pays producers 75% of the value for the livestock losses that exceed normal mortality.

Emergency Conservation Program. This program provides assistance to producers to rehabilitate farmland and conservation facilities damaged by flooding, tornadoes, and other acts of god, whether the damage is of such magnitude that it would be too costly for the producer to rehabilitate without federal assistance. Eligible practices include debris removal, grading, shaping, releveling, restoring permanent fends, restoring conservation structures, and field windbreaks.

Noninsured Crop Disaster Assistance Program. This program is eligible to farmers whose crops are damaged through hail, excessive moisture, excessive wind, flood or any combination of these losses. The program was designed to reduce financial losses that occur when natural disasters cause a catastrophic loss of production or prevented planting of an eligible crop by providing coverage equivalent to Catastrophic Crop Insurance.

If you have additional questions about any of these programs, I encourage you to contact your local FSA Office. Please be aware that there are numerous filing restrictions imposed. If the government is offering these benefits, a person should not leave dollars on the table especially during difficult economic times such as these.

Batter Up: Is the US ready to hit a home run?

It is time for the United States to step up to the plate and ratify a free-trade agreement with South Korea. If the United States fails to act quickly, South Korea will simply go elsewhere and our livestock industry will be severely damaged.

South Korea has established itself as a trustworthy partner for US agricultural trade. For example, South Korea purchased over 130,000 tons of pork in 2009 and ranked 5th among US agricultural export customers in 2009. South Korean officials say that these figures will drop if Congress fails to ratify the trade agreement.

The US/South Korea free-trade agreement has languished in Congress since the two governments completed negotiations in 2007. U.S. Senator Chuck Grassley has labeled this trade agreement as a “litmus test” for support of free trade. It appears that the Obama administration is waiting on the legislation because it is bundled in the trade battles over automobiles. Why anyone can’t look outside the box and untangle these industries is past the understanding of this farm girl.

The expansion of the US export market is the key to the success of the agricultural industry. If we fail to act now, we will put the US out in left field with only a few straw balls to be caught.

Another Legal Victory for the Employees

The U.S. Department of Labor and Tyson Foods, Inc. recently reached a settlement agreement that provides the poultry industry (along with other agricultural industries) with guidance about how workers are to be paid.

The Department of Labor filed a lawsuit against Tyson alleging that Tyson was violating federal law by not paying their workers overtime for putting on and taking off sanitary and protective gear before and after their shifts. Tyson denied any wrongdoing.

In hopes of avoiding further litigation, Tyson has agreed to provide 8 or 12 minutes of extra pay per shift to certain hourly processing line workers. Moreover, by December 2012, Tyson has agreed that it will allow all employees to clock in before they put on certain gear and clock out after taking if off.

The question remains - what type of activities are compensable under the Fair Labor Standards Act? Based on this recent settlement, it appears that the federal government will continue on its mission to squeeze every dollar out of a corporation.