A measure intended to expedite environmental review of existing pesticides failed in Assembly Agriculture Committee. AB 1176 (Williams) would have required additional review for pesticides that may be Toxic air contaminants and had several provisions requiring the Department of Pesticide Regulation to expedite its review process.   The bill could have established a precedence and timeline that would have been difficult to meet with such rigorous scientific review. Because it failed in committee, the bill is "dead" for the session. However, it is unclear whether the author will reintroduce a similar bill this year.

A bill that would have mandated labeling for genetically modified fish failed passage for the second time in a key Assembly Committee. AB 88 (Huffman) failed passage in the Assembly Appropriations Committee on a vote of 7-9. A broad coalition of farm, technology and food entities, led by the California Seed Association and California Grain and Feed Association, were successful in articulating why this bill should be held in committee. Concerns included mandating a "warning" label on a food that has no identified health or allergenic challenges. Additionally, a "California only" label would create havoc for food providers with west wide distribution systems and the bill would have provided poor precedence on labeling requirements for other GMO products.   

The U.S. Supreme Court ruled unanimously in favor of the meat industry this month, ruling the state of California had gone too far in its attempt to regulate non-ambulatory animals moving to slaughter. The high court agreed with the meat processing industry, saying the state of California had crossed into federal regulatory territory in enacting a law stricter than the federal law on so-called "downer" livestock. The state law is now invalid. The industry, in challenging the law, claimed federal preemption; however a California appeals court cited the "good intentions" of the state law. However, the suit brought on behalf of California pork producers was supported by the U.S. Department of Justice. Wayne Pacelle, president of the Humane Society of the U.S. (HSUS), called the decision "deeply troubling."

With the railroads strongly opposing, shippers of all stripes will descend on Washington next week to push for language in the House federal highway reauthorization bill allowing the states to permit rigs weighing up to 97,000 lbs with six axles and additional braking power on federal highways within their borders. The current limit is 80,000 lbs, forcing shippers to run less-than-truckload shipments or use state roads with higher weight limits. The shipper fly-in -- with members of several coalitions combining forces, will be held February 1, just a day before the House Infrastructure & Transportation Committee begins markup of the House package, expected to cost over $500 billion over six years. This week a letter from the American Farm Bureau Federation, the National Cattlemen's Beef Assn., and the nation's largest livestock and poultry groups was sent to Committee Chair Dan Mica (R, FL) and ranking member Nick Rahall (D, WV) supporting the heavy truck language.

What companies are required to post the Form 300 beginning February 1?

If your company had 10 or fewer employees at all times during the last calendar year, your company does not need to keep Cal/OSHA injury and illness records. This exemption also applies if your company's Standard Industrial Classification (SIC) code is included in Table 1 of Appendix A, Section 14300.2, Article 2 of the regulations adopted by California's Division of Labor Statistics and Research, and enforced by Cal/OSHA. However, the federal Occupational Safety and Health Administration (OSHA) or the U.S. Bureau of Labor Statistics may ask you to participate in a random survey to provide records as detailed in the provisions of Section 14300.41 or Section 14300.42.

Form 300: Not Posted

The Form 300 is used to record, or log, all injuries and illnesses, except those that have been determined to be first aid only. Typically, the Form 300 is not posted because there may be employee privacy issues involved.

As an employer, you are not to include the employee's name for specific injuries or illnesses listed in Section 14300.29(b)(7), such as needle sticks, HIV infection, hepatitis, sexual assault and others. In addition, an employee suffering from an injury or illness not listed as a privacy issue may request that his/her name not be entered on the log.

Post Form 300A

Another form, the 300A, must be completed and posted beginning February 1. This form contains a summary of the total number of job-related injuries and illnesses that occurred during the previous year. Employers are required to post only the summary (Form 300A)-not the Form 300 (Log)-from February 1 to April 30.

The summary must list the total number of job-related injuries and illnesses that occurred in the previous year and were logged on the Form 300 (Log). Employment information about the annual average number of employees and total hours worked during the calendar year also is required to assist in calculating incidence rates. Companies with no recordable injuries or illnesses in the previous year must post the summary with zeros on the "total" line. A company executive must certify all establishment summaries.

The form is to be displayed in a common area where notices to employees usually are posted. Employers must make a copy of the summary available to employees who move from worksite to worksite, such as construction workers, and employees who do not report to any fixed establishment on a regular basis.

More Information/Forms

Employers are responsible for providing a safe and healthful workplace for their employees. The role of OSHA is to assure the safety and health of U.S. workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.

A free Log 300 wizard is available at  calchamberstore.com/log300wizard to help a business determine whether it is subject to recordkeeping requirements.

For more information on Form 300 filing and posting requirements, or copies of the OSHA Forms 300, 300A and 301 visit  hrcalifornia.com. 

As of April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act. The notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. Employers also should publish a link to the notice on an internal or external website if other personnel policies or workplace notices are posted there. For further information about the posting, including a detailed discussion of which employers are covered by the NLRA, and what to do if a substantial share of the workplace speaks a language other than English, please visit https://www.nlrb.gov/poster

PLEASE NOTE: The poster is required to be 11 x 17 inches, in color or in black-and-white. When printing to full size, be sure to set your printer output to 11 x 17. Or you may print the two 8.5 x 11 pages and tape them together.

English version

• Employee Rights Under the NLRA poster, two-page 8.5 x 11 version (pdf) 
• Employee Rights Under the NLRA poster, 11 x 17 version (pdf) 

Spanish version

• Spanish language poster - two-page, 8.5 x 11 version (pdf) 
•  Spanish language poster - 11 x 17 version (pdf)  

The Administration is reviewing some 300,000 deportation cases on an individual basis and looks to grant temporary leniency to some illegal immigrants, an expansion of a program announced last summer by President Obama. The GOP has denounced the move as "back door amnesty" because it would allow illegal aliens with family in the US or who are enrolled in school or the military, similar provisions to the failed Dream Act from last year. Supporters say the program only provides a temporary reprieve and does not permit illegal immigrants to work.  

Sen. Charles Schumer (D, NY) has, however, asked the Administration to allow temporary work visas during the one-year holding status based on individual cases. Immigration reform advocates want the work permits granted on a generalized basis to all whose deportation status is in limbo. Schumer won't support the broader work permitting, calling that action amnesty. Immigration & Customs Enforcement (ICE) says it can only deport about 400,000 illegal immigrants a year and the new program will allow it to focus resources on those who have committed serious crimes. The program currently operates in Denver and Baltimore where over 1,600 deportation cases out of a pending 12,000 were closed. The pilot is being considered for national application, resulting in a close-out of an estimated 40,000 cases.

Arlington, Va., January 24, 2012 - AFIA announced a new third-party facility certification program designed specifically for manufacturing pet food and pet food ingredients. The Pet Food Manufacturing Facility Certification Program (PFMFCP) and the Pet Food Ingredient Facility Certification Program (PFIFCP) were developed by AFIA's pet food and quality committees with input from third-party food safety experts.

These two programs build upon AFIA's domestic Safe Feed/Safe Food program, and are designed to monitor the process controls specifically related to the manufacturing of pet food.

"AFIA sees this as a model program for the entire pet food industry," according to Joel G. Newman, AFIA's president and CEO. "I commend the pet food committee for developing this program to help 'raise the bar' for their own industry."

The PFMF and PFIF certification programs were designed to meet and in some parts exceed the requirements of the Food Safety Modernization Act regulations. AFIA is seeking FDA recognition of these programs and is encouraged that FDA may use these programs in their risk assessment of the industry for inspection priorities.

"In 2004 AFIA launched the first third-party feed facility certification program, Safe Feed/Safe Food program, addressing the needs of the feed industry. And then in 2010 the International Safe Feed/Safe Food program was added to provide a tool for companies that wish to meet the EU requirements. Now today, adding the Pet Food Facility program to the family of third-party certification program makes sense not only for our members, but for the pet food industry," stated Newman.

For additional information on any of the third-party certification programs, please visit  www.safefeedsafefood.org.

Any farmer or rancher who believes he/she was negatively impacted by the bankruptcy of MF Global, the eighth largest bankruptcy in U.S. history, has to file all necessary claim paperwork by January 31, 2012, according to reports. Funds are now being distributed by trustees to clients and customers. Sen. John Tester (D, MT) urged his farmers not to wait until the last minute, and is also calling for a hearing in the Senate Banking Committee on the MF Global case.

Rural voters heard little new in the President's State of the Union speech delivered January 24, with President Obama once again talking about rural communities in the context of biofuel feedstock production and places in need of broadband access. He did not address EPA proposed and pending regulations that are a serious source of concern in the country, nor did he reference the Department of Labor's pending rule on "child labor."   Industry sources indicated they were not surprised. One of the few sectors praising the President was the ethanol industry; President Obama said the word "energy" 23 times throughout the speech, according to an Agri-Pulse count.

Following up on the President's State of the Union messages this week, Secretary of Agriculture Tom Vilsack did not rule out more retirements and greater retrenchment of existing USDA programs. In a call with reporters on how the President's State of the Union messages would affect rural communities, Vilsack would not rule out "greater restructuring" of USDA, including higher-than-expected retirements, and consolidation of programs above and beyond what was announced last week. USDA's "Blue Print for Stronger Service," which can be found on USDA's website (www.usda.gov), includes 69 recommendations for greater program and agency efficiencies in both the short and long terms. The Secretary also said the National Agricultural Statistics Service (NASS) is in for some restructuring, indicating announcements would be coming soon.