By Anthony P. Raimondo

Cal/OSHA is investigating the death of an Ontario dairy worker who was crushed to death on June 15, 2013 while moving cows into a feeding area. The employee was crushed between a gate and fence by the cows in the early morning hours, and died from severe internal injuries.
Cal/OSHA officials have reported that the dairy is cooperating, and has a clean safety record.  The dairy continues to operate as the investigation continues. Workplace fatalities usually involve a civil investigation that can result in a citation and fine being issued to the employer, as well as a criminal investigation that is required by law.  Although criminal prosecutions in workplace accidents are rare, they do occur from time to time.  Prosecution would be rare in a case such as this, where there is a clean safety record and no indication that the employer failed to take necessary safety precautions.

All employers are required to provide a safe workplace, and all dairies should have documented training covering safety precautions when working with livestock that teaches workers to protect themselves from the dangers that can exist at dairy farms.

Other safety training for dairy farms should include heat illness prevention and equipment specific training in the safe operation of equipment used on the dairy.  Most workers’ compensation carriers have safety resources and templates available for their customers, and are a good resource for workplace safety issues.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Anthony Raimondo at McCormick Barstow LLP in Fresno, at (559)433-1300

Posted June 18, 2013

Western United Dairymen has published its first Environmental Report Card detailing the various environmental issues which WUD is working on for its members. The topics include the innovative groundwater monitoring program; the elimination of duplicate discharge permits; the nitrogen use tracking feature of the Irrigated Land Program; reducing the impact of water quality regulatory costs and WUD’s involvement in the drafting of the proposed ag tractor quality rules. The publication is being mailed to California dairy families and is also available to download from the WUD website by clicking here.

June 18, 2013

Typically it wouldn’t be especially noteworthy that six Tulare and Kern County farmers finished harvesting their silage crops last week, even if it is a little later than usual. However, the actions of these six farmers, with help from conservationists at USDA’s Natural Resources Conservation Service (NRCS) and Audubon California, have resulted in saving more than 65,000 rare Tricolored Blackbirds.

The species is now federally listed as a Bird of Conservation Concern, a California state Species of Special Concern, and also protected under the provisions of the Migratory Bird Treaty Act.

"Western United Dairymen members have once again partnered with NRCS and Audubon California to protect the Tricolored Blackbird,” said Paul Sousa, Environmental Director for Western United Dairymen. “This shows our members' commitment to a sustainable ecosystem on and around their farms.  This voluntary program benefits all parties as conservation is achieved in a way that allows farms to continue to be productive."

(Photo courtesy of Cathy Henry)

Over 40 percent of Tricolored Blackbirds choose to nest in Central Valley silage fields that resemble the marshland the birds traditionally inhabited. “You never know for sure where the birds will decide to nest in a given year,” say Jesse Bahm and Keiller Kyle, a team of biologists with NRCS and Audubon respectively. “Tricolored blackbirds are colonial nesters and when they choose a nesting area it can mean everything to the success of thousands of birds—but some headaches to the farmers who find themselves playing host to the colonies.”

Farmers with Tricolored Blackbirds can help the birds by delaying their harvesting until the young can fly away. However this also delays the summer planting, can disrupt the equipment and labor schedules the farmers have negotiated in advance, and also results in a loss of quality to the silage fields hosting the birds.

NRCS and Audubon work with the farmers to minimize disruptions to farming operations and NRCS offers payments through the Environmental Quality Incentives Program (EQIP), to compensate farmers for the resulting drop in the quality of the grain. This year the farmers who hosted the six colonies of Tricolored Blackbirds saved more than 65,000 birds—about one fifth of the species’ entire global population. One Tulare farm had more than 30,000 Tricolored birds. The birds all successfully fledged by the end of May.

The conservation organizations are working toward a long-term plan that would eventually provide alternative nesting sites to the Tricolored Blackbirds that would be preferable to the farmers’ fields.

The National Milk Producers Federation (NMPF) announced today that Chief Operating Officer Jim Mulhern will take over as President & Chief Executive Officer on January 1, 2014. Mulhern has been appointed by the NMPF Board of Directors to fill the position held by Jerry Kozak since 1997. Earlier this year, Kozak had informed the Board of his desire to retire on December 31, 2013. “We are very excited to have such a knowledgeable and capable leader at the head of our team in the coming years. The importance of experience cannot be underestimated in a complex industry like ours,” said NMPF Chairman Randy Mooney, a dairy producer from Rogersville, MO. “Jim’s impressive and extensive track record working on dairy issues made him the ideal choice to be the next President and CEO of NMPF.” (more) June 12, 2013 NMPF press release