FW: Gempler's ALERT News Update

[Guest guest]

I thought some of you might be interested in this news. It resonates with

Tina Castanares' recent discussion at the Western Migrant Stream regarding

the logic of tracking movement of farmworkers across employment categories,

e.g. into meatpacking, construction, etc. The common element is the high

level of hazard and it is good to see that OSHA is taking some action.

Regards,

Lighthall Ph.D.

Executive Director

California Institute for Rural Studies

221 G Street, Suite 204

, CA 95616

Tel: (530)756-6555

Fax: (530)756-7429

dlighthall@...

www.cirsinc.org

-----Original Message-----

From: Barb Mulhern [mailto:bmulhern@...]

Sent: Friday, February 01, 2002 2:00 PM

Lighthall

Subject: Gempler's ALERT News Update

This Gempler's ALERT News Update, an update on " breaking " news of importance

to

ag/hort employers, is provided as a complimentary service to interested

subscribers

of Gempler's ALERT, the newsletter of Ag/Hort safety and employment law

compliance.

OSHA TARGETS WORKPLACES WITH NON-ENGLISH SPEAKING WORKERS.

Ag/hort employers, take note: OSHA recently announced that it will increase

its

enforcement focus on industries where non-English speaking workers face high

safety

and health risks. At the same time, the federal agency said that in fiscal

year 2002

it will do more inspections - targeting workplaces with the highest injury

and

illness rates. In two recent cases, a Colorado dairy operation is facing

$174,000 in

proposed OSHA penalties for numerous alleged violations, including the

failure to

protect employees working in confined spaces. And a longtime Massachusetts

food

company - charged by a worker advocacy group with unsafe conditions for

workers -

was ordered to pay $16,500 in OSHA penalties and correct a number of safety

and

health violations. Our upcoming March 2002 issue of ALERT will include more

details,

as well as an article entitled “Important tips on staying out of trouble

with OSHA,”

based on a recent presentation by ALERT staff at the Professional Grounds

Management

Society's Annual Conference in Tampa, Florida.

HOW TO CHOOSE AN OCCUPATIONAL HEALTH PROVIDER.

How do you successfully choose a health care provider for work-related

employee

injuries? A commitment to the safe, early return to work and a willingness

to openly

communicate with both the employer and the injured employee are key, says

Dr. Steve

Kirkhorn, an ALERT Editorial Board member and medical director of

Occupational

Health Services at the Immanuel-St. ph's-Mayo Health System in Mankato,

Minnesota. “There are issues with company doctors who will do what the

employer

wants, even if it isn't indicated medically, and lose the confidence of the

employee

being treated,” he says. “The other extreme is not any better when the

doctor does

whatever the employee wants and hinders return to work.” (See the March 2001

issue

of ALERT for more information, including a series of suggested questions to

ask a

prospective health care provider.)

BE CONSISTENT WHEN DISCIPLINING YOUR EMPLOYEES.

How do you go about disciplining your employees? Do you immediately lash out

at them

when they do something wrong, or do you take a deep breath, think about the

nature

of the infraction, and make sure that any disciplinary actions are

documented,

consistent across the board, and in accordance with your written policies? A

key to

reducing your chances of a lawsuit based on disciplinary action - or

successfully

defending such a claim if you are sued - is to ensure that your workers know

exactly

what is expected of them, Attorney of McGuiness, Norris &

in Washington, D.C. says. Written documentation, she adds, is also extremely

important. “As you know, an employee may decide that he or she is being held

to a

standard to which no one else is,” says. “That disgruntled employee

will

march into an attorney's office with only his or her side of the story. If

the

grower has objective proof - time sheets, witness statements, etc. - it will

carry a

lot of weight in defeating a claim or preventing one from being filed in the

first

place.” (See the March 2002 issue of ALERT for more information.)

BREAKING DOWN BARRIERS WITH YOUR HISPANIC/LATINO WORKERS.

How do ag/hort managers break down cultural barriers with their

Hispanic/Latino

employees? While the answer isn't simple, it can be done - and involves a

commitment

not only to workplace issues but also to your Hispanic/Latino workers'

families and

community, says Wes Jamison, a professor at Worcester Polytechnic Institute.

Jamison, who has done extensive research on Latino poultry workers, efforts

to

unionize them, and how poultry managers can circumvent those efforts, has a

number

of suggestions applicable to other ag/hort managers as well. Among them are:

forging

relationships with religious organizations that are able to provide

counseling

services, and appointing Latino supervisors who understand the cultural

attributes

of their workers and can approach them at their level. (See the March 2002

issue of

ALERT for more information.)

NEW LABOR LAW COMPLIANCE GUIDE FOR AG/HORT EMPLOYERS.

If you are being pursued by government regulators, farmworker advocacy

groups,

unions or others for non-compliance with federal employment laws - or, if

you want

to reduce your risk of such pursuit - it's critical that you understand

exactly how

ag/hort employers are affected by laws and regulations governing such issues

as OSHA

compliance, the interaction between INS and SSA, wage-hour law, EPA's Worker

Protection Standard, and antidiscrimination/harassment laws. A new resource

entitled

“Labor Law Compliance: A Working Guide for Ag/Hort Employers,” produced by

GEMPLER'S, Inc. with the assistance of attorneys from Fisher & LLP,

a

nationwide employment law firm, includes information on how ag/hort

employers are

specifically affected by these laws, as well as Spanish and English

checklists and

numerous compliance tips. For more information on this new 134-page guide,

click

here:

http://www.gemplers.com/scripts/link.asp?prodid=10481 & src=AEMAILFEB02

(Please note: Order now and receive FREE Shipping when you use the link from

this

E-mail.)

Barb Mulhern, Editor, Gempler's ALERT

<mailto:bmulhern@...>

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Please E-mail me if you would prefer not to receive these Gempler's ALERT

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updates.

This E-mail was sent to: dlighthall@...

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