Processors Monthly, October


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Processors Monthly, October

  1. 1. weeks, so be on the lookout for our exciting new look and functionality! Western Agricultural Processors Association 1785 N. Fine Avenue Fresno, CA 93727 PRESORTED STANDARD US POSTAGE PAID FRESNO, CA PERMIT NO. 2201 SAFETY ADVISORY First Aid/CPR certification without hands-on practice has become a problematic issue in recent years. WAPA has administered quite a few First Aid/CPR certification courses this year and has come across a few employees who have been “certified” without any hands-on practice. A few of these courses, according to the employees, only took a couple hours to complete or were done online. This is problematic for two reasons. First, these certifications are not recognized by any national training programs in the United States. Second, it is not in compliance with the law. OSHA Standard 1910.266 App B states that, “First-aid and CPR training shall be con- ducted using the conventional methods of training such as lecture, demonstration, practical exercise and exami- nation (both written and practical). The length of training must be sufficient to assure that trainees understand the concepts of first aid and can demonstrate their ability to perform the various procedures.” WAPA’s pro- gram, which is designed by MEDIC First Aid, on average consists of at least 6.5 hours of lectures, demonstra- tions, and practice. The main topics covered by this program are First Aid and CPR for Adults, which highlights protection against bloodborne pathogens. Other emphases include Sudden Illnesses, Injuries, and a basic un- derstanding of the use of an Automated External Defibrillator (AED). A recertification class for those previously certified through MEDIC First Aid averages 4 hours. We ask that you be aware of this current issue and be sure to use reputable First Aid/CPR certification providers. Some of these reputable programs that offer valid First Aid/CPR certification courses include: the American Heart Association, American Red Cross, American Safety & Health Institute (ASHI), National Safety Council, and MEDIC First Aid –a member of the American Health Insti- tute. ASHI and MEDIC First Aid have issued a public service announcement for this continuing issue; for more information please visit the following link. Should you need First Aid/CPR training for your employees, please contact Irma Ramirez at our office at (559) 455-9272. Newsletter Sponsored by: Processes Unlimited International, Inc.
  2. 2. Association Hosts Water Board Member The Association in cooperation with the Westside Coalition, recently hosted Board Member Carmen Ramirez of the Central Valley Regional Water Quality Control Board for an educational tour in the Los Banos Area. The tour consisted of a visit to a diversified farm- ing operation’s farming practices. We also took Ms. Ramirez on a tour of the San Luis Ca- nal Co. facilities and where she received an overview of the water quality programs from water conservation specialist Alejandro Pao- lini. David Cory of the Westside Coalition al- so gave Ms. Ramirez an overview of the Coali- tion and its efforts to address water quali- ty. Ms. Ramirez was one of the few members that had shown interest in a farm visit, but had yet found the time to do so. She is a Merced native and an attorney for the Law Offices of Fagalde, Albertoni, & Flores. DIR Warns Business on Entity Called “Labor Compliance Office” The California Department of Industrial Rela- tions (DIR) is warning businesses of demands for payment from the “Labor Compliance Office”. This entity is sending notices to busi- nesses seeking payment of a “processing” of $275 for labor-related postings. “This group is not authorized by the State of California to issue citations or charge fees on our behalf” said DIR Director Christine Baker. Labor Com- missioner Julie Su reminds employers that the Department of Labor Standards Enforcement (DLSE) investigators who visit businesses to ensure compliance with labor laws will never request payment during an inspection. Most required labor posting can be downloaded for free from the agency website. Please contact WAPA if you have such an inquiry before mak- ing any payments. WAPA PAC Co-Sponsors Fundraising Event for Senator Anthony Cannella The Western Agricultural Processors Associa- tion’s PAC was a co-sponsor of a fundraiser for Senator Anthony Cannella in Los Banos on September 18th in Los Banos. Senator Cannel- la represents the 12th Senate District which undergoes significant changes after this up- coming election due to re-districting. The new 12th Senate District will pick up all of western Fresno County from essentially Highway 41 west. Senator Cannella has been a critical ally in his first few years. This year, Senator Can- nella co-authored SB 11 and AB 8, two pieces Newsletter of the Western Agricultural Processors Association Processors MonthlyOctober 2013 Volume 5, Issue 10 Industry Calendar December 17 Board of Directors Mtg— Fresno WAPA Staff Roger A. Isom President / CEO Casey D. Creamer Vice President Aimee Brooks Director of Regulatory Affairs Elda Brueggemann Director of Environmental & Safety Services Irma Ramirez Safety Assistant Shana Colby Administrative Assistant WAPA Office 1785 N. Fine Avenue Fresno, CA 93727 P: (559) 455-9272 F: (559) 251-4471 Welcome New Regular Members! Primex Setton Pistachio of Terra Bella, Inc. Sutter Foods Bhatti Dryer
  3. 3. of legislation that would continue the extremely im- portant Carl Moyer and AB 923 incentive funding pro- grams that are currently funding the replacement of trac- tors and loaders in the San Joaquin Valley. WAPA was a major player in these two bills, as many of our members have taken advantage of these critical incentive programs to upgrade their tractors and loaders! AB 8 is currently sitting on the Governor’s Desk awaiting his signature. 2013 Legislative Summary Report – Part 1 The California State Legislature has now adjourned the first year of the 2013-2014 Legislative Session. Below is a summary of the bills that WAPA was tracking or involved in, but that did not reach the Governor’s desk.  AB 69 (Perea): Groundwater: drinking water: Nitrate at Risk Fund Summary: Would charge a fee on fertilizers to fund the Ni- trate at Risk Fund, which would be used for loans or grants to water systems in high-nitrate-at-risk areas. This bill is in the second house (Senate) and will be eligible for a policy hearing in January.  AB 145 (Perea): State Water Resources Control Board: drinking water Summary: Would transfer the duties and responsibilities of the California Safe Drinking Water Act to the State Water Re- sources Control Board. This bill remains in the Senate Appro- priations Committee on the Suspense File.  AB 976 (Atkins): Coastal resources: California Coastal Act of 1976: enforcement: penalties Summary: Would allow the California Coastal Commission to impose fines on any person who violates the Coastal Act. This bill was defeated twice on the Assembly Floor on a 36-32 vote and a 34-30 vote. WAPA opposed.  AB 1330 (Perez): Environmental Justice Summary: Would establish a list of environmental justice com- munities by identifying the top 15% of communities in the state that are disproportionately impacted by environmental hazards. This bill was moved to the Senate Inactive File. In January, it will be eligible for removal from the Inactive File and a Senate Floor vote, pending any committee hearings. It will also require an Assembly concurrence vote. WAPA op- posed.  SB 11 (Pavley): Alternative fuel and vehicle technologies: funding programs Summary: Would extend the sunset on programs at the Cali- fornia Air Resources Board, including the Carl Moyer program. This bill never received a concurrence vote in the Senate. The identical bill, AB 8, awaits the Governor’s signature, which he has indicated he will sign. WAPA supported this legislation.  SB 25 (Steinberg): Agricultural labor relations: contract dispute resolution Summary: Would require mandatory mediation during collec- tive bargaining negotiations at any point during a collective bargaining agreement, provided the labor organization de- clared it had made itself available to meet and bargain. This bill was moved to the Senate Inactive File prior to a concur- rence vote. The bill will be eligible for removal from the Inac- tive File in January, when it can immediately receive a concur- rence vote and head to the Governor. WAPA opposes.  SB 42 (Wolk): Safe Drinking Water, Water Quality, and Flood Protection Act of 2014 Summary: Would repeal the water bond currently submitted for the November 4, 2014 statewide general election. Would instead place a $6.475 billion water bond on the ballot for the same election. This bill is a result of the Assembly Water Work- ing Group and remains in the Assembly where it awaits a poli- cy committee hearing. The Legislature has until June to make changes to the November 2014 ballot measures, so work on this bill will likely resume during the interim and in January when the Legislature returns. WAPA is closely monitoring this legislation.  SB 691 (Hancock): Non-vehicular air pollution control: penalties Summary: Would increase the penalties tenfold for violations to Title V of the Clean Air Act where the discharge results in a severe disruption to the community, the discharge contains or includes one or more toxic air contaminants, and 100 or more people are exposed to the discharge. This bill was moved to the Assembly Inactive File prior to receiving an Assembly Floor vote. The bill will be eligible for an Assembly vote in January and, if it passes, will need to return to the Senate for a concur- rence vote. WAPA opposes this bill. We will provide you another update in November sum- marizing the actions taken by the Governor on the bills Processors Monthly—Page 2
  4. 4. sent to him in the last two weeks of the Session. Please do not hesitate to contact us if you have any questions about the bills listed above or any others. WAPA President Isom Testifies at Important Air Pollu- tion Hearing WAPA President/CEO Roger Isom testified on two im- portant items at a recent Governing Board Meeting of the San Joaquin Valley Air Pollution Control District. The first item was the Governing Board’s consideration of the 1 Hour Ozone Attainment Plan. Even though the 1-hour ozone standard has been revoked, it is still in play for the San Joaquin Valley until it meets the standard. This also means that the San Joaquin Valley is paying a $29 million penalty for being in nonattainment. Achieving attain- ment of the 1-hour ozone standard would alleviate that penalty, but would not alleviate the continuing burden of further regulations, as there is a new 8-hour ozone stand- ard which is much more stringent. WAPA testified in sup- port of the attainment plan, which did not contain any further control measures beyond what has already been adopted or scheduled for adoption. This was in opposi- tion to environmentalists who called for more actions and further regulations. WAPA’s President Isom also testified on the impact of the update of the Health Risk Assessment Guidelines by the Office of Health Hazard Assessment (OEHHA). These changes would increase the perceived risk of air emis- sions in California, and could have a major impact on the permitting of sources within California. The proposed revisions would increase risk by 2.3 times in the San Joaquin Valley and as much as 3 times in other areas of the state (SJVAPCD already uses more stringent assump- tions in their risk assessments). Every permit project has a risk assessment conducted on it, and this could truly be Processors Monthly—Page 3 an issue on fumigation permitting in the San Joaquin Val- ley. These risk assessments assume that a person is breathing the maximum emissions 24 hours per day, 7 days per week for 70 years. WAPA opposes the changes and expressed serious concerns at the meeting, citing al- ready overly conservative assumptions in the risk assess- ments that are performed on these projects. The pro- posed changes are supposed to be released by OEHHA sometime later this year or in early 2014. WAPA will be actively opposing the changes, which could result in some tree nut facilities not being able to be permitted at the necessary fumigation rates! PREC Meeting Update: At DPR’s recent Pesticide Registration and Evaluation Committee (PREC) Meeting, several changes to the Air Monitoring Network (AMN) were again discussed. These discussed changes included moving the location of the AMN monitors or sampling more frequently. But most concerning of the proposed changes, were discus- sions about changing the pesticides monitored. Discus- sion ensued about possibly including Sulfuryl Fluoride in the AMN, due to DPR’s assessment of its use, volatility, and toxicity. In addition to changes for the AMN, alterna- tive air monitoring studies in lieu of the AMN were briefly discussed. DPR stated that the AMN is so resource and cost intensive, other alternatives had been set aside. Those alternatives included air monitoring studies of MITC and Chloropicrin. A Senior Environmental Research Scientist spoke to these two alternatives briefly and de- cided to send more information regarding these projects out for PREC members to review before the next sched- uled meeting on November 15, 2013. WAPA will continue to track any changes with DPR’s air monitoring studies and will be involved in DPR’s decision making process ei- ther regarding the 2014 AMN or the two alternatives studies that were briefly discussed. LOOK! For our NEW LOOK! WAPA’s website,, will be updated soon! The update will include a more user friendly interface, RSS feeds for the latest in industry news, and many other important changes. The changes are likely to occur within the next 3-4