WORKPLACE SAFETY FOR DAIRY PRODUCERS

1. WORKPLACE SAFETY FOR DAIRY PRODUCERS Anthony P. Raimondo, Esq. Raimondo & Associates (559) 432-3000 (office) (559) 801-2226 (cell) apr@raimondoassociates.com

2. Disclaimer The following presentation contains general information and is provided as a courtesy to our clients and friends. It should not be relied upon in any particular factual situation without consulting your legal counsel for specific advice.

3. CAL/OSHA AG • Who is Cal/OSHA? • Agriculture Safety and Health Inspection Projects (ASHIP) • Agricultural Hazards • Cal/OSHA Consultation Assistance

4. CAL/OSHA UNITS • Standard Board Unit • Compliance Unit • Appeals Board Unit • Consultation Unit

5. Cal/OSHA Consultation Service • Free Confidential Assistance • Separate From Cal/OSHA Compliance • Free publications • Statewide Locations Call1-800-963-9424 • www.dir.ca.gov

6. CAL/OSHA CONSULTATION ASSISTANCE

7. WHAT TRIGGERS A CAL/OSHA INSPECTION ? • Complaints • Discretionary - Targeted - Drive-by • Accidents

8. EMPLOYER CITATION DEFENSE FOR AN EMPLOYEE INDEPENDENT ACT EMPLOYERS MUST PROVE THE FOLLOWING ELEMENTS: Employee was experienced in the job Employer has a good IIPP, including training Employer has a disciplinary action program Employer effectively enforces the IIPP Employee knowingly violated a safety rule

9. CAL/OSHA MOST CITED AGRICULTURAL STANDARDS • Riderless self propelled equipment--------Section 3441 • Machine Guarding (PTO)---------------------Section 3440 • Hazard Substance Communication--------Section 5194 • Lockout/Blockout-------------------------------Section 3314 • Air Tank Permit----------------------------------Section 461 • Forklifts & Ag Tractors-------------------------Section 3664 & 3653 • Injury & Illness Prevention Program (IIPP)------Section 3203 • First-aid Kits & Training--------------------------------Section 3439 • Reporting Work Fatalities & Injuries---------------Section 342 • Field Sanitation--------------------------------------------Section 3457

10. AGRICULTURAL SAFETY & HEALTH INSPECTION PROJECT (ASHIP) • Increase Cal/OSHA enforcement • Reduce the number of Ag hazards, injuries & fatalities • Providing consultative assistance • Educating farm workers & employers • Multi-Agency approach

11. ASHIP - Agricultural Hazard Focus • Machinery hazards, e.g, tractors, including riderless • Lack of IIPP, including training • Hand cuts & skin conditions • Heat stress • Musculoskeletal hazards [back injuries-ergonomics) • Health related, e.g., pesticides • Lack of field sanitation

12. DAIRY OSHA PRIORITIES Manure Storage Facilities and Collection Structure Fatal or serious drowning hazards where farm vehicles are operated near waste storage facilities without control measures to prevent accidental entry of machinery or restrict the accidental passage of vehicles and personnel into areas of manure disposal, as well as concerns regarding exposure or inhalation of manure gases by employees. Animal Handling Techniques/Worker Positioning The agency has focused on crush hazards when employees interact with dairy bulls or cows and employees are not trained on animal handling techniques, as well as work in areas where the employee could be caught between the animal and a fixed or moving structure (e.g. gates, crowd gates).

13. DAIRY OSHA PRIORITIES Electrical Systems Electrocution and electrical shock hazards from direct contact with improperly installed improperly maintained or damaged electrical systems on equipment were a concern, as well as shocks from or from indirect contact with overhead or buried power lines with farm equipment (e.g. tractors, portable augers, ladders, irrigation pipes). Skid-Steer Loader Operation Employees were not properly trained on operating, servicing or maintaining skid-steer loaders and failure by employees to use appropriate safety features, such as lift arm supports devices, seat belts, control interlock systems led to accidents and injuries.

14. DAIRY OSHA PRIORITIES Tractor Operation Employers are required to provide tractors with rollover protection (ROPS) and seatbelts to be worn by employees and employees must be trained annually regarding how to properly operate, service or maintain tractors. Guarding of Power Take-Offs Regulations require proper guarding for power take-off shafts (PTO) and other related components of farm field (forage harvesters, etc.) and farmstead equipment (material handling such as augers, conveyors). Guarding of Other Power Transmission and Functional Components Employers are required to provide proper guarding of power transmission components on farm field and farmstead equipment, and to train employees to protect themselves from hazards.

15. DAIRY OSHA PRIORITIES Hazardous Energy Control (Lockout/Blockout/Tagout) Hazardous energy control procedures are mandatory while performing servicing and maintenance on equipment. Employer must provide a means to prevent one person from starting a piece of equipment while another person is performing maintenance or servicing, most typically a lock. Hazard Communication The law requires a written program by employer, inventory of chemicals, material safety data sheets (MSDS), training of employees and evaluation of personal protective equipment (PPE). Confined Spaces (e.g. grain storage bins, vertical silos, hoppers, milk vessels or tanks, manure collection systems) Employers must have a written program that includes an assessment of the confined spaces and hazard present including atmospheric, engulfment and caught-in hazards; and addresses safe entry procedures and rescue requirements.

16. DAIRY OSHA PRIORITIES Horizontal Bunker Silos Employers should assess engulfment or struck-by hazards when employees perform facing activities, and evaluate fall hazards to determine control measures from on top of silage for purposes of placing or removing protective plastic covering and anchoring system. Noise The federal agency expects employers to do an analysis of hearing loss hazards when working around or operating agricultural equipment. Hay Bale Pile Safety Training and protocols for stacking, inspection, and safety from falling bales.

17. AG TRACTOR SAFETY • Properly trained • Seatbelts must be worn if provided w/ROPS • PTO shafts & drivelines must be guarded • Fenders provided or 64” between tires • Warning signs posted near PTO & guard doors • Guard gears, belts & pulleys

18. IIP Program • Responsible Person • Compliance • Communication • Inspections • Accident Investigation • Correction of Hazards • Training & Instructions • Records

19. SKIN CONDITIONS & INJURIES Proper training - Tool use - Sanitation PPE use Immediate first-aid

20. MUSCULOSKELETALHAZARDS • Using short handled tools • Prolonged stooping & bending

21. HEAT STRESS • Proper training for employees and supervisors • High Heat Procedures • Frequent breaks • Plentiful water supply • Appropriate clothing • Access to shade

22. DRINKING WATER IN THE FIELD • Potable, cool & readily available. • In clean fountains or dispensers. Dispensers using single use cups. • One quart per employee per hour for drinking during the shift. • Implement and maintain effective replenishment procedures. • Locate as close as practicable to where employees are working • Remind employees to drink water

23. Access to Shade • Shade shall be present when the temperature exceeds 80 degrees Fahrenheit. • Employer’s should monitor weather temperature to know when the temperature will probably exceed 80 degrees. For example: Foreman should have a thermometer to check temperature. • Employers are expected to know if the temperature is in fact exceeding 80 degrees at the worksite. • The amount of shade present shall be at least enough to accommodate the number of employees on the shift at any time recovery or rest periods, so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other

24. Cool-down rest period • Employees shall be allowed and encouraged to take a preventative cool-down rest in the shade when they feel the need to do so to protect themselves from over heating. • An individual employee who takes a preventative cool-down rest • shall be monitored and asked if he or she is experiencing symptoms of heat illness; • shall be encouraged to remain in the hade; and • shall not be ordered back to work until any signs or symptoms of heat illness have abated, but in no event less than 5 minutes in addition to the time needed to access the shade. • If an employee exhibits signs or reports symptoms of heat illness while taking a preventative cool-down rest or during a preventative cool-down rest period, the employer shall provide appropriate first aid or emergency response.

25. High Heat Procedures Cont. • When temperatures reach 95 degrees or above, the employer shall ensure that the employee takes a minimum ten minute net preventative cool down rest period every two hours. • The preventative cool down rest period required by this paragraph may be provided concurrently with any other meal or rest period required by Industrial Welfare Commission Order No. 14 (8 CCR 11140) if the timing of the preventative cool down rest period coincides with a required meal or rest period thus resulting in no additional preventative cool down-rest period required.

26. High Heat Procedures • The employer shall implement high-heat procedures when the temperature equals or exceeds 90 degrees. • Observing employees for alertness and signs or symptoms of heat illness. The employer shall ensure effective employee observation/ monitoring by implementing one or more of the following: • Supervisor or designee observation of 20 or fewer employees, or • Mandatory buddy system, or • Regular communication with sole employee such as by radio or cellular phone, or • Other effective means of observation. • Designating one or more employees on each worksite as authorized to call for emergency medical services, and allowing other employees to call for emergency services when no designated employee is available. • Remind employees throughout the work shift to drink plenty of water. • Pre -shift meetings to remind supervisors of high heat procedures

27. High Heat Procedures cont. • Ensuring that effective communication is maintained so that employees at the work site can contact a supervisor or emergency medical services when necessary. • If a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee, the supervisor shall take immediate action commensurate with the severity of the illness. • If the signs or symptoms are indicators of severe heat illness (such as, but not limited to, decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior or convulsions), the employer must implement emergency response procedures. • An employee exhibiting signs or symptoms of heat illness shall be monitored and shall not be left alone or sent home without being offered onsite first aid and/or being provided with emergency medical services in accordance with the employer’s procedures.

28. WATER & SANITATION IN THE FIELD HANDWASHING • Potable water w/clean facilities • Located near toilets • Plenty of soap & single use towels • A sign posted that “water is for hand washing only” TOILETS • One per 20 employees of each sex • Clean & good working order • Plenty of toilet paper w/holder • Accessible (1/4 mile or 5 min., whichever is shorter) • Maintenance records must be kept for 2 yrs.

29. TOP 5 CAUSES FOR FATALITIES IN CA AG1993-1997 Motor Vehicles Accidents 47% Crushed, Struck or Caught 23% by Object Slips & Falls 16% Electrocution 12% Drowning 2%

30. MOVING MOTOR VEHICLES USED IN AG • Trucks (pickups, dump, semi) • Cars • Tractors & Self-propelled Implements • Industrial Trucks (forklifts & squeeze trucks) • All-terrain Vehicles (ATVs) • Golf Carts • Buses & Vans

31. MOVING MOTOR VEHICLE SAFETY • Stay at the controls while in motion • Obey all traffic laws & safety rules • Only properly trained workers may operate farm equipment • Only licensed drivers may operate cars & trucks on highway • Use seat belts where required • Avoid narrow roads, loose gravel, bumps & potholes • Avoid bad weather • Do not allow others to ride without a seat

32. CAUGHT BY OR STRUCK BY MOVING OBJECTS Includes: • Moving equipment or vehicles and/or parts there-in • Falling or moving objects (i.e. bales, bags, pipes, cans) • Farm animals (i.e. horses, cows and bulls) • Tools (i.e. saws, shovels, hammers, pruning shears & buckets)

33. CAUGHT BY OR STRUCK BY MOVING OBJECTS THESE ACCIDENTS CAN BE PREVENTED BY: • Constant awareness of surroundings • Keeping guards in place • Proper tool use • Proper stacking & securement of materials • Locking out equipment before servicing & repairing • Training workers how to safety handle animals • Wearing proper PPE when needed

34. SLIPS & FALLS THESE ACCIDENTS CAN BE PREVENTED BY: • Avoiding running & not jumping across canals • Not jumping off of vehicles or equipment • Keeping farm equipment surfaces clean of mud • Being aware of the surroundings (watch for mud, holes, uneven terrain, etc.) • Keep floors reasonably free of water, mud and manure • Providing proper guardrails where needed

35. Recordkeeping and Reporting • 11 or more employees must post an annual summary of job related injuries and illnesses from February 1 through April 30 where other employment related posters are posted. • If as many as 11 employees (including temporary, seasonal, or part time employees) at any time during the year, then they must post the annual summary. • Cal/OSHA has created forms for the recordkeeping logs and the annual summary. • While only the summary must be posted, employees have a right to review the detailed record upon request. • Record any work related illnesses or injuries that involve lost time from work, restrictions from full work activities, or medical treatment beyond first aid. • Serious injuries or illnesses must be reported to Cal/OSHA by telephone within eight hours, no matter what time of day or night. There is an automatic $5,000 fine for failing to report a serious injury or illness. • Employers with questions about recordkeeping requirements or who need the Cal/OSHA forms can get more info at www.californiaosha.info.

36. Does it feel like you’re being squeezed?

37. It won’t happen overnight.