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What to Expect from OSHA Inspections

Libby Eiholzer, Bilingual Dairy
Northwest New York Dairy, Livestock & Field Crops

June 6, 2014

What to Expect from OSHA Inspections

The Occupational Safety and Health Administration (OSHA) is a division of the United States Department of Labor and exists to ?assure safe and healthful workplaces by setting and enforcing standards and by providing training, outreach, education and assistance? (www.osha.gov). OSHA jurisdiction excludes businesses that employ fewer than 10 employees as well as family farm workers (farm owners and their immediate family members). Is your farm exempt? (Keep in mind that the 10 employee minimum refers to a farm that has employed 10 or more individuals over the past 12 months, though not necessarily at the same time. Therefore, small farms with high employee turnover may in fact be included).

Why are we talking about it? Two pretty convincing reasons. One, there have been some changes to the Hazard Communication Standard (formerly called the Right to Know law) which requires agricultural employers to keep workers informed about the identities and hazards of chemicals in the workplace. The new Hazard Classification system will provide specific criteria for classifying health and physical hazards, labels will be changed to make them easier to understand, and Material Data Sheets will be renamed Safety Data Sheets and will have a new specific format. Two, OSHA officials have notified several individuals in the dairy industry in New York State that they are planning to focus their inspections on dairy farms in the coming years.

What can be expected from an OSHA inspection? By law, OSHA cannot give advanced notice of an inspection. They will show up at the farm and expect to carry out the inspection with no more than an hour?s delay. The owner does have the right to request a warrant before OSHA carries out the inspection, which could possibly delay the process by a few days. Advice given in a webinar which is now available on Farm Credit East?s website (see below) was to always be polite to inspectors, and even if you?re planning to request a warrant, take the time to ask as many questions of the inspectors as you can. They may have limited dairy farm knowledge, so getting to know them before the inspection starts will help you to know how to talk to them and how much dairy jargon you can use.

Start with the Hazard Communication Standard. Reviewing the HCS is the best place to start in bringing your farm into compliance with OSHA regulations. This is the area in which farms have generally received the most citations during OSHA inspections. Farms must inform employees of any chemical hazards in the workplace and provide written protocols and trainings on how to deal with these chemicals. Once you meet the HCS, then it is time to prioritize what else needs to be done on your farm in order to come into compliance, which might include making changes to manure storage facilities, adding guarding to machinery or providing animal handling training to employees.

Here are a few good resources to help you make sure your farm is in compliance with OSHA regulations:
? Farm Credit East hosted a webinar in August 2013 entitled ?OSHA Compliance: What Farm Businesses Need to Know!? https://www.farmcrediteast.com/en/Webinars/2013OSHAwebinar.aspx
? The New York Center for Agricultural Medicine and Health (NYCAMH) offers free on-farm safety trainings in English and Spanish. http://www.nycamh.com/programs/farmsafetytrainings/



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calendar of events

Upcoming Events

Beginning Farmer/Hobby Farmer Workshop $5/pp, class size is limited, so pre-register by April 15th!

April 27, 2019
9:00 am - 1:00 pm
Canandaigua, NY

This hands-on workshop is for beginning or part-time farmers who would like to improve their farm machinery skills, learn to properly and safely maintain their equipment to protect their investment. If you have been thinking about buying a tractor, new or used, two-wheel or four-wheel drive, compact or utility or more come join us. Topics include: selecting the right size/type tractor for the job; basic maintenance; staying safe around tractors and equipment; attaching implements properly; and information about ROPS and SMV's. There will be time for questions.

Pre-registration requested by April 15, 2019 email Amy with your name, address, and phone number or call 585-394-3977 x 429.
Fee: $5.00/person. Class size is limited.

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2019 Pastured Poultry Seminar, lunch included so please register by May 10th! $25/person

May 18, 2019
Registration begins at 8:00 a.m.w/ coffee & donuts with the Program running from 9:00 a.m. - 5 p. m.
Attica, NY

The main speaker this year is Eli Reiff of Mifflinburg Pennsylvania. Eli raises broilers, turkeys, sheep, and beef, all on pasture. Topics to be covered will include the pasture, feed and nutrition, marketing, costs, and much more. As we grow as farm operators and get bigger, we may not pay as much attention to the basics as we should. So those areas are where we will start, and then expand to cover the group's interests.

Mike Badger, Director of the American Pastured Poultry Producers Association will also be available for a round-table discussion. Plans are to have representatives from Farm Bureau, NYCAMH for farm health and safety, Wyoming County Chamber of Commerce, and Cornell Cooperative Extension of Wyoming County, as well as others.

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Calling all 9th-12th graders! 4th Annual Precision Agriculture Day at Genesee Community College

May 21, 2019
9:00 am - 1:30 pm Register by Friday May 10th! $15/per person includes lunch
Batavia, NY

Calling all 9th-12th graders!  We have an exciting new program for students interested in technology, science, engineering, and agriculture!
Would you like to:
  • Learn about how Drones collect information
  • Check out some potential career opportunities that have new and ever-changing technology
  • Learn how these technologies can be used in our own backyards in WNY
  • Discover potential and exciting career opportunities

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Announcements

Producers Previously Enrolled in the LGM Program Now Eligible for MPP

Dairy Producers Previously Enrolled in the Livestock Gross Margin Program Now Eligible for 2018 Margin Protection Program
The U.S. Department of Agriculture (USDA) today announced that dairy producers who elected to participate in the Livestock Gross Margin for Dairy Cattle Program (LGM-Dairy) now have the opportunity to participate in the Margin Protection Program for Dairy (MPP-Dairy) for 2018 coverage. Sign-up will take place March 25 through May 10, 2019.
Eligible producers can enroll during the sign-up period at their local USDA service center. To locate your office, visit farmers.gov.


Smart Farming Team Technical Assistance Grant Application

The Labor Ready Farmer Project is offering grants to provide up to 12 hours of Technical Assistance (TA) consulting services to farms who want to make improvements to their farm's processes in hiring, training, managing or evaluating employees. Applicants will choose from one of the following four areas for TA assistance and identify a specific project. If selected they will be matched with a "Smart Farming Team" of consultants who will provide one on one technical assistance.
  • HIRING EMPLOYEES 101 - GETTING OFF TO A GOOD START
  • ONBOARDING & TRAINING EMPLOYEES QUICKLY AND EFFECTIVELY
  • FINE-TUNING & IMPROVING THE WORKING ENVIRONMENT
  • H2-A READINESS
Please complete this application and send to Nicole Waters, Beginning Farm Project Coordinator for the Cornell Small Farms Program. The form can be submitted by email, mail or in-person at the address listed below. Please feel free to call or email with any questions.

Nicole Waters - Beginning Farmer Project Coordinator
Plant Science Building, Room 15b
Tower Road, Cornell University
Ithaca, NY 14853
Phone: 607-255-9911
Email: nw42@cornell.edu

Applications accepted on a rolling basis.



USDA Announces January Income over Feed Cost Margin Triggers First 2019 Dairy Sa

WASHINGTON, March 6, 2019 ? The U.S. Department of Agriculture's Farm Service Agency (FSA) announced this week that the January 2019 income over feed cost margin was $7.99 per hundredweight, triggering the first payment for eligible dairy producers who purchase the appropriate level of coverage under the new but yet-to-be established Dairy Margin Coverage (DMC) program.

DMC, which replaces the Margin Protection Program for Dairy, is a voluntary risk management program for dairy producers that was authorized by the 2018 Farm Bill. DMC offers protection to dairy producers when the difference between the all milk price and the average feed cost (the margin) falls below a certain dollar amount selected by the producer.

Agriculture Secretary Sonny Perdue announced last week that sign up for 
DMC will open by mid-June of this year. At the time of sign up, producers who elect a DMC coverage level between $8.00 and $9.50 would be eligible for a payment for January 2019.

For example, a dairy operation with an established production history of 3 million pounds (30,000 cwt.) that elects the $9.50 coverage level for 50 percent of its production could potentially be eligible to receive $1,887.50 for January.

Sample calculation:
$9.50 - $7.99 margin = $1.51 difference
$1.51 times 50 percent of production times 2,500 cwt. (30,000 cwt./12) = $1,887.50

The calculated annual premium for coverage at $9.50 on 50 percent of a 3-million-pound production history for this example would be $2,250.

Sample calculation:
3,000,000 times 50 percent = 1,500,000/100 = 15,000 cwt. times 0.150 premium fee = $2,250

Operations making a one-time election to participate in DMC through 2023 are eligible to receive a 25 percent discount on their premium for the existing margin coverage rates.

"Congress created the Dairy Margin Coverage program to provide an important financial safety net for dairy producers, helping them weather shifting milk and feed prices," FSA Administrator Richard Fordyce said. "This program builds on the previous Margin Protection Program for Dairy, carrying forward many of the program upgrades made last year based on feedback from producers. We're working diligently to implement the DMC program and other FSA programs authorized by the 2018 Farm Bill."

Additional details about DMC and other FSA farm bill program changes can be found at farmers.gov/farmbill.


New Guidance for Mortality Disposal Issued

NYS Department of Ag and Markets has posted guidelines on disposal of livestock carcasses, in response to reports that some rendering companies have halted pickups from farms.

https://nwnyteam.cce.cornell.edu/submission.php?id=761&crumb=dairy|1

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