International Clients
Australia
Canada
South America
×
<
 
List
 
>
Newsletter
Volume 166
September 1, 2017
In Our Thoughts and Prayers
In what could turn out to be the worst flood disaster in U.S. history, we want our clients and their families affected by Hurricane Harvey to know they are in our thoughts and prayers. This flood event could go down in the history books as a 1,000 year event. The weekend storm brought "unprecedented" wide-scale flooding after making landfall in Texas last Friday. Stay strong - stay safe and know the rest of the country is pulling for you!
Congratulations!
Congratulations go out to the 2017 winners of the annual Environmental Respect Awards. The program is sponsored by DuPont Crop Protection and CropLife magazine and is the agricultural industry's highest recognition for environmental stewardship. Our most heartfelt congratulations go to each of the winners for their achievement. Members of the Asmark Institute are denoted in red.
Regional Winners
Crop Production Services - Athena, OR
Crop Production Services - Glenboro, Manitoba, Canada
Crop Production Services - Norwood, NC
MFA Agri-Services - Centralia, MO
State/Province Champions
Helena Chemical Company - Brinkley, AR
Crop Production Services - Okeechobee, FL
Agri-AFC - Cordele, GA
Crop Production Services - Lebanon, KY
Helena Chemical Company - Morse, LA
Helena Chemical Company - Clarksdale, MS
Carolina Eastern-Crocker, LLC - Stafford, NY
Heritage Cooperative, Inc. - West Mansfield, OH
Helena Chemical Company - Ripley, TN
Helena Chemical Company - Warsaw, VA
Crop Production Services - Lu Verne, IA
Crop Production Services - Jacksonville, IL
Crop Production Services - Otwell, IN
Coop Country Farmers Elevator - Renville, MN
MFA Agri-Services - Centralia, MO
Crop Production Services - Jamestown, ND
Helena Chemical Company - Welch, OK
Simplot Grower Solutions - Orland, CA
CHS Bingham Cooperative - Blackfoot, ID
Helena Chemical Company - Mesquite, NM
Crop Production Services - Athena, OR
Helena Chemical Company - Uvalde, TX
Crop Production Services - Killam, Alberta
Crop Production Services - Morse, Saskatchewan
Crop Production Services - Glenboro, Manitoba
AGRIS Cooperative - Chatham, Ontario
"Tradeshow Truck" Collectible Program Debuts in 2017
Tradeshow Truck
The Asmark Institute works to support the retail agricultural industry through a very special partnership with our state association affiliates. Membership and participation in your state association is more important now than ever before.
Our new "Tradeshow Truck" collectible program will allow us to meet up with our clients in each state and thank them while supporting the registration and meeting efforts of our state association partners.
Each year we will produce a special limited edition replica of a truck that will only be available to our Lighthouse retainer clients who register and attend the Trade Show sponsored by their state association. Shown is the first edition truck and is sure to be collectible due to its very limited production.
We encourage you to watch for our very special invitation and register for the meeting in your area, support your state agribusiness association and pick up your collectible.
Getting Lucky in Kentucky!
A client from Florida recently hit the Jackpot while visiting Kentucky to participate in the OSHA AG-30 course. Brian Miller, lead instructor for the course, said he thought he had heard every excuse in the book to get out of the course early on Friday afternoon but this one proved to be very real. The student showed him the winning ticket and Brian helped make it possible for him to get out early enough to drive to Louisville to redeem his $100,000 winnings before going home. I bet he will smile every time he looks at his OSHA certification card! Congratulations to the winner!
Hazardous Materials Safety Permit for Anhydrous Ammonia Eliminated
DOT has issued a notification that they will no longer require a Hazardous Materials Safety Permit (HMSP) for the transportation of anhydrous ammonia domestically. DOT will no longer interpret 49 CFR § 385.403(e) as requiring an HMSP to transport anhydrous ammonia domestically (UN1005 ammonia, anhydrous 2.2 Inhalation Hazard). Anhydrous ammonia is identified in the Hazardous Materials Table as a Division 2.2 material when transported domestically. Section 173.116(a) provides that there are no hazard zones assigned to Division 2.2 hazardous materials. Because anhydrous ammonia transported domestically is not assigned a hazard zone, DOT no longer considers this material as "meeting the criteria for ‘hazard zone C,' or ‘hazard zone D,' as specified in § 173.116(a)" under § 385.403(e). Anhydrous ammonia, when transported domestically, continues to meet the definition of "material poisonous by inhalation" in 49 CFR § 171.8(3) and must be marked as an inhalation hazard in accordance with the special provisions noted in the Hazardous Materials Table.
If you are a motor carrier who holds a HMSP exclusively for the transportation of anhydrous ammonia domestically, DOT needs your permission to remove you from the HMSP program. Please send a request for removal from the HMSP program by sending an email to fmcsa.hmsp@dot.gov. The email should include your company name and US DOT number, a point of contact and a brief statement as to the reason for removal, including that you do not transport any other material requiring an HMSP. This will serve as your formal request and it will be placed in your permanent motor carrier file. For questions or concerns, contact the Hazardous Materials Division at 202-385-2307.
Note: An HMSP is still required when transporting anhydrous ammonia classed and described as UN1005, ammonia, anhydrous 2.3 Poison Inhalation Hazard or Toxic Inhalation Hazard, Zone D, in a packaging with a capacity greater than 3,500 gallons.
AInspire
Special Program Launched for EHS Coordinators
Asmark Institute has introduced a new program designed exclusively for those clients who have assigned Environmental, Health and Safety (EHS) coordinator roles within their company.
Innovative Safety Professionals Inspiring Regulatory Excellence (Inspire), is designed to foster continuous improvement in risk management and safety culture for those in a position to make a difference. Members of the Inspire program will be able to participate in exclusive training opportunities, receive advanced notifications regarding their individual locations and information on changing and/or new regulations that affect their business and the industry. Plans are underway for utilizing a state of the art web conferencing system to communicate quickly and efficiently as the need arises. An additional element of this unique program provides continuity of compliance programs when turnover occurs with key EHS personnel. This will help companies bridge the gap through the transition to a new EHS coordinator.
Our thanks go out to Jon Wells with New Cooperative in Fort Dodge, IA and John Woods with Superior Ag Resources Coop in Princeton, IN for their help in naming this program. Both were awarded a $250 gift card for their help in "inspiring" us with the name.
EHS coordinators watch your mail for a special invitation to enroll in this program. If you have questions about this program, or if your company doesn't currently have someone in an EHS role and you are looking to develop an EHS position, please contact Brian Mason at 270-926-4600 ext. 230 or brian@asmark.org.
ProFiles Improvements Underway
ProFiles, one of the unique databases here at the Asmark Institute, has undergone some significant system improvements over the past few months. ProFiles individually "profiles" the regulatory data for over 5,600 products used by our clients. Amber has been working with Patricia and Ewa to implement new processes for entering data and adding products. Developing a team approach has helped to build in capacity and efficiencies allowing for the expansion of products in the database. From the IT side of the team, Megan and Eric have been working closely with Crop Data Management Systems (CDMS) to integrate their new data services which were rolled out this summer. CDMS has been a trusted partner of the Asmark Institute for over twelve years, providing manufacturer-approved data for crop protection products. Updated product information is received daily from CDMS in a system built specifically to display both the old and new information.
EPA's recently expanded physical and health hazard categories prompted a major revision to ProFiles. A total of 23 new hazard category fields were added to ProFiles and the information is currently being gathered to populate the upcoming SARA Tier II reports. CDMS helps provide data for about 1,700 crop protection products, and our team manually updates the other 3,900 products such as fertilizers, crop oil, surfactants, etc. The ProFiles team is working diligently to have all data updated prior to the start of reporting season in late October.
Nominate your "Operator of the Year"
AGCO Corporation has announced the opening of nominations for their 12th Annual Operator of the Year Award. The award recognizes the value of the hard work professional applicators do caring for crops and customers across the country, as well as their involvement in their communities. "One important aspect of the Operator of the Year program is that nominations are submitted by those who know the operator's work best," said Mark Mohr, Tactical Marketing Manager with AGCO. "They fully understand the sacrifices, hard work and precision that goes into being a professional applicator. And, AGCO realizes the critical role they play in helping farmers provide food, fiber and fuel to the world."
The Operator of the Year program is open to all ag retailers and custom applicators in the United States, regardless of the equipment brands used in their application fleets. A panel of judges from AGCO will evaluate nominees based on their performance both in the field and in the community, including criteria such as skill, dedication and customer service, as well as community involvement. Ag retailers can submit nominations for the 12th Annual Operator of the Year at www.applylikeapro.com/oty now through October 23, 2017.
Lead Trainer Wanted for New Dry Spread Pattern Testing Mobile Course
Dry Spread Pattern Mobile Course Dry Spread Pattern Mobile Course Dry Spread Pattern Mobile Course
The problem: Only a small percentage of retailers properly calibrate their dry fertilizer spreader equipment each year. In fact, most retailers report the last time their spreader bed was calibrated was when their dealer representative delivered it. Uniform and accurate application of bulk fertilizer is essential. Performance failures can be directly related to improper, uneven and/or careless application or separation of blended material due to size and density differences. All dry fertilizer equipment needs periodic calibration checks. Calibration is especially important when changing from one type of material to another, to different rates of application and when altering speeds or other operating conditions.
The solution: We've worked with John Rathjen at Highway Equipment Company - the great folks that manufacture New Leader spreader beds to create a very special piece of equipment designed to teach retailers how to calibrate and set their beds. The custom unit accurately imitates a spreader bed in height and operation due to a self-contained hydraulic unit and monitor. Built by John Williams at the McHenry Machine Company and made possible by New Leader, the unit will be used as part of the new applicator training course in Bloomington, IL and available for remote courses around the country. So we have the tractor, the spreader and a special truck and trailer equipped with a hopper and conveyor - all we need is a lead instructor. If you are interested or know someone who would be interested in le ading this course, please contact Allen Summers at 270-926-4600, Ext 201 or by email at allen@asmark.org.
Sleep Apnea Withdrawn from Rulemaking Process
DOT has stopped the rulemaking process for obstructive sleep apnea (OSA). Withdrawn is the March 10, 2016 advance notice of proposed rulemaking, "Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep." DOT received valuable information from a series of public listening sessions in May 2016. DOT has indicated that it may update its January 2015 "Bulletin to Medical OSA Examiners and Training Organizations Regarding Obstructive Sleep Apnea" regarding the physical qualifications standard and related advisory criteria concerning respiratory dysfunction, specifically how the standard applies to drivers who may have OSA. The revisions would be based on August 2016 Medical Review Board recommendations. Certified medical examiners use DOT's guidance materials as they certify commercial drivers.
Upgrades Underway to the Ford B. West Center for Responsible Agriculture
Work has been done to help keep the ResponsibleAg Auditor Course the most current training experience possible. Additional rolling stock has been added for inspection, as well as plumbing for the new rail car unload station and a T-reactor prop, making the facility ready for a Process Safety Management (PSM) audit. With more and more locations now having a Program 3 Risk Management Plan (RMP), auditors will gain hands on experience in Program 3 RMP/PSM auditing. The upgrade includes a new seed treater feature.
New DOT-15 and EPA-15 Courses Planned
It is no doubt that the participants of the OSHA AG-30 course have learned a great deal to help their businesses. In similar fashion, we are planning new DOT-15 and EPA-15 courses that will provide facility managers or assistant managers, safety and health coordinators, EHS staff and personnel with responsibilities for safety and health at the facility, an opportunity to learn more in these areas. These courses will be scheduled so they can be completed consecutively in a week, and we encourage at least one person per facility to attend. Stay tuned for more details and an upcoming schedule in 2018.
It's Time to Register With ResponsibleAg
More than 2,500 facilities have registered with the ResponsibleAg Certification Program, with 782 facilities already receiving their certification. We encourage you to register your facilities today! For more information and to register, go to: www.responsibleag.org
ResponsibleAg Auditor Training - Only a Few Seats Left for September
Several organizations are signing up for the training to become contract auditors or to learn firsthand about ResponsibleAg - they want to see how it works - so they will be ready for their audit. More than 160 people have already participated in the training, with more than 105 choosing to become credentialed by ResponsibleAg. To become a ResponsibleAg auditor, the first step is to attend the training. Two classes are offered per year. Reserve your seat in the upcoming September class now - only 8 seats are left. Click here to register.
Experts Doubt Arson Finding in Deadly TX Fertilizer Blast
The fertilizer plant explosion that killed 15 people and injured more than 160 in the town of West may not have been sparked by a deliberately set fire as federal investigators claimed, according to attorneys, arson experts and a former top workplace safety official. The Bureau of Alcohol, Tobacco, Firearms and Explosives has been largely silent on the 2013 West Fertilizer explosion since it announced last year that an arsonist was responsible for the initial blaze and offered a $50,000 reward for information. No arrests have been made and the ATF won't discuss the case beyond repeating a version of its previous announcement. Read the entire article.
Roadside Enforcement Procedures for Medical Examiner's Certificate
The following table details how the officer should respond to the Commercial Drivers License Information System (CDLIS) Motor Vehicle Report (MVR) when one of your drivers is stopped for a roadside inspection:
If the driving report shows:
Enforcement's Response:
CDL is valid with medical information on file
No citation
CDL is valid with no medical information on file and the driver does not have a medical certificate in possession.
Cite Section 391.41(a)(1) Operating a CMV without being medically qualified.
CDL is valid with no medical information on file and the driver has a current, valid medical certificate in possession issued within the past 60 days.
No violation
CDL is valid with no medical information on file and the driver has a current, valid medical certificate issued 61 days or greater.
Cite Section 383.71(h). Driver is NOT placed out of service.
CDL is not valid. (e.g., canceled, downgraded, disqualified, revoked, suspended, etc.)
Cite Section 383.23(a)(2) and place the driver out of service.
Dates for Operation Safe Driver Week announced by CVSA
The Commercial Vehicle Safety Alliance (CVSA) announced motorists throughout North America will experience heightened traffic safety enforcement during the week of October 15-21, 2017. Safe Driver Week is an educational outreach opportunity for law enforcement to reach both the commercial motor vehicle and passenger-vehicle driver. Law enforcement will identify and issue warnings and/or citations to any driver (commercial or non-commercial) exhibiting unsafe driving behaviors. During Operation Safe Driver Week, enforcement will track unsafe driving behaviors, such as speeding, distracted driving, texting, seatbelt usage, traveling too closely, improper lane change, failure to obey traffic control devices, etc.
Near-Miss Between Drone and Ag Aircraft in Iowa
These instances can become very critical when emergency response services like medical helicopters, police aircraft near accident scenes and forest firefighters are affected. Any potential collision between a manned aircraft and a UAV could be life threatening. This nearly happened to an ag pilot last week.
Dallas Grimm, a pilot for Redline Aviation in eastern Nebraska, had just finished spraying a field across the river in western Iowa and was climbing out on his way back to the airport. As he was passing through about 350 feet above ground level, he caught a glimpse of white at the lower right side of his windshield. The object disappeared under his wing before he could take evasive action. As he passed the object, he recognized it as a quadcopter UAV that was "parked" in a stationary" location. He made several circles around the UAV and looked around for the operator controlling it. A pickup truck was parked next to the field with two men inside the cab, but neither seemed to be observing the UAV. Soon the UAV proceeded to land in a grassy area near the field. The truck drove to the landing site, picked it up and drove away. Grimm and Redline Aviation operator Ryan Lihs believe it had been conducting a field survey for a crop scouting company, and as such was not a hobbyist out pleasure flying.
Redline Aviation reported the incident to the FAA and local law enforcement agencies, but so far, the UAV operator has not been found. Lihs is using this opportunity to contact broadcast news and print media asking drone operators to use caution for other aircraft using the airspace and obey safety rules and recommendations.
Court Finds Montgomery County's Ban on Pesticide Use on Private Property to be Illegal
The Montgomery County Circuit Court struck down provisions of a local ordinance that would have prohibited pesticide use on private property in the county. Finding the provisions preempted by Maryland state law, which provides for a uniform and comprehensive pesticide regulatory regime across the state, the court prevented the ban on pesticide use on private property from taking effect January 1, 2018. Karen Reardon (RISE) and Amanda Maizel (CLA) had the rare opportunity to hear this important decision read from the bench. Responsible Industry for a Sound Environment (RISE) along with seven county residents and six local businesses brought this suit to challenge the Montgomery County Council ordinance that, if it were to have taken effect, would have negatively impacted both consumer choice and local lawn care professionals' economic livelihoods. RISE spent the past three years in Montgomery County working with concerned local residents, professional applicators and members to oppose the bill's passage and is pleased with the decision.
State Labor Law Poster Updates
ARIZONA
Earned Sick Leave (Effective date: July, 2017) - Employees earn one hour of paid sick time every 30 hours worked subject to the following limitations:
  • Less than 15 employees - may only accrue or use 24 hours of earned sick time per year
  • 15 or more employees - may only accrue or use 40 hours of earned sick time per year
Employers are permitted to select higher accrual and use limits. This is a substantive change and an updated Arizona V6.0 poster is required. Click here to order.
CALIFORNIA - MILPITAS
Minimum Wage and Know Your Rights (Effective date: July, 2017) - The rate is $11.00 per hour. Employers who are subject to the Milpitas business license requirement or who maintain a business facility in Milpitas must pay to each employee who performs at least 2 hours of work per week in Milpitas. This is a substantive change and a new Milpitas, CA poster is required. Click here to order.
CALIFORNIA - PASADENA
Minimum Wage (Effective date: July, 2017) - The rate is $12.00 an hour. This is a substantive change and a new Pasadena, CA poster is required. Click here to order.
CALIFORNIA - SAN FRANCISCO
Minimum Wage (Effective date: July, 2017) - The rate is $14.00 an hour. This is a substantive change and a new San Francisco, CA poster is required. Click here to order.
CALIFORNIA - SAN JOSE
Minimum Wage (Effective date: July, 2017) - The rate is $12.00 an hour. This is a substantive change and a new San Jose, CA poster is required. Click here to order.
CALIFORNIA - SAN LEANDRO
Minimum Wage (Effective date: July, 2017) - The rate is $12.00 per hour and is required of all employers who are subject to the adopted San Leandro Minimum Wage Ordinance, regardless of the number of employees. This is a substantive change and a new San Leandro, CA poster is required. Click here to order.
MAINE
Child Labor Law (Effective date: July, 2017) - The law now also protects people under the age of 18 in agricultural jobs. Instead of listing particular occupations for the restriction of age groups, conditions are now in place:
"... occupations declared hazardous and jeopardize their health, well-being or educational opportunities" for 14 and 15 year olds. "... not in hazardous jobs" for 16 and 17 year olds.
The express notification that minors under the age of 14 are not allowed to work in most businesses has been removed. Since the new layout does not include any guidelines for this age group, it may be assumed this is still true. In any case, contact the Bureau of Labor Standards for more information. Contact information is included on the notice. This is a substantive change and an updated Maine V3.0 poster is required. Click here to order.
MINNESOTA - MINNEAPOLIS
Sick and Safe Time (Effective date: July, 2017) - This applies to all employees who work within Minneapolis city limits. They collect 1 hour of paid sick and safe time for every 30 hours worked. This is a substantive change and a new Minneapolis, MN poster is required. Click here to order.
MINNESOTA - ST. PAUL
Earned Sick and Safe Time (Effective date: July, 2017) - For employers with twenty-four (24) or more employees, this chapter is effective July 1, 2017. For employers with twenty-three (23) or fewer employees, this chapter is effective January 1, 2018. For employers operating in their first six (6) months after the hire date of the employer's first employee, the employer is required to provide unpaid sick and safe time but is not required to provide paid sick and safe time. After six (6) months, the employer will be subject to this chapter. This subsection will sunset on January 1, 2023, at which point all employers will be subject to full enforcement. This is a substantive change and a new St. Paul, MN poster is required. Click here to order.
NEVADA
Earned Sick and Safe Time (Effective date: July, 2017) - For employers with twenty-four (24) or more employees, this chapter is effective July 1, 2017. For employers with twenty-three (23) or fewer employees, this chapter is effective January 1, 2018. For employers operating in their first six (6) months after the hire date of the employer's first employee, the employer is required to provide unpaid sick and safe time but is not required to provide paid sick and safe time. After six (6) months, the employer will be subject to this chapter. This subsection will sunset on January 1, 2023, at which point all employers will be subject to full enforcement. This is a substantive change and a new St. Paul, MN poster is required. Click here to order.
NEVADA
Nursing Mothers (Effective date: July, 2017) - The new ordinance requires employers to allow reasonable break time and a clean location for breast milk expression and prohibits retaliation for this allowance.
Because of the following exceptions, we are providing this notice as a standalone poster in anticipation of another change coming due January 1, 2018. Our All-In-One poster will be updated with both notices closer to that date.
  • If an employer compliance will cause undue hardship considering size, financial resources, nature and structure of the business, the employer and employee may agree upon a reasonable alternative.
  • Employers with less than 50 employees are not subject to the requirements if they would impose undue hardships as noted above.
  • Contractors licensed pursuant to chapter 624 of NRS is not subject to the requirements with regard to an employee who is performing work at a construction jobsite that is located at least 3 miles from the regular place of business of the employer.
This is a substantive change and a new Nevada Nursing Mothers poster is required. Click here to order.
OREGON
Minimum Wage (Effective date: July, 2017) - The new rate is as follows:
  • $10.25 per hour Standard
  • $11.25 per hour Portland Metro
  • $10.00 per hour Non-urban Counties
Standard applies to the following counties, with the exception of those areas located within the urban growth boundary of a metropolitan service district: Benton, Clackamas, Clatsop, Columbia, Deschutes, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Wasco, Washington, and Yamhill. Portland Metro includes areas located within the urban growth boundary of a metropolitan service district. Non-urban Counties applies to the following counties: Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler. This is a substantive change and an updated Oregon V5.0 poster is required. Click here to order.
WISCONSIN
Unemployment Insurance (Effective date: May, 2017) - The information details required to apply have changed and steps to apply online have expanded in detail. Also, contact information has been added to accommodate alternate formats for disabilities or translated to another language. This is a substantive change and an updated Wisconsin V4.0 poster is required. Click here to order.
2017 Asmark Institute, Inc. This information is believed to be reliable by the Asmark Institute, however, because of constantly changing government regulations, interpretations and applicability or the possibility of human, mechanical or computer error, the Asmark Institute does not guarantee the information as suitable for any particular purpose.
In Our Thoughts and Prayers
In what could turn out to be the worst flood disaster in U.S. history, we want our clients and their families affected by Hurricane Harvey to know they are in our thoughts and prayers. This flood event could go down in the history books as a 1,000 year event. The weekend storm brought "unprecedented" wide-scale flooding after making landfall in Texas last Friday. Stay strong - stay safe and know the rest of the country is pulling for you!
Congratulations!
Congratulations go out to the 2017 winners of the annual Environmental Respect Awards. The program is sponsored by DuPont Crop Protection and CropLife magazine and is the agricultural industry's highest recognition for environmental stewardship. Our most heartfelt congratulations go to each of the winners for their achievement. Members of the Asmark Institute are denoted in red.
Regional Winners
Crop Production Services - Athena, OR
Crop Production Services - Glenboro, Manitoba, Canada
Crop Production Services - Norwood, NC
MFA Agri-Services - Centralia, MO
State/Province Champions
Helena Chemical Company - Brinkley, AR
Crop Production Services - Okeechobee, FL
Agri-AFC - Cordele, GA
Crop Production Services - Lebanon, KY
Helena Chemical Company - Morse, LA
Helena Chemical Company - Clarksdale, MS
Carolina Eastern-Crocker, LLC - Stafford, NY
Heritage Cooperative, Inc. - West Mansfield, OH
Helena Chemical Company - Ripley, TN
Helena Chemical Company - Warsaw, VA
Crop Production Services - Lu Verne, IA
Crop Production Services - Jacksonville, IL
Crop Production Services - Otwell, IN
Coop Country Farmers Elevator - Renville, MN
MFA Agri-Services - Centralia, MO
Crop Production Services - Jamestown, ND
Helena Chemical Company - Welch, OK
Simplot Grower Solutions - Orland, CA
CHS Bingham Cooperative - Blackfoot, ID
Helena Chemical Company - Mesquite, NM
Crop Production Services - Athena, OR
Helena Chemical Company - Uvalde, TX
Crop Production Services - Killam, Alberta
Crop Production Services - Morse, Saskatchewan
Crop Production Services - Glenboro, Manitoba
AGRIS Cooperative - Chatham, Ontario
"Tradeshow Truck" Collectible Program Debuts in 2017
Tradeshow Truck
The Asmark Institute works to support the retail agricultural industry through a very special partnership with our state association affiliates. Membership and participation in your state association is more important now than ever before.
Our new "Tradeshow Truck" collectible program will allow us to meet up with our clients in each state and thank them while supporting the registration and meeting efforts of our state association partners.
Each year we will produce a special limited edition replica of a truck that will only be available to our Lighthouse retainer clients who register and attend the Trade Show sponsored by their state association. Shown is the first edition truck and is sure to be collectible due to its very limited production.
We encourage you to watch for our very special invitation and register for the meeting in your area, support your state agribusiness association and pick up your collectible.
Getting Lucky in Kentucky!
A client from Florida recently hit the Jackpot while visiting Kentucky to participate in the OSHA AG-30 course. Brian Miller, lead instructor for the course, said he thought he had heard every excuse in the book to get out of the course early on Friday afternoon but this one proved to be very real. The student showed him the winning ticket and Brian helped make it possible for him to get out early enough to drive to Louisville to redeem his $100,000 winnings before going home. I bet he will smile every time he looks at his OSHA certification card! Congratulations to the winner!
Hazardous Materials Safety Permit for Anhydrous Ammonia Eliminated
DOT has issued a notification that they will no longer require a Hazardous Materials Safety Permit (HMSP) for the transportation of anhydrous ammonia domestically. DOT will no longer interpret 49 CFR § 385.403(e) as requiring an HMSP to transport anhydrous ammonia domestically (UN1005 ammonia, anhydrous 2.2 Inhalation Hazard). Anhydrous ammonia is identified in the Hazardous Materials Table as a Division 2.2 material when transported domestically. Section 173.116(a) provides that there are no hazard zones assigned to Division 2.2 hazardous materials. Because anhydrous ammonia transported domestically is not assigned a hazard zone, DOT no longer considers this material as "meeting the criteria for ‘hazard zone C,' or ‘hazard zone D,' as specified in § 173.116(a)" under § 385.403(e). Anhydrous ammonia, when transported domestically, continues to meet the definition of "material poisonous by inhalation" in 49 CFR § 171.8(3) and must be marked as an inhalation hazard in accordance with the special provisions noted in the Hazardous Materials Table.
If you are a motor carrier who holds a HMSP exclusively for the transportation of anhydrous ammonia domestically, DOT needs your permission to remove you from the HMSP program. Please send a request for removal from the HMSP program by sending an email to fmcsa.hmsp@dot.gov. The email should include your company name and US DOT number, a point of contact and a brief statement as to the reason for removal, including that you do not transport any other material requiring an HMSP. This will serve as your formal request and it will be placed in your permanent motor carrier file. For questions or concerns, contact the Hazardous Materials Division at 202-385-2307.
Note: An HMSP is still required when transporting anhydrous ammonia classed and described as UN1005, ammonia, anhydrous 2.3 Poison Inhalation Hazard or Toxic Inhalation Hazard, Zone D, in a packaging with a capacity greater than 3,500 gallons.
AInspire
Special Program Launched for EHS Coordinators
Asmark Institute has introduced a new program designed exclusively for those clients who have assigned Environmental, Health and Safety (EHS) coordinator roles within their company.
Innovative Safety Professionals Inspiring Regulatory Excellence (Inspire), is designed to foster continuous improvement in risk management and safety culture for those in a position to make a difference. Members of the Inspire program will be able to participate in exclusive training opportunities, receive advanced notifications regarding their individual locations and information on changing and/or new regulations that affect their business and the industry. Plans are underway for utilizing a state of the art web conferencing system to communicate quickly and efficiently as the need arises. An additional element of this unique program provides continuity of compliance programs when turnover occurs with key EHS personnel. This will help companies bridge the gap through the transition to a new EHS coordinator.
Our thanks go out to Jon Wells with New Cooperative in Fort Dodge, IA and John Woods with Superior Ag Resources Coop in Princeton, IN for their help in naming this program. Both were awarded a $250 gift card for their help in "inspiring" us with the name.
EHS coordinators watch your mail for a special invitation to enroll in this program. If you have questions about this program, or if your company doesn't currently have someone in an EHS role and you are looking to develop an EHS position, please contact Brian Mason at 270-926-4600 ext. 230 or brian@asmark.org.
ProFiles Improvements Underway
ProFiles, one of the unique databases here at the Asmark Institute, has undergone some significant system improvements over the past few months. ProFiles individually "profiles" the regulatory data for over 5,600 products used by our clients. Amber has been working with Patricia and Ewa to implement new processes for entering data and adding products. Developing a team approach has helped to build in capacity and efficiencies allowing for the expansion of products in the database. From the IT side of the team, Megan and Eric have been working closely with Crop Data Management Systems (CDMS) to integrate their new data services which were rolled out this summer. CDMS has been a trusted partner of the Asmark Institute for over twelve years, providing manufacturer-approved data for crop protection products. Updated product information is received daily from CDMS in a system built specifically to display both the old and new information.
EPA's recently expanded physical and health hazard categories prompted a major revision to ProFiles. A total of 23 new hazard category fields were added to ProFiles and the information is currently being gathered to populate the upcoming SARA Tier II reports. CDMS helps provide data for about 1,700 crop protection products, and our team manually updates the other 3,900 products such as fertilizers, crop oil, surfactants, etc. The ProFiles team is working diligently to have all data updated prior to the start of reporting season in late October.
Nominate your "Operator of the Year"
AGCO Corporation has announced the opening of nominations for their 12th Annual Operator of the Year Award. The award recognizes the value of the hard work professional applicators do caring for crops and customers across the country, as well as their involvement in their communities. "One important aspect of the Operator of the Year program is that nominations are submitted by those who know the operator's work best," said Mark Mohr, Tactical Marketing Manager with AGCO. "They fully understand the sacrifices, hard work and precision that goes into being a professional applicator. And, AGCO realizes the critical role they play in helping farmers provide food, fiber and fuel to the world."
The Operator of the Year program is open to all ag retailers and custom applicators in the United States, regardless of the equipment brands used in their application fleets. A panel of judges from AGCO will evaluate nominees based on their performance both in the field and in the community, including criteria such as skill, dedication and customer service, as well as community involvement. Ag retailers can submit nominations for the 12th Annual Operator of the Year at www.applylikeapro.com/oty now through October 23, 2017.
Lead Trainer Wanted for New Dry Spread Pattern Testing Mobile Course
Dry Spread Pattern Mobile Course Dry Spread Pattern Mobile Course Dry Spread Pattern Mobile Course
The problem: Only a small percentage of retailers properly calibrate their dry fertilizer spreader equipment each year. In fact, most retailers report the last time their spreader bed was calibrated was when their dealer representative delivered it. Uniform and accurate application of bulk fertilizer is essential. Performance failures can be directly related to improper, uneven and/or careless application or separation of blended material due to size and density differences. All dry fertilizer equipment needs periodic calibration checks. Calibration is especially important when changing from one type of material to another, to different rates of application and when altering speeds or other operating conditions.
The solution: We've worked with John Rathjen at Highway Equipment Company - the great folks that manufacture New Leader spreader beds to create a very special piece of equipment designed to teach retailers how to calibrate and set their beds. The custom unit accurately imitates a spreader bed in height and operation due to a self-contained hydraulic unit and monitor. Built by John Williams at the McHenry Machine Company and made possible by New Leader, the unit will be used as part of the new applicator training course in Bloomington, IL and available for remote courses around the country. So we have the tractor, the spreader and a special truck and trailer equipped with a hopper and conveyor - all we need is a lead instructor. If you are interested or know someone who would be interested in le ading this course, please contact Allen Summers at 270-926-4600, Ext 201 or by email at allen@asmark.org.
Sleep Apnea Withdrawn from Rulemaking Process
DOT has stopped the rulemaking process for obstructive sleep apnea (OSA). Withdrawn is the March 10, 2016 advance notice of proposed rulemaking, "Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep." DOT received valuable information from a series of public listening sessions in May 2016. DOT has indicated that it may update its January 2015 "Bulletin to Medical OSA Examiners and Training Organizations Regarding Obstructive Sleep Apnea" regarding the physical qualifications standard and related advisory criteria concerning respiratory dysfunction, specifically how the standard applies to drivers who may have OSA. The revisions would be based on August 2016 Medical Review Board recommendations. Certified medical examiners use DOT's guidance materials as they certify commercial drivers.
Upgrades Underway to the Ford B. West Center for Responsible Agriculture
Work has been done to help keep the ResponsibleAg Auditor Course the most current training experience possible. Additional rolling stock has been added for inspection, as well as plumbing for the new rail car unload station and a T-reactor prop, making the facility ready for a Process Safety Management (PSM) audit. With more and more locations now having a Program 3 Risk Management Plan (RMP), auditors will gain hands on experience in Program 3 RMP/PSM auditing. The upgrade includes a new seed treater feature.
New DOT-15 and EPA-15 Courses Planned
It is no doubt that the participants of the OSHA AG-30 course have learned a great deal to help their businesses. In similar fashion, we are planning new DOT-15 and EPA-15 courses that will provide facility managers or assistant managers, safety and health coordinators, EHS staff and personnel with responsibilities for safety and health at the facility, an opportunity to learn more in these areas. These courses will be scheduled so they can be completed consecutively in a week, and we encourage at least one person per facility to attend. Stay tuned for more details and an upcoming schedule in 2018.
It's Time to Register With ResponsibleAg
More than 2,500 facilities have registered with the ResponsibleAg Certification Program, with 782 facilities already receiving their certification. We encourage you to register your facilities today! For more information and to register, go to: www.responsibleag.org
ResponsibleAg Auditor Training - Only a Few Seats Left for September
Several organizations are signing up for the training to become contract auditors or to learn firsthand about ResponsibleAg - they want to see how it works - so they will be ready for their audit. More than 160 people have already participated in the training, with more than 105 choosing to become credentialed by ResponsibleAg. To become a ResponsibleAg auditor, the first step is to attend the training. Two classes are offered per year. Reserve your seat in the upcoming September class now - only 8 seats are left. Click here to register.
Experts Doubt Arson Finding in Deadly TX Fertilizer Blast
The fertilizer plant explosion that killed 15 people and injured more than 160 in the town of West may not have been sparked by a deliberately set fire as federal investigators claimed, according to attorneys, arson experts and a former top workplace safety official. The Bureau of Alcohol, Tobacco, Firearms and Explosives has been largely silent on the 2013 West Fertilizer explosion since it announced last year that an arsonist was responsible for the initial blaze and offered a $50,000 reward for information. No arrests have been made and the ATF won't discuss the case beyond repeating a version of its previous announcement. Read the entire article.
Roadside Enforcement Procedures for Medical Examiner's Certificate
The following table details how the officer should respond to the Commercial Drivers License Information System (CDLIS) Motor Vehicle Report (MVR) when one of your drivers is stopped for a roadside inspection:
If the driving report shows:
Enforcement's Response:
CDL is valid with medical information on file
No citation
CDL is valid with no medical information on file and the driver does not have a medical certificate in possession.
Cite Section 391.41(a)(1) Operating a CMV without being medically qualified.
CDL is valid with no medical information on file and the driver has a current, valid medical certificate in possession issued within the past 60 days.
No violation
CDL is valid with no medical information on file and the driver has a current, valid medical certificate issued 61 days or greater.
Cite Section 383.71(h). Driver is NOT placed out of service.
CDL is not valid. (e.g., canceled, downgraded, disqualified, revoked, suspended, etc.)
Cite Section 383.23(a)(2) and place the driver out of service.
Dates for Operation Safe Driver Week announced by CVSA
The Commercial Vehicle Safety Alliance (CVSA) announced motorists throughout North America will experience heightened traffic safety enforcement during the week of October 15-21, 2017. Safe Driver Week is an educational outreach opportunity for law enforcement to reach both the commercial motor vehicle and passenger-vehicle driver. Law enforcement will identify and issue warnings and/or citations to any driver (commercial or non-commercial) exhibiting unsafe driving behaviors. During Operation Safe Driver Week, enforcement will track unsafe driving behaviors, such as speeding, distracted driving, texting, seatbelt usage, traveling too closely, improper lane change, failure to obey traffic control devices, etc.
Near-Miss Between Drone and Ag Aircraft in Iowa
These instances can become very critical when emergency response services like medical helicopters, police aircraft near accident scenes and forest firefighters are affected. Any potential collision between a manned aircraft and a UAV could be life threatening. This nearly happened to an ag pilot last week.
Dallas Grimm, a pilot for Redline Aviation in eastern Nebraska, had just finished spraying a field across the river in western Iowa and was climbing out on his way back to the airport. As he was passing through about 350 feet above ground level, he caught a glimpse of white at the lower right side of his windshield. The object disappeared under his wing before he could take evasive action. As he passed the object, he recognized it as a quadcopter UAV that was "parked" in a stationary" location. He made several circles around the UAV and looked around for the operator controlling it. A pickup truck was parked next to the field with two men inside the cab, but neither seemed to be observing the UAV. Soon the UAV proceeded to land in a grassy area near the field. The truck drove to the landing site, picked it up and drove away. Grimm and Redline Aviation operator Ryan Lihs believe it had been conducting a field survey for a crop scouting company, and as such was not a hobbyist out pleasure flying.
Redline Aviation reported the incident to the FAA and local law enforcement agencies, but so far, the UAV operator has not been found. Lihs is using this opportunity to contact broadcast news and print media asking drone operators to use caution for other aircraft using the airspace and obey safety rules and recommendations.
Court Finds Montgomery County's Ban on Pesticide Use on Private Property to be Illegal
The Montgomery County Circuit Court struck down provisions of a local ordinance that would have prohibited pesticide use on private property in the county. Finding the provisions preempted by Maryland state law, which provides for a uniform and comprehensive pesticide regulatory regime across the state, the court prevented the ban on pesticide use on private property from taking effect January 1, 2018. Karen Reardon (RISE) and Amanda Maizel (CLA) had the rare opportunity to hear this important decision read from the bench. Responsible Industry for a Sound Environment (RISE) along with seven county residents and six local businesses brought this suit to challenge the Montgomery County Council ordinance that, if it were to have taken effect, would have negatively impacted both consumer choice and local lawn care professionals' economic livelihoods. RISE spent the past three years in Montgomery County working with concerned local residents, professional applicators and members to oppose the bill's passage and is pleased with the decision.
State Labor Law Poster Updates
ARIZONA
Earned Sick Leave (Effective date: July, 2017) - Employees earn one hour of paid sick time every 30 hours worked subject to the following limitations:
  • Less than 15 employees - may only accrue or use 24 hours of earned sick time per year
  • 15 or more employees - may only accrue or use 40 hours of earned sick time per year
Employers are permitted to select higher accrual and use limits. This is a substantive change and an updated Arizona V6.0 poster is required. Click here to order.
CALIFORNIA - MILPITAS
Minimum Wage and Know Your Rights (Effective date: July, 2017) - The rate is $11.00 per hour. Employers who are subject to the Milpitas business license requirement or who maintain a business facility in Milpitas must pay to each employee who performs at least 2 hours of work per week in Milpitas. This is a substantive change and a new Milpitas, CA poster is required. Click here to order.
CALIFORNIA - PASADENA
Minimum Wage (Effective date: July, 2017) - The rate is $12.00 an hour. This is a substantive change and a new Pasadena, CA poster is required. Click here to order.
CALIFORNIA - SAN FRANCISCO
Minimum Wage (Effective date: July, 2017) - The rate is $14.00 an hour. This is a substantive change and a new San Francisco, CA poster is required. Click here to order.
CALIFORNIA - SAN JOSE
Minimum Wage (Effective date: July, 2017) - The rate is $12.00 an hour. This is a substantive change and a new San Jose, CA poster is required. Click here to order.
CALIFORNIA - SAN LEANDRO
Minimum Wage (Effective date: July, 2017) - The rate is $12.00 per hour and is required of all employers who are subject to the adopted San Leandro Minimum Wage Ordinance, regardless of the number of employees. This is a substantive change and a new San Leandro, CA poster is required. Click here to order.
MAINE
Child Labor Law (Effective date: July, 2017) - The law now also protects people under the age of 18 in agricultural jobs. Instead of listing particular occupations for the restriction of age groups, conditions are now in place:
"... occupations declared hazardous and jeopardize their health, well-being or educational opportunities" for 14 and 15 year olds. "... not in hazardous jobs" for 16 and 17 year olds.
The express notification that minors under the age of 14 are not allowed to work in most businesses has been removed. Since the new layout does not include any guidelines for this age group, it may be assumed this is still true. In any case, contact the Bureau of Labor Standards for more information. Contact information is included on the notice. This is a substantive change and an updated Maine V3.0 poster is required. Click here to order.
MINNESOTA - MINNEAPOLIS
Sick and Safe Time (Effective date: July, 2017) - This applies to all employees who work within Minneapolis city limits. They collect 1 hour of paid sick and safe time for every 30 hours worked. This is a substantive change and a new Minneapolis, MN poster is required. Click here to order.
MINNESOTA - ST. PAUL
Earned Sick and Safe Time (Effective date: July, 2017) - For employers with twenty-four (24) or more employees, this chapter is effective July 1, 2017. For employers with twenty-three (23) or fewer employees, this chapter is effective January 1, 2018. For employers operating in their first six (6) months after the hire date of the employer's first employee, the employer is required to provide unpaid sick and safe time but is not required to provide paid sick and safe time. After six (6) months, the employer will be subject to this chapter. This subsection will sunset on January 1, 2023, at which point all employers will be subject to full enforcement. This is a substantive change and a new St. Paul, MN poster is required. Click here to order.
NEVADA
Earned Sick and Safe Time (Effective date: July, 2017) - For employers with twenty-four (24) or more employees, this chapter is effective July 1, 2017. For employers with twenty-three (23) or fewer employees, this chapter is effective January 1, 2018. For employers operating in their first six (6) months after the hire date of the employer's first employee, the employer is required to provide unpaid sick and safe time but is not required to provide paid sick and safe time. After six (6) months, the employer will be subject to this chapter. This subsection will sunset on January 1, 2023, at which point all employers will be subject to full enforcement. This is a substantive change and a new St. Paul, MN poster is required. Click here to order.
NEVADA
Nursing Mothers (Effective date: July, 2017) - The new ordinance requires employers to allow reasonable break time and a clean location for breast milk expression and prohibits retaliation for this allowance.
Because of the following exceptions, we are providing this notice as a standalone poster in anticipation of another change coming due January 1, 2018. Our All-In-One poster will be updated with both notices closer to that date.
  • If an employer compliance will cause undue hardship considering size, financial resources, nature and structure of the business, the employer and employee may agree upon a reasonable alternative.
  • Employers with less than 50 employees are not subject to the requirements if they would impose undue hardships as noted above.
  • Contractors licensed pursuant to chapter 624 of NRS is not subject to the requirements with regard to an employee who is performing work at a construction jobsite that is located at least 3 miles from the regular place of business of the employer.
This is a substantive change and a new Nevada Nursing Mothers poster is required. Click here to order.
OREGON
Minimum Wage (Effective date: July, 2017) - The new rate is as follows:
  • $10.25 per hour Standard
  • $11.25 per hour Portland Metro
  • $10.00 per hour Non-urban Counties
Standard applies to the following counties, with the exception of those areas located within the urban growth boundary of a metropolitan service district: Benton, Clackamas, Clatsop, Columbia, Deschutes, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Wasco, Washington, and Yamhill. Portland Metro includes areas located within the urban growth boundary of a metropolitan service district. Non-urban Counties applies to the following counties: Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler. This is a substantive change and an updated Oregon V5.0 poster is required. Click here to order.
WISCONSIN
Unemployment Insurance (Effective date: May, 2017) - The information details required to apply have changed and steps to apply online have expanded in detail. Also, contact information has been added to accommodate alternate formats for disabilities or translated to another language. This is a substantive change and an updated Wisconsin V4.0 poster is required. Click here to order.
2017 Asmark Institute, Inc. This information is believed to be reliable by the Asmark Institute, however, because of constantly changing government regulations, interpretations and applicability or the possibility of human, mechanical or computer error, the Asmark Institute does not guarantee the information as suitable for any particular purpose.