International Clients
Australia
Canada
South America
×
 
Main Menu
Select A Category
About Us
Hot Topics
International Clients
Resources
Training Centers
 
Back to Main Menu
Hot Topics
Consolidation Chart
Helping Your CDL Drivers...
How To Comply (CFATS)
Prepare for a DOT Audit
PSM for Ag Retailers
Restricted CDL Report
 
Back to Main Menu
International Clients
Australia
Canada
South America
 
<
 
List
 
>
Newsletter
Volume 169
December 1, 2017
Season's Greetings!
As we enter into the holiday season, all of us at the Asmark Institute would like to wish you and your families a very Merry Christmas and a safe and prosperous New Year. We appreciate the relationship that has been developed between our organizations over the years and especially the opportunity to have worked with you in 2017!
Annual Compliance Visit Reminder: December 29, 2017
As a friendly reminder, please make note of the deadline to have completed your annual compliance visit.
Asmus Farm Supply
Congratulations to Asmus Farm Supply!
The Agricultural Retailers Association (ARA) has named Asmus Farm Supply the 2017 Retailer of the Year. Harlan and Amy Asmus have grown the business from one location to five, and have become well-known and respected industry leaders. Sons Holden and Garrett are now involved, as is Holden's wife Billie. The ARA Retailer of the Year Award is a recognized symbol of quality and prestige within the industry that honors an ag retailer who represents the best of the best. Congratulations to the Asmus team!
Congratulations to Randy Stookey!
Randy Stookey
The Kansas Grain and Feed Association (KGFA) recently announced the promotion of Randy Stookey to general counsel and senior vice president of government affairs. Stookey has been general counsel for Kansas Agribusiness Retailers Association under its management contract with KGFA since 2011. "Randy's promotion to senior vice president recognizes his commitment and dedication to KGFA and its affiliated associations," KARA president and CEO Tom Tunnell said. "His past job performance has been exemplary and he has proved himself to be a committed association advocate."
New Twist with the Dicamba Products
Earlier this fall EPA imposed new requirements on Engenia, FeXapan and XtendiMax for 2018. This week we learned that the changes require each container (package, minibulk and bulk tank) to be relabeled with the 2018 information. EPA considers relabeling of these products to be repackaging, and if performed at one of your facilities, it will need to be included on their 2017 Pesticide Production Report. Relabeling can only be performed legally at a facility that possesses an active EPA Establishment Number. Each manufacturer has indicated to EPA they will pick the packaged product up and relabel it if requested. We recommend you make this request of your manufacturer as soon as possible. Please note, no additional reporting is necessary if the product is returned to the manufacturer for them to perform the relabeling task. The materials to relabel the existing inventory in the field will start showing up at facilities in early December. We recommend you fully understand your responsibilities associated with relabeling before agreeing to perform the task. A special web feature has been developed for Asmark Institute clients to help report relabeled product. Click here for more detail.
Watch for EPA's Reminder on Pesticide-Production Reports
EPA has sent their reminder on PPRs and we want to remind you that if any of your locations receive this e-mail from EPA, please assure them that there is no action required on their part. What EPA is sending is simply a reminder to complete your Annual Pesticides Report for Pesticide Producing Establishments. We will file your annual report with EPA ahead of the March 1, 2018 deadline and send you a copy with tracking documentation to verify receipt. If you or your facilities have any questions, please contact Tiffany at 270-926-4600 Ext. 209.
OSHA AG-30 Course - 2018 Course Dates Announced!
Understanding OSHA's requirements will save your company money - but more importantly, it will reduce the number of injuries and it may even save lives. This highly popular training has been developed specifically for agribusiness and is designed for facility managers or assistant managers, safety and health coordinators, EHS staff and personnel with responsibilities for safety and health at the facility. We encourage at least one person per facility receive this training. Sign up today to reserve the class of your choice. Click here for more information or to register.
OSHA Compliance Chart
This handy chart will help answer a lot of questions you may have on the applicability of OSHA regulations, thresholds for reporting and penalty discounts based on the size of the organization.
1 employee
Triggers coverage under the OSH Act. Self employed persons are not covered, nor are family members working on family farms.
10 or fewer employees
- Exempt from injury and illness recordkeeping requirements.
- Can communicate Emergency Action and Fire Prevention Plans orally.
- Exempt from programmed inspections IF in certain low hazard industries.
- If a farm, exempt from all OSHA inspection activity.
1 - 10 employees
Eligible for up to a 70% discount in OSHA penalties.
11 - 25 employees
Eligible for up to a 60% discount in OSHA penalties.
26 - 100 employees
Eligible for up to a 30% discount in OSHA penalties.
101 - 250 employees
Eligible for up to a 10% discount in OSHA penalties.
250 or fewer
Eligible to participate in OSHA's SHARP program if fewer than 251 onsite employees and fewer than 500 corporate-wide employees. Eligible for OSHA's free consultation service.
250 or more (at one location)
Required to electronically submit detailed injury/illness summaries to OSHA on a quarterly basis starting in 2017.
OSHA Pushes Deadline to December 15, 2017 for Electronic Filing of Injury Reports
As part of OSHA's controversial "Improve Tracking of Workplace Injuries and Illnesses" rule, certain employers in high-risk industries, including agricultural retailers, must submit electronically their 2016 injury and illness data from OSHA Form 300A by December 15, 2017. This applies to each employer establishment - every single location where the company provides services or performs operations with at least 20 employees and no more than 249. Establishments must then submit their 2017 300A forms by July 1, 2018, and then annually by March 2nd thereafter. Establishments in any industry and with 250 employees or more have the same 300A December reporting obligation, but must submit OSHA Forms 300A, 300 and 301 for 2017 incidents by July 1, 2018, and then annually on March 2nd starting in 2019.
The first thing each company should do is determine which, if any, of their establishment locations meet the requirements for electronic submission. For each facility location that meets these requirements, it's recommended to manually enter the information into a web form. This is a very simple process and should take less than 30 minutes.
The OSHA website will ask for the NAICS Code or description of the establishment. OSHA asks for the "Primary" NAICS code entered for the establishment location. The "Primary" NAICS code is determined by which business endeavor earns the most revenue for the company. OSHA has transitioned from the old SIC code to the "new" NAICS code for several years now. Many may be familiar with their old SIC code but unfamiliar with their new NAICS code. Most NAICS code numbers have multiple job description entries associated with it. Here are the most prominent NAICS codes in our industry:
NAICS Code Agricultural Facilities
SIC
NAICS
Description
5191
424910
Retail or Wholesale Farm Center
This industry comprises establishments primarily engaged in the wholesaling farm supplies, such as animal feeds, fertilizers, agricultural chemicals, pesticides, plant seeds and plant bulbs.
2875
325314
Fertilizer Terminal
TThis industry is primarily engaged in mixing ingredients made elsewhere into fertilizers.
5153
424510
Grain Merchant Facility
This industry comprises establishments primarily engaged in the merchant wholesale distribution of grains, such as corn, wheat, oats, barley, and unpolished rice; dry beans; and soybeans and other inedible beans. Included in this industry are establishments primarily engaged in operating country or terminal grain elevators.
5171
424710
Petroleum Terminal
This industry comprises establishments with bulk liquid storage facilities primarily engaged in the merchant wholesale distribution of crude petroleum and petroleum products, including liquefied petroleum gas.
5984
454310
LP Gas/Propane Facility
This U.S. industry comprises establishments primarily engaged in retailing liquefied petroleum (LP) gas via direct selling.
5083
423820
Farm Equipment Dealership
This industry comprises establishments primarily engaged in the merchant wholesale distribution of specialized machinery, equipment, and related parts generally used in agricultural, farm, and lawn and garden activities.
2048
311119
Feed Mill
This U.S. industry comprises establishments primarily engaged in manufacturing animal food (except dog and cat) from ingredients, such as grains, oilseed mill products, and meat products.
111191
Farms
This industry comprises establishments engaged in growing a combination of oilseed(s) and grain(s) with no one oilseed (or family of oilseeds) or grain (or family of grains) accounting for one-half of the establishment's agricultural production (value of crops for market). These establishments may produce oilseed(s) and grain(s) seeds and/or grow oilseed(s) and grain(s).
OSHA has provided a secure website that offers three options for data submission. Users are able to manually enter data into a web form, upload a "CSV" file to process single or multiple establishments at the same time or receive data electronically via an "application programming interface" or API.
Companies with more than 10 employees having a facility location that did not incur any OSHA recordable injuries or illnesses during the calendar year are still required to complete the OSHA 300 Log and 300A Summary Form and keep them on file. At 20 or more employees, and even with no OSHA recordable injuries for the calendar year, electronic submittal is required to OSHA. Click here to access the OSHA website.
Heads Up! Tougher Physicals Ahead
A deadly crash involving a motor coach and tractor-trailer on October 23, 2016 was the result of combination of driver fatigue and inadequate transportation management near utility work, according to the National Transportation Safety Board (NTSB). NTSB's investigation led the agency to believe the crash, which occurred near Palm Springs, California, was due to multiple factors, including:
  • California Department of Transportation's inadequate transportation management plan for stopping highway traffic near utility work,
  • Fatigue related to undiagnosed obstructive sleep apnea, and
  • Inaction by a driver due to fatigue.
Key facts of the crash are as follows:
  • The accident occurred during the early-morning darkness of October 23, 2016 on Interstate 10.
  • The truck and other traffic had been stopped on the highway by police for utility work.
  • When traffic resumed, the truck did not move.
  • The motor coach struck the rear of the truck two minutes later, intruding about 13 feet into the truck trailer and pushing it 71 feet forward.
  • The motor coach was traveling at highway speed when it crashed into the stopped truck.
  • The motor coach driver and 12 motor coach passengers died.
According to NTSB, the hazardous situation was triggered when law enforcement did not detect the truck's lack of movement following the traffic break. As result, the motor coach driver was not given any warning of the potential for stopped traffic ahead.
Both drivers were likely fatigued according to NTSB. The medical qualifications of both drivers were found to be in question based on the following:
  • The truck driver, according to NTSB, did not proceed after the traffic stoppage because he most likely fell asleep. NTSB attributes the truck driver's fatigue to his undiagnosed, moderate-to-severe obstructive sleep apnea. The truck driver exhibited risk factors for the condition, but had not been tested for sleep apnea.
  • The motor coach driver may have been fatigued due to untreated diabetes, NTSB reports. As a result, the driver was unable to respond to the hazard ahead. Despite a positive glucose urine test during the driver's DOT physical examination, the certified medical examiner did not diagnose the condition or refer the driver for further testing.
Regulators are holding this case up as the standard for the industry with expectations the recommendations will reconstitute efforts on screening drivers for obstructive sleep apnea and more regimented DOT physicals.
DOT Grants 90-Day ELD Waiver....But Not For Everyone
DOT recently announced that it is granting a 90-day waiver from the Electronic Logging Device (ELD) rule that was set to go into effect December 17, 2017. The reason for the 90-day waiver is to give the agency time to consider a couple of exemption requests as well as clarify the 150-air mile radius exemption for agricultural commodities. While livestock feed is not considered an agricultural commodity by definition and does not qualify for the 90-day waiver, it does meet the definition of farm supplies and qualifies under the 150-air mile radius hours of service exemption.
There has been some confusion surrounding the 150-air mile radius hours of service exemption - on what hours are actually exempt from the hours of service rules (loaded miles, empty miles, loading and unloading time, etc). DOT is expected to release a guidance document on the 150-air mile radius exemption within the next few weeks. It's expected that the guidance document will clarify that all hours for trips inside the 150-air mile radius will qualify under the exemption. Drivers delivering livestock feed should only be required to log hours of service if they go beyond the 150-air mile radius. If you don't make deliveries outside of the 150-air mile radius, you would not be required to install ELDs.
The 90-day waiver will NOT include transporters of farm supplies according to Richard Gupton, Senior Vice President of Public Policy & Counsel for ARA. DOT's definitions within the hours of service regulations under 49 CFR 395.2 for agricultural commodity, livestock and farm supplies are posted below.
Farm supplies for agricultural purposes means products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each State, as determined by the State, and livestock feed at any time of the year.
Agricultural commodity means any agricultural commodity, nonprocessed food, feed, fiber or livestock (including livestock as defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471] and insects).
Livestock means cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of Agriculture that are part of a foundation herd (including dairy producing cattle) or offspring; or are purchased as part of a normal operation.
Babin Requests Delay to ELD Mandate
U.S. Representative Brian Babin (R-Texas) sent a letter to President Trump November 9th urging him to issue an Executive Order to delay Electronic Logging Device mandate, which is set to go into effect December 18, 2017.
"Millions of hard-working American truckers, farmers and small businesses need you to take immediate and decisive action to protect them from a massive new regulation that is scheduled to go into effect just 39 days from today. I am writing on their behalf with a plan to help you do just that," the letter states.
"Accordingly, I respectfully request that you issue an Executive Order as soon as possible, instructing the Secretary of Transportation to provide an immediate waiver for all trucking sectors and operations subject to this mandate, until such time as it can be certified that implementation will not cause economic or other harm to the millions who are subject to it." Click here to read the entire letter.
OSHA Releases First Interpretation on the Walking-Working Surfaces Rule
The final rule overhauling 29 CFR 1910 Subpart D, "Walking-Working Surfaces," became effective on January 17, 2017. Since that time, OSHA has provided little in the way of guidance or interpretations of the requirements, until now. A Letter of Interpretation (LOI) dated August 18, 2017, responds to several comments and requests from a representative of the National Association of Tower Erectors (NATE) specific to the telecommunications tower industry.
Overall, the LOI simply reaffirms the new requirements under Subpart D, as well as Subpart I, "Personal Protective Equipment. "OSHA did, however, agree with NATE's recommendation that the Agency follow ANSI/ASSE Z359.1-2007 for testing the requirements of connectors such as D-rings, snaphooks and carabiners. The final rule requires these connectors be tested to a "minimum tensile load" of 3,600 pounds without cracking, breaking or incurring permanent deformation and that the gate strength of snaphooks and carabiners be "proof tested" to 3,600 pounds in all directions. OSHA said it recognizes that the requirement in the final rule for "proof testing" the gate strength of snaphooks and carabiners is not consistent with ANSI/ASSE Z359.1 - 2007, which does not require manufacturers to proof test the gate of each snap hook and carabiner. OSHA is expected to publish a technical amendment correcting the regulation so it is consistent with the ANSI/ASSE standard.
Opioid Screening is Coming to Your DOT Drug Tests
Beginning on January 1, 2018, anyone taking a federally-mandated, DOT drug test will be tested for four additional substances. This change is designed to reflect the country's growing opiate epidemic by including some of today's most commonly prescribed and abused substances. Currently, the Department of Health & Human Services (HHS) mandates that urine specimens are tested for the following controlled substances for federal DOT purposes: Marijuana, Cocaine, Phencyclidine (PCP), Amphetamines / Methamphetamines, Opiates (Codeine, Morphine, Heroin) and MDMA (Ecstasy). In addition to these substances, the HHS has expanded the drug testing panel to include the semi-synthetic opioids such as Oxycodone, Oxymorphone, Hydrocodone and Hydromorphone. These are more commonly known as OxyContin, Percodan, Percocete and Vicodin. An individual who holds a valid medical prescription (and has been given the okay to perform safety-sensitive functions, such as driving) will be given the opportunity to present the prescription and prevent a positive test result.
Improvised Explosive Device Study Released
The National Academy of Sciences (NAS) recently released their report addressing improvised explosive device chemicals. The study, titled, "Reducing the Threat of Improvised Explosive Device Attacks by Restricting Access to Explosive Precursor Chemicals," may be found here. The study was commissioned by DHS over concerns that the charge given to the Department by Congress to create a security program for ammonium nitrate was too limited and that the threat environment around the world in regards to improvised explosive devices (IEDs) had changed appreciably since the mid-2000s.
The report is broken up into a series of chapters, the key portions of which are summarized below. As with many similar reports prepared by academics, it is full of recommendations for further study and contains few definitive programmatic or policy recommendations that could be readily converted into legislation or regulation. A key feature of the report is how NAS went about identifying and prioritizing chemicals for further consideration. They started with more than 80 discrete chemicals and ended up with a list of 28 priority chemicals, broken down into three classes, Classes A, B and C, with A presenting the most concern. The list of chemicals categorized by Class are below:
TABLE 2-2 Ranking of precursor chemicals into three groups.
Table 2-2
Please note for urea ammonium nitrate it indicates that the chemical has not been previously used as an IED. There was further clarification in the report regarding the classification of UAN, as follows:
"The decision to include urea ammonium nitrate (UAN) solution in Group A represents the only departure from a strict application of the committee's ranking principles. UAN is considered a relatively new product with limited geographical distribution, but commercially available. There is a well-documented history of explosive production from analogous urea-nitrate salt solutions used in Iraq.
While UAN has not been used historically to produce explosives, the ease of producing various explosives from nitrating urea solutions, as seen in Iraq, supports the notion of UAN as a future threat and justified its inclusion in Group A."
This does not appear to be a very accurate characterization for this fertilizer. Notably, one of the key criteria made by NAS to classify a chemical as a low risk was due to its "ubiquity." Urea was classified as such and therefore as low risk. UAN is similarly ubiquitous. It is not yet clear how the Department of Homeland Security will receive this report. One thing is clear, however, the report provides the Department with the support they desired to not implement a security program focused only on ammonium nitrate.
EPA, U.S. Army Move to Rescind 2015 "Waters of the U.S."
The EPA, Department of Army, and Army Corps of Engineers (the agencies), are proposing a rule to rescind the Clean Water Rule and re-codify the regulatory text that existed prior to 2015 defining "waters of the United States" or WOTUS. This action would, when finalized, provide certainty in the interim, pending a second rulemaking in which the agencies will engage in a substantive re-evaluation of the definition of "waters of the United States." The proposed rule would be implemented in accordance with Supreme Court decisions, agency guidance and longstanding practice.
"We are taking significant action to return power to the states and provide regulatory certainty to our nation's farmers and businesses," said U.S. EPA Administrator Scott Pruitt. "This is the first step in the two-step process to redefine 'waters of the U.S.' and we are committed to moving through this re-evaluation to quickly provide regulatory certainty, in a way that is thoughtful, transparent and collaborative with other agencies and the public."
This proposed rule follows the February 28, 2017, Presidential Executive Order on "Restoring the Rule of Law, Federalism and Economic Growth by Reviewing the 'Waters of the United States' Rule." The February Order states that it is in the national interest to ensure that the Nation's navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty and showing due regard for the roles of Congress and the States under the Constitution. To meet these objectives, the agencies intend to follow an expeditious, two-step process that will provide certainty across the country.
The proposed rule would recodify the identical regulatory text that was in place prior to the 2015 Clean Water Rule and that is currently in place as a result of the U.S. Court of Appeals for the Sixth Circuit's stay of the 2015 rule. Therefore, this action, when final, will not change current practice with respect to how the definition applies.
Dicamba Training in Illinois - Check Out the New Website
The new labels for Engenia, XtendiMax and FeXapan require that applicators be certified in order to purchase these products and receive specific dicamba training in order to apply these products in 2018. The Illinois Fertilizer and Chemical Association (IFCA) has developed and launched an Illinois Dicamba Training website that provides resources to help facilitate this training for members, and for private applicators. The website features an explanation of the new requirements, a Frequently Asked Questions page, a Resource page with labels, a recordkeeping form and other helpful guidance documents, a calendar of available training venues and the ability to register on-line for these training events. Click here to check out the new website.
Notice for All Indiana Restricted Use Pesticide Dealers
A notice is being mailed from the Office of the Indiana State Chemist (OISC) to all registered Restricted Use Pesticide Dealers (vendors/retailers/distributors) that sell RUPs to Indiana end users (applicators). The State Chemist is interested in providing this special notice to dealers/retailers who may sell agricultural dicamba pesticides to Indiana farmers and custom applicators, but are not already RUP dealers. The State Chemist is working on a second notice that is intended to announce the requirements and details for mandatory training for any applicator that wants to use Engenia, XtendiMax or FeXapan Herbicide in 2018. Click here to review the notice.
OSHA Proposes Over $1.8 Million in Fines After Fatal Grain Dust Explosion
OSHA has proposed $1,837,861 in fines against a Wisconsin milling company following a May 31, 2017, explosion that killed five workers and injured 12 others, including a 21-year-old employee who suffered a double leg amputation after being crushed by a railcar. OSHA found that the explosion likely resulted from the company's failure to correct the leakage and accumulation of highly combustible grain dust throughout the facility and to properly maintain equipment to control ignition sources. OSHA cited the facility with 14 willful - including eight willful per-instance egregious - and five serious citations, most involving fire and explosion hazards. The company has been placed in OSHA's Severe Violator Enforcement Program.
OSHA Fines Co-Op $373K After Worker Trapped in Grain Bin
OSHA has issued fines totaling $373,911 Wednesday to a Nebraska grain cooperative for violations after a worker became trapped in a grain bin last May. OSHA cited the Raymond, NE elevator with two willful, one repeat and four serious violations of its grain handling rules and selected the company for its Severe Violator Enforcement Program. On May 4th, a worker was cleaning soybean clumps in a grain bin while an auger was operational. The shifting material in the container led the worker to fall. As the auger rotated, the soybeans partially engulfed the worker. They were later removed by rescue crews. "It is well known throughout the industry that entering a bin is extremely dangerous, especially while the auger is operating," OSHA Regional Administrator Kimberly Stille in Kansas City said in a statement. "Entering a storage bin should always be avoided - if at all possible."
New PHMSA Administrator Sworn In
The Pipeline and Hazardous Materials Safety Administration (PHMSA) officially has new leadership. Howard "Skip" Elliott was sworn in as Administrator by Secretary Elaine L. Chao at the U.S. Department of Transportation headquarters. Elliot comes to the agency following his recent retirement from CSX Transportation in Jacksonville, FL, where he held the title of Vice President of Public Safety, Health, Environment, and Security. His role at CSX Transportation offered experience in hazardous materials, transportation safety, homeland security, railroad policing, crisis management, environmental compliance and operations, occupational health management and continuity of business operations.
Goldman Economists Expect 4 Interest Rate Hikes in 2018
Normalizing inflation and a strong labor market will prompt the Federal Reserve to raise interest rates four times next year, Goldman Sachs economists predict, topping Wall Street expectations for three increases.
State Labor Law Poster Updates
CALIFORNIA
OSHA, Sexual Harassment, and Transgender Rights (Effective date: January, 2018)
  • a link has been added near the top for the Cal/OSHA standards
  • some text has been arbitrarily reworded though the meaning remains the same
  • some clarifying and/or specifying text has been added in places - rather than detail the myriad of changes, the employer and employees should read the entire notice as they need to be thoroughly aware of it
  • contact information for the District Offices have added Long Beach and Monrovia, and removed Van Nuys
  • contact information for a Consultation Region Office has been added in Fresno
  • the telephone number for the US Department of Labor at the bottom of the notice has changed
Sexual Harassment and Transgender Rights are being added to the All-In-One poster. Both notices provide definitions and guidelines. Projected availability for shipping: The week of December 4th. This is a substantive change and an updated California V8.0 poster is required. Click here to order.
MINNESOTA
Age Discrimination, Minimum Wage, OSHA, and Workers' Compensation (Effective date: October, 2017)
  • Age Discrimination - The text has been consolidated, exceptions are mentioned though details must be acquired from the Department of Labor and Industry, and contact information has been updated.
  • Minimum Wage - As of January 1st, 2018, Large employer ($500k revenue or more) rate will be $9.65 an hour and the Small Employer (less than $500k revenue), Training Wage, Youth Wage, and J-1 Visa rate will be $7.87 an hour.
  • OSHA - The only change was the removal of the physical address at the bottom of the notice
  • Workers' Compensation - The only change was the removal of the physical address at the bottom of the notice.
Projected availability for shipping: The week of November 27th. This will be a substantive change and an updated Minnesota V5.0 poster will be required once it becomes available. Click here to order.
FLORIDA
Minimum Wage (Effective date: January, 2018) - The new rate is $8.25 per hour and $5.23 per hour for tipped employees, in addition to tips. Projected availability for shipping: The week of November 6th. This is a substantive change and an updated Florida V8.0 poster is required. Click here to order.
NEW JERSEY
Minimum Wage (Effective date: January, 2018) - The new rate is $8.60 per hour. Projected availability for shipping: The week of November 13th. This is a substantive change and an updated New Jersey V8.0 poster is required. Click here to order.
NEW YORK
Minimum Wage and Paid Family Leave (Effective date: January, 2018) - New York has posted data on their web site regarding the new wages for 2018 but has not released an official notice. Typically they do so in December of each year. Therefore, we will await the release before updating our All-In-One poster in case any other notice changes within that time. Since the Minimum Wage change is not effective until January 2018, current posters will remain compliant for the rest of 2017.
Their web site has this to say regarding Paid Family Leave:
  • Your insurance carrier will provide a Notice of Compliance stating you have Paid Family Leave insurance
  • If you are self-insured, you can get this notice by contacting the Board at certificates@web.ny.gov to obtain the required notice which is not available on this web site.
  • Post and maintain this notice in a conspicuous place, like what is required for Workers' Compensation and Disability Insurance coverage.
Therefore, Paid Family Leave will not be included on the All-In-One nor will it be provided as a standalone. Projected availability for shipping: The week of November 13th. This will be a substantive change and an updated New York V6.0 poster will be required once it becomes available. Click here to order.
WISCONSIN
Unemployment Insurance (Effective date: October, 2017) - A blank box has been added for the employer to fill in their Business Name and Address. Also, the 608 area code phone number was removed. Projected availability for shipping: The week of November 6th. This is a substantive change and an updated Wisconsin V5.0 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.
Season's Greetings!
As we enter into the holiday season, all of us at the Asmark Institute would like to wish you and your families a very Merry Christmas and a safe and prosperous New Year. We appreciate the relationship that has been developed between our organizations over the years and especially the opportunity to have worked with you in 2017!
Annual Compliance Visit Reminder: December 29, 2017
As a friendly reminder, please make note of the deadline to have completed your annual compliance visit.
Asmus Farm Supply
Congratulations to Asmus Farm Supply!
The Agricultural Retailers Association (ARA) has named Asmus Farm Supply the 2017 Retailer of the Year. Harlan and Amy Asmus have grown the business from one location to five, and have become well-known and respected industry leaders. Sons Holden and Garrett are now involved, as is Holden's wife Billie. The ARA Retailer of the Year Award is a recognized symbol of quality and prestige within the industry that honors an ag retailer who represents the best of the best. Congratulations to the Asmus team!
Congratulations to Randy Stookey!
Randy Stookey
The Kansas Grain and Feed Association (KGFA) recently announced the promotion of Randy Stookey to general counsel and senior vice president of government affairs. Stookey has been general counsel for Kansas Agribusiness Retailers Association under its management contract with KGFA since 2011. "Randy's promotion to senior vice president recognizes his commitment and dedication to KGFA and its affiliated associations," KARA president and CEO Tom Tunnell said. "His past job performance has been exemplary and he has proved himself to be a committed association advocate."
New Twist with the Dicamba Products
Earlier this fall EPA imposed new requirements on Engenia, FeXapan and XtendiMax for 2018. This week we learned that the changes require each container (package, minibulk and bulk tank) to be relabeled with the 2018 information. EPA considers relabeling of these products to be repackaging, and if performed at one of your facilities, it will need to be included on their 2017 Pesticide Production Report. Relabeling can only be performed legally at a facility that possesses an active EPA Establishment Number. Each manufacturer has indicated to EPA they will pick the packaged product up and relabel it if requested. We recommend you make this request of your manufacturer as soon as possible. Please note, no additional reporting is necessary if the product is returned to the manufacturer for them to perform the relabeling task. The materials to relabel the existing inventory in the field will start showing up at facilities in early December. We recommend you fully understand your responsibilities associated with relabeling before agreeing to perform the task. A special web feature has been developed for Asmark Institute clients to help report relabeled product. Click here for more detail.
Watch for EPA's Reminder on Pesticide-Production Reports
EPA has sent their reminder on PPRs and we want to remind you that if any of your locations receive this e-mail from EPA, please assure them that there is no action required on their part. What EPA is sending is simply a reminder to complete your Annual Pesticides Report for Pesticide Producing Establishments. We will file your annual report with EPA ahead of the March 1, 2018 deadline and send you a copy with tracking documentation to verify receipt. If you or your facilities have any questions, please contact Tiffany at 270-926-4600 Ext. 209.
OSHA AG-30 Course - 2018 Course Dates Announced!
Understanding OSHA's requirements will save your company money - but more importantly, it will reduce the number of injuries and it may even save lives. This highly popular training has been developed specifically for agribusiness and is designed for facility managers or assistant managers, safety and health coordinators, EHS staff and personnel with responsibilities for safety and health at the facility. We encourage at least one person per facility receive this training. Sign up today to reserve the class of your choice. Click here for more information or to register.
OSHA Compliance Chart
This handy chart will help answer a lot of questions you may have on the applicability of OSHA regulations, thresholds for reporting and penalty discounts based on the size of the organization.
1 employee
Triggers coverage under the OSH Act. Self employed persons are not covered, nor are family members working on family farms.
10 or fewer employees
- Exempt from injury and illness recordkeeping requirements.
- Can communicate Emergency Action and Fire Prevention Plans orally.
- Exempt from programmed inspections IF in certain low hazard industries.
- If a farm, exempt from all OSHA inspection activity.
1 - 10 employees
Eligible for up to a 70% discount in OSHA penalties.
11 - 25 employees
Eligible for up to a 60% discount in OSHA penalties.
26 - 100 employees
Eligible for up to a 30% discount in OSHA penalties.
101 - 250 employees
Eligible for up to a 10% discount in OSHA penalties.
250 or fewer
Eligible to participate in OSHA's SHARP program if fewer than 251 onsite employees and fewer than 500 corporate-wide employees. Eligible for OSHA's free consultation service.
250 or more (at one location)
Required to electronically submit detailed injury/illness summaries to OSHA on a quarterly basis starting in 2017.
OSHA Pushes Deadline to December 15, 2017 for Electronic Filing of Injury Reports
As part of OSHA's controversial "Improve Tracking of Workplace Injuries and Illnesses" rule, certain employers in high-risk industries, including agricultural retailers, must submit electronically their 2016 injury and illness data from OSHA Form 300A by December 15, 2017. This applies to each employer establishment - every single location where the company provides services or performs operations with at least 20 employees and no more than 249. Establishments must then submit their 2017 300A forms by July 1, 2018, and then annually by March 2nd thereafter. Establishments in any industry and with 250 employees or more have the same 300A December reporting obligation, but must submit OSHA Forms 300A, 300 and 301 for 2017 incidents by July 1, 2018, and then annually on March 2nd starting in 2019.
The first thing each company should do is determine which, if any, of their establishment locations meet the requirements for electronic submission. For each facility location that meets these requirements, it's recommended to manually enter the information into a web form. This is a very simple process and should take less than 30 minutes.
The OSHA website will ask for the NAICS Code or description of the establishment. OSHA asks for the "Primary" NAICS code entered for the establishment location. The "Primary" NAICS code is determined by which business endeavor earns the most revenue for the company. OSHA has transitioned from the old SIC code to the "new" NAICS code for several years now. Many may be familiar with their old SIC code but unfamiliar with their new NAICS code. Most NAICS code numbers have multiple job description entries associated with it. Here are the most prominent NAICS codes in our industry:
NAICS Code Agricultural Facilities
SIC
NAICS
Description
5191
424910
Retail or Wholesale Farm Center
This industry comprises establishments primarily engaged in the wholesaling farm supplies, such as animal feeds, fertilizers, agricultural chemicals, pesticides, plant seeds and plant bulbs.
2875
325314
Fertilizer Terminal
TThis industry is primarily engaged in mixing ingredients made elsewhere into fertilizers.
5153
424510
Grain Merchant Facility
This industry comprises establishments primarily engaged in the merchant wholesale distribution of grains, such as corn, wheat, oats, barley, and unpolished rice; dry beans; and soybeans and other inedible beans. Included in this industry are establishments primarily engaged in operating country or terminal grain elevators.
5171
424710
Petroleum Terminal
This industry comprises establishments with bulk liquid storage facilities primarily engaged in the merchant wholesale distribution of crude petroleum and petroleum products, including liquefied petroleum gas.
5984
454310
LP Gas/Propane Facility
This U.S. industry comprises establishments primarily engaged in retailing liquefied petroleum (LP) gas via direct selling.
5083
423820
Farm Equipment Dealership
This industry comprises establishments primarily engaged in the merchant wholesale distribution of specialized machinery, equipment, and related parts generally used in agricultural, farm, and lawn and garden activities.
2048
311119
Feed Mill
This U.S. industry comprises establishments primarily engaged in manufacturing animal food (except dog and cat) from ingredients, such as grains, oilseed mill products, and meat products.
111191
Farms
This industry comprises establishments engaged in growing a combination of oilseed(s) and grain(s) with no one oilseed (or family of oilseeds) or grain (or family of grains) accounting for one-half of the establishment's agricultural production (value of crops for market). These establishments may produce oilseed(s) and grain(s) seeds and/or grow oilseed(s) and grain(s).
OSHA has provided a secure website that offers three options for data submission. Users are able to manually enter data into a web form, upload a "CSV" file to process single or multiple establishments at the same time or receive data electronically via an "application programming interface" or API.
Companies with more than 10 employees having a facility location that did not incur any OSHA recordable injuries or illnesses during the calendar year are still required to complete the OSHA 300 Log and 300A Summary Form and keep them on file. At 20 or more employees, and even with no OSHA recordable injuries for the calendar year, electronic submittal is required to OSHA. Click here to access the OSHA website.
Heads Up! Tougher Physicals Ahead
A deadly crash involving a motor coach and tractor-trailer on October 23, 2016 was the result of combination of driver fatigue and inadequate transportation management near utility work, according to the National Transportation Safety Board (NTSB). NTSB's investigation led the agency to believe the crash, which occurred near Palm Springs, California, was due to multiple factors, including:
  • California Department of Transportation's inadequate transportation management plan for stopping highway traffic near utility work,
  • Fatigue related to undiagnosed obstructive sleep apnea, and
  • Inaction by a driver due to fatigue.
Key facts of the crash are as follows:
  • The accident occurred during the early-morning darkness of October 23, 2016 on Interstate 10.
  • The truck and other traffic had been stopped on the highway by police for utility work.
  • When traffic resumed, the truck did not move.
  • The motor coach struck the rear of the truck two minutes later, intruding about 13 feet into the truck trailer and pushing it 71 feet forward.
  • The motor coach was traveling at highway speed when it crashed into the stopped truck.
  • The motor coach driver and 12 motor coach passengers died.
According to NTSB, the hazardous situation was triggered when law enforcement did not detect the truck's lack of movement following the traffic break. As result, the motor coach driver was not given any warning of the potential for stopped traffic ahead.
Both drivers were likely fatigued according to NTSB. The medical qualifications of both drivers were found to be in question based on the following:
  • The truck driver, according to NTSB, did not proceed after the traffic stoppage because he most likely fell asleep. NTSB attributes the truck driver's fatigue to his undiagnosed, moderate-to-severe obstructive sleep apnea. The truck driver exhibited risk factors for the condition, but had not been tested for sleep apnea.
  • The motor coach driver may have been fatigued due to untreated diabetes, NTSB reports. As a result, the driver was unable to respond to the hazard ahead. Despite a positive glucose urine test during the driver's DOT physical examination, the certified medical examiner did not diagnose the condition or refer the driver for further testing.
Regulators are holding this case up as the standard for the industry with expectations the recommendations will reconstitute efforts on screening drivers for obstructive sleep apnea and more regimented DOT physicals.
DOT Grants 90-Day ELD Waiver....But Not For Everyone
DOT recently announced that it is granting a 90-day waiver from the Electronic Logging Device (ELD) rule that was set to go into effect December 17, 2017. The reason for the 90-day waiver is to give the agency time to consider a couple of exemption requests as well as clarify the 150-air mile radius exemption for agricultural commodities. While livestock feed is not considered an agricultural commodity by definition and does not qualify for the 90-day waiver, it does meet the definition of farm supplies and qualifies under the 150-air mile radius hours of service exemption.
There has been some confusion surrounding the 150-air mile radius hours of service exemption - on what hours are actually exempt from the hours of service rules (loaded miles, empty miles, loading and unloading time, etc). DOT is expected to release a guidance document on the 150-air mile radius exemption within the next few weeks. It's expected that the guidance document will clarify that all hours for trips inside the 150-air mile radius will qualify under the exemption. Drivers delivering livestock feed should only be required to log hours of service if they go beyond the 150-air mile radius. If you don't make deliveries outside of the 150-air mile radius, you would not be required to install ELDs.
The 90-day waiver will NOT include transporters of farm supplies according to Richard Gupton, Senior Vice President of Public Policy & Counsel for ARA. DOT's definitions within the hours of service regulations under 49 CFR 395.2 for agricultural commodity, livestock and farm supplies are posted below.
Farm supplies for agricultural purposes means products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each State, as determined by the State, and livestock feed at any time of the year.
Agricultural commodity means any agricultural commodity, nonprocessed food, feed, fiber or livestock (including livestock as defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471] and insects).
Livestock means cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of Agriculture that are part of a foundation herd (including dairy producing cattle) or offspring; or are purchased as part of a normal operation.
Babin Requests Delay to ELD Mandate
U.S. Representative Brian Babin (R-Texas) sent a letter to President Trump November 9th urging him to issue an Executive Order to delay Electronic Logging Device mandate, which is set to go into effect December 18, 2017.
"Millions of hard-working American truckers, farmers and small businesses need you to take immediate and decisive action to protect them from a massive new regulation that is scheduled to go into effect just 39 days from today. I am writing on their behalf with a plan to help you do just that," the letter states.
"Accordingly, I respectfully request that you issue an Executive Order as soon as possible, instructing the Secretary of Transportation to provide an immediate waiver for all trucking sectors and operations subject to this mandate, until such time as it can be certified that implementation will not cause economic or other harm to the millions who are subject to it." Click here to read the entire letter.
OSHA Releases First Interpretation on the Walking-Working Surfaces Rule
The final rule overhauling 29 CFR 1910 Subpart D, "Walking-Working Surfaces," became effective on January 17, 2017. Since that time, OSHA has provided little in the way of guidance or interpretations of the requirements, until now. A Letter of Interpretation (LOI) dated August 18, 2017, responds to several comments and requests from a representative of the National Association of Tower Erectors (NATE) specific to the telecommunications tower industry.
Overall, the LOI simply reaffirms the new requirements under Subpart D, as well as Subpart I, "Personal Protective Equipment. "OSHA did, however, agree with NATE's recommendation that the Agency follow ANSI/ASSE Z359.1-2007 for testing the requirements of connectors such as D-rings, snaphooks and carabiners. The final rule requires these connectors be tested to a "minimum tensile load" of 3,600 pounds without cracking, breaking or incurring permanent deformation and that the gate strength of snaphooks and carabiners be "proof tested" to 3,600 pounds in all directions. OSHA said it recognizes that the requirement in the final rule for "proof testing" the gate strength of snaphooks and carabiners is not consistent with ANSI/ASSE Z359.1 - 2007, which does not require manufacturers to proof test the gate of each snap hook and carabiner. OSHA is expected to publish a technical amendment correcting the regulation so it is consistent with the ANSI/ASSE standard.
Opioid Screening is Coming to Your DOT Drug Tests
Beginning on January 1, 2018, anyone taking a federally-mandated, DOT drug test will be tested for four additional substances. This change is designed to reflect the country's growing opiate epidemic by including some of today's most commonly prescribed and abused substances. Currently, the Department of Health & Human Services (HHS) mandates that urine specimens are tested for the following controlled substances for federal DOT purposes: Marijuana, Cocaine, Phencyclidine (PCP), Amphetamines / Methamphetamines, Opiates (Codeine, Morphine, Heroin) and MDMA (Ecstasy). In addition to these substances, the HHS has expanded the drug testing panel to include the semi-synthetic opioids such as Oxycodone, Oxymorphone, Hydrocodone and Hydromorphone. These are more commonly known as OxyContin, Percodan, Percocete and Vicodin. An individual who holds a valid medical prescription (and has been given the okay to perform safety-sensitive functions, such as driving) will be given the opportunity to present the prescription and prevent a positive test result.
Improvised Explosive Device Study Released
The National Academy of Sciences (NAS) recently released their report addressing improvised explosive device chemicals. The study, titled, "Reducing the Threat of Improvised Explosive Device Attacks by Restricting Access to Explosive Precursor Chemicals," may be found here. The study was commissioned by DHS over concerns that the charge given to the Department by Congress to create a security program for ammonium nitrate was too limited and that the threat environment around the world in regards to improvised explosive devices (IEDs) had changed appreciably since the mid-2000s.
The report is broken up into a series of chapters, the key portions of which are summarized below. As with many similar reports prepared by academics, it is full of recommendations for further study and contains few definitive programmatic or policy recommendations that could be readily converted into legislation or regulation. A key feature of the report is how NAS went about identifying and prioritizing chemicals for further consideration. They started with more than 80 discrete chemicals and ended up with a list of 28 priority chemicals, broken down into three classes, Classes A, B and C, with A presenting the most concern. The list of chemicals categorized by Class are below:
TABLE 2-2 Ranking of precursor chemicals into three groups.
Table 2-2
Please note for urea ammonium nitrate it indicates that the chemical has not been previously used as an IED. There was further clarification in the report regarding the classification of UAN, as follows:
"The decision to include urea ammonium nitrate (UAN) solution in Group A represents the only departure from a strict application of the committee's ranking principles. UAN is considered a relatively new product with limited geographical distribution, but commercially available. There is a well-documented history of explosive production from analogous urea-nitrate salt solutions used in Iraq.
While UAN has not been used historically to produce explosives, the ease of producing various explosives from nitrating urea solutions, as seen in Iraq, supports the notion of UAN as a future threat and justified its inclusion in Group A."
This does not appear to be a very accurate characterization for this fertilizer. Notably, one of the key criteria made by NAS to classify a chemical as a low risk was due to its "ubiquity." Urea was classified as such and therefore as low risk. UAN is similarly ubiquitous. It is not yet clear how the Department of Homeland Security will receive this report. One thing is clear, however, the report provides the Department with the support they desired to not implement a security program focused only on ammonium nitrate.
EPA, U.S. Army Move to Rescind 2015 "Waters of the U.S."
The EPA, Department of Army, and Army Corps of Engineers (the agencies), are proposing a rule to rescind the Clean Water Rule and re-codify the regulatory text that existed prior to 2015 defining "waters of the United States" or WOTUS. This action would, when finalized, provide certainty in the interim, pending a second rulemaking in which the agencies will engage in a substantive re-evaluation of the definition of "waters of the United States." The proposed rule would be implemented in accordance with Supreme Court decisions, agency guidance and longstanding practice.
"We are taking significant action to return power to the states and provide regulatory certainty to our nation's farmers and businesses," said U.S. EPA Administrator Scott Pruitt. "This is the first step in the two-step process to redefine 'waters of the U.S.' and we are committed to moving through this re-evaluation to quickly provide regulatory certainty, in a way that is thoughtful, transparent and collaborative with other agencies and the public."
This proposed rule follows the February 28, 2017, Presidential Executive Order on "Restoring the Rule of Law, Federalism and Economic Growth by Reviewing the 'Waters of the United States' Rule." The February Order states that it is in the national interest to ensure that the Nation's navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty and showing due regard for the roles of Congress and the States under the Constitution. To meet these objectives, the agencies intend to follow an expeditious, two-step process that will provide certainty across the country.
The proposed rule would recodify the identical regulatory text that was in place prior to the 2015 Clean Water Rule and that is currently in place as a result of the U.S. Court of Appeals for the Sixth Circuit's stay of the 2015 rule. Therefore, this action, when final, will not change current practice with respect to how the definition applies.
Dicamba Training in Illinois - Check Out the New Website
The new labels for Engenia, XtendiMax and FeXapan require that applicators be certified in order to purchase these products and receive specific dicamba training in order to apply these products in 2018. The Illinois Fertilizer and Chemical Association (IFCA) has developed and launched an Illinois Dicamba Training website that provides resources to help facilitate this training for members, and for private applicators. The website features an explanation of the new requirements, a Frequently Asked Questions page, a Resource page with labels, a recordkeeping form and other helpful guidance documents, a calendar of available training venues and the ability to register on-line for these training events. Click here to check out the new website.
Notice for All Indiana Restricted Use Pesticide Dealers
A notice is being mailed from the Office of the Indiana State Chemist (OISC) to all registered Restricted Use Pesticide Dealers (vendors/retailers/distributors) that sell RUPs to Indiana end users (applicators). The State Chemist is interested in providing this special notice to dealers/retailers who may sell agricultural dicamba pesticides to Indiana farmers and custom applicators, but are not already RUP dealers. The State Chemist is working on a second notice that is intended to announce the requirements and details for mandatory training for any applicator that wants to use Engenia, XtendiMax or FeXapan Herbicide in 2018. Click here to review the notice.
OSHA Proposes Over $1.8 Million in Fines After Fatal Grain Dust Explosion
OSHA has proposed $1,837,861 in fines against a Wisconsin milling company following a May 31, 2017, explosion that killed five workers and injured 12 others, including a 21-year-old employee who suffered a double leg amputation after being crushed by a railcar. OSHA found that the explosion likely resulted from the company's failure to correct the leakage and accumulation of highly combustible grain dust throughout the facility and to properly maintain equipment to control ignition sources. OSHA cited the facility with 14 willful - including eight willful per-instance egregious - and five serious citations, most involving fire and explosion hazards. The company has been placed in OSHA's Severe Violator Enforcement Program.
OSHA Fines Co-Op $373K After Worker Trapped in Grain Bin
OSHA has issued fines totaling $373,911 Wednesday to a Nebraska grain cooperative for violations after a worker became trapped in a grain bin last May. OSHA cited the Raymond, NE elevator with two willful, one repeat and four serious violations of its grain handling rules and selected the company for its Severe Violator Enforcement Program. On May 4th, a worker was cleaning soybean clumps in a grain bin while an auger was operational. The shifting material in the container led the worker to fall. As the auger rotated, the soybeans partially engulfed the worker. They were later removed by rescue crews. "It is well known throughout the industry that entering a bin is extremely dangerous, especially while the auger is operating," OSHA Regional Administrator Kimberly Stille in Kansas City said in a statement. "Entering a storage bin should always be avoided - if at all possible."
New PHMSA Administrator Sworn In
The Pipeline and Hazardous Materials Safety Administration (PHMSA) officially has new leadership. Howard "Skip" Elliott was sworn in as Administrator by Secretary Elaine L. Chao at the U.S. Department of Transportation headquarters. Elliot comes to the agency following his recent retirement from CSX Transportation in Jacksonville, FL, where he held the title of Vice President of Public Safety, Health, Environment, and Security. His role at CSX Transportation offered experience in hazardous materials, transportation safety, homeland security, railroad policing, crisis management, environmental compliance and operations, occupational health management and continuity of business operations.
Goldman Economists Expect 4 Interest Rate Hikes in 2018
Normalizing inflation and a strong labor market will prompt the Federal Reserve to raise interest rates four times next year, Goldman Sachs economists predict, topping Wall Street expectations for three increases.
State Labor Law Poster Updates
CALIFORNIA
OSHA, Sexual Harassment, and Transgender Rights (Effective date: January, 2018)
  • a link has been added near the top for the Cal/OSHA standards
  • some text has been arbitrarily reworded though the meaning remains the same
  • some clarifying and/or specifying text has been added in places - rather than detail the myriad of changes, the employer and employees should read the entire notice as they need to be thoroughly aware of it
  • contact information for the District Offices have added Long Beach and Monrovia, and removed Van Nuys
  • contact information for a Consultation Region Office has been added in Fresno
  • the telephone number for the US Department of Labor at the bottom of the notice has changed
Sexual Harassment and Transgender Rights are being added to the All-In-One poster. Both notices provide definitions and guidelines. Projected availability for shipping: The week of December 4th. This is a substantive change and an updated California V8.0 poster is required. Click here to order.
MINNESOTA
Age Discrimination, Minimum Wage, OSHA, and Workers' Compensation (Effective date: October, 2017)
  • Age Discrimination - The text has been consolidated, exceptions are mentioned though details must be acquired from the Department of Labor and Industry, and contact information has been updated.
  • Minimum Wage - As of January 1st, 2018, Large employer ($500k revenue or more) rate will be $9.65 an hour and the Small Employer (less than $500k revenue), Training Wage, Youth Wage, and J-1 Visa rate will be $7.87 an hour.
  • OSHA - The only change was the removal of the physical address at the bottom of the notice
  • Workers' Compensation - The only change was the removal of the physical address at the bottom of the notice.
Projected availability for shipping: The week of November 27th. This will be a substantive change and an updated Minnesota V5.0 poster will be required once it becomes available. Click here to order.
FLORIDA
Minimum Wage (Effective date: January, 2018) - The new rate is $8.25 per hour and $5.23 per hour for tipped employees, in addition to tips. Projected availability for shipping: The week of November 6th. This is a substantive change and an updated Florida V8.0 poster is required. Click here to order.
NEW JERSEY
Minimum Wage (Effective date: January, 2018) - The new rate is $8.60 per hour. Projected availability for shipping: The week of November 13th. This is a substantive change and an updated New Jersey V8.0 poster is required. Click here to order.
NEW YORK
Minimum Wage and Paid Family Leave (Effective date: January, 2018) - New York has posted data on their web site regarding the new wages for 2018 but has not released an official notice. Typically they do so in December of each year. Therefore, we will await the release before updating our All-In-One poster in case any other notice changes within that time. Since the Minimum Wage change is not effective until January 2018, current posters will remain compliant for the rest of 2017.
Their web site has this to say regarding Paid Family Leave:
  • Your insurance carrier will provide a Notice of Compliance stating you have Paid Family Leave insurance
  • If you are self-insured, you can get this notice by contacting the Board at certificates@web.ny.gov to obtain the required notice which is not available on this web site.
  • Post and maintain this notice in a conspicuous place, like what is required for Workers' Compensation and Disability Insurance coverage.
Therefore, Paid Family Leave will not be included on the All-In-One nor will it be provided as a standalone. Projected availability for shipping: The week of November 13th. This will be a substantive change and an updated New York V6.0 poster will be required once it becomes available. Click here to order.
WISCONSIN
Unemployment Insurance (Effective date: October, 2017) - A blank box has been added for the employer to fill in their Business Name and Address. Also, the 608 area code phone number was removed. Projected availability for shipping: The week of November 6th. This is a substantive change and an updated Wisconsin V5.0 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.