Vol. 35, No. 6 June 2006
In This Issue
Permanent
Heat-Illness Standard Adopted
Heat-Stress Card Available
New Workers' Comp
Pre-designation Rules
IWC Revived to Hike Minimum Wage
OSHA Lists Most-Violated
Standards in 2005
Tips for Responding to
Immigration Agents
DHS Proposes Work Site
Enforcement Rules
Better-Performing Temp Likely
May Not Replace Employee on Disability Leave
Trends in U.S. Immigration 1992
- 2004
Drowning Concern for Youth
Safety Sheet: Bites and Stings from Insects
Bites
and Stings from Insects Spanish
Permanent Heat-Illness Standard Adopted
At its meeting in Sacramento on June 15, the California Occupational Safety and Health Standards Board voted 6-0 to adopt a proposed permanent regulation to prevent heat illness in employees working outdoors. The regulation will go into effect upon its approval by the state Office of Administrative Law (OAL).
Like emergency regulation the Standards Board adopted last August, the permanent standard requires employers to provide outdoor employees with drinking water, access to shade, and heat-illness training.
Drinking Water: Where the supply of water is not plumbed or otherwise continuously supplied, an employer must either have on hand one quart of drinking water per hour per employee at the start of a shift or show that procedures were in place to replenish the water supply to enable each employee to drink that much water. Further, an employer must stress the importance of frequent water consumption.
Shade: An employer must provide employees suffering from heat illness or who believe they need time to recover from heat exposure to prevent the onset of heat illness with access to cooling shade for at least five minutes. Except for employers in the agriculture industry, cooling measures other than shade (e.g., use of misting machines) may be provided in lieu of shade if the employer can demonstrate that these measures are at least as effective as shade in allowing employees to cool.
Training: Employers must educate covered employees and their supervisors on ways to avoid heat illness and steps to take if it nonetheless occurs. Employers must train all outdoor employees in:
The environmental risk factors for heat illness
The personal risk factors for heat illness
The importance of:
Frequently drinking small amounts of water
Acclimatization
Immediately reporting to their employer or supervisor symptoms or signs of heat illness in themselves or co-workers
The different types of heat illness and its common signs and symptoms
The employer's procedures for:
Complying with the heat-illness standard's requirements
Responding to possible heat illness, including how emergency medical services (EMS) will be provided
Contacting an EMS provider and, if necessary, for moving employees to where the EMS provider can reach them
Ensuring the EMS provider will receive good directions to the work site
These procedures must be in writing and made available upon request to employees and Cal/OSHA inspectors.
In addition, employers must train supervisors in the procedures to follow:
To implement these provisions
When an employee shows symptoms of possible heat-illness symptoms, including emergency response procedures.
A sample heat-illness prevention policy and emergency procedures follow this article. A sample company policy and a sample Injury and Illness Prevention Program were published in the Aug. 2005 issue of FELS Newsletter. It is posted at http://www.fels.org/news/ news0508.htm#_1_3. FELS will also have available a CD-ROM with safety materials, company policies and procedures, and useful web links once OAL has approved the final regulation.
A copy of the final regulation is posted at http://www.fels.org/Laws/GISO3395 -Final-Reg.pdf
Here are a sample heat-illness prevention policy and sample emergency procedures:
Sample Heat-Illness Prevention Policy & Emergency Procedures
Sample Heat-Illness Prevention Policy
During certain times of the year, employees may work in hot temperatures and be exposed to the risk of heat stress and illness. To protect employees from heat-related illness, the company has established a heat-illness prevention program, which consists of these items:
Supervisors monitor employees for signs of heat illness, especially during the first few days of hot work seasons. Employees also need to be especially aware of signs of heat stress during those times until they have become acclimatized to the heat. Acclimatization is the process whereby a person gradually adapts to work in the heat when exposed to it. Acclimatization peaks in most people within four to 14 days of regular work for at least two hours per day in the heat.
Employees should wear clothing appropriate for the work they are performing, following these guidelines:
1. Wear light-colored clothing of a fabric that is permeable to the air and loose fitting, such as cotton. Many synthetic materials do not provide adequate ventilation.
2. Generally, less clothing is desirable in hot environments, except when the air temperature exceeds 95 degrees Fahrenheit or when a person is standing next to a radiant heat source or exposed to the sun; in those instances, covering exposed skin is beneficial to reducing heat stress and sunburn.
3. Wear shoes that cover the feet. Sandals and open-toe shoes may not be worn in the work place.
At the start of each season, employees working outdoors are trained in these heat-illness prevention subjects:
1. Environmental risk factors for heat illness (see definition below);
2. Personal risk factors for heat illness (see definition below);
3. The company's procedures for complying with California's heat-illness prevention standard;
4. The importance of frequent consumption of small quantities of water;
5. The importance of acclimatization;
6. The different types of heat illness and the common signs and symptoms of heat illness;
7. The importance of immediately reporting to the company, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves, or in co-workers;
8. Procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary;
9. Procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where a provider of emergency medical services can be reach them;
10. Procedures for ensuring that clear and precise directions to the work site will be given to emergency responders.
"Environmental risk factors for heat illness" means working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees.
"Personal risk factors for heat illness" means factors such as an employee's age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat.
An employee suffering from heat illness or believing he or she needs a recovery period to prevent heat illness may, for at least five minutes, rest in a shaded area that is either open to the air or has ventilation or cooling.
Cool drinking water is always readily available to employees. Employees should drink water frequently - as much as one quart per hour.
Sample Heat-Illness
Emergency Procedures
The company arranges for emergency medical services at the start of each production season. The phone number for emergency medical responders is given to supervisors along with a means to contact them if necessary. Supervisors inform their subordinates of the company's procedures for providing emergency medical assistance.
Supervisors are responsible for monitoring their subordinates, especially during hot work days, for signs of heat stress and illness. Employees also must be especially aware of signs of heat illness.
Before the day's work begins, each supervisor is to:
1. Always have a means to communicate with emergency medical services.
2. Know the location where employees are working, including the address or highway coordinates, ensuring that emergency medical providers will receive good directions to the work site.
3. When working in remote areas, ensure that at least one person is trained in first aid per 20 employees.
4. Check on each employee periodically for signs of heat illness.
Signs of heat-illness symptoms:
1. General discomfort, loss of coordination and stamina
2. Weakness, poor concentration, irritability, muscle pain and cramping
3. Fatigue, blurry vision, headache, dizziness, nausea, vomiting, confusion, and unconsciousness.
Procedures to follow when an employee is exhibiting symptoms of heat illness:
1. Have the employee rest in a shaded area.
2. Have the employee drink fluids, preferably water.
3. Apply cool, wet cloths, such as towels or sheets, or splash cold water on the body.
4. Massage legs and arms. Let the employee rest in a comfortable position, and watch carefully for changes in their condition.
5. Tell your supervisor as soon as possible about the situation or call for help.
Procedures to follow when an employee is exhibiting severe heat-illness symptoms such as nausea, vomiting, confusion or unconsciousness:
1. Get the employee to a shaded area.
2. If the employee is conscious, have the employee drink fluids, preferably water.
3. Reduce body temperature by loosening or removing clothing and shoes.
4. Apply cool, wet cloths, such as towels or sheets, or splash cold water on the body and fan vigorously.
5. If the victim vomits, stop giving fluids. Position the victim on the side. Make sure all vomit is cleared from the mouth and nose to prevent choking. Watch for breathing problems. Keep the victim lying down.
6. Immediately call for emergency medical assistance. While awaiting or during transport, elevate the legs about 12 inches.
A revised heat-stress informational card for farm workers is available. The card was produced by several agricultural organizations in collaboration with Howard Rosenberg, a University of California Cooperative Extension specialist. The card explains in English and Spanish how heat-related illness develops and how to avoid it.
While the advice is aimed at farm workers, it is useful to anyone who works in the heat.
Rosenberg recommends bringing "a little heat-stress physiology 101 to the field" -- helping employees understand the causes of heat stress, their own bodies' heat-release mechanisms, and the critical importance of replenishing the fluid they lose as sweat. "We hope the new card enables more growers to effectively deliver information that their employees need to know," Rosenberg said.
The card was produced in cooperation with Farm Employers Labor Service, California Farm Bureau Federation, California Grape and Tree Fruit League, and California Association of Winegrape Growers, with additional U.S. Department of Agriculture support through its Western Center for Risk Management Education.
To order free copies of the bilingual heat-stress education cards for farm workers, contact Sarah Mora at smora@cfbf.com or (916) 561-5598. More references about heat stress are available at http://are.berkeley.edu/heat/.
New Workers' Comp Pre-designation Rules
New rules for pre-designating personal physicians, chiropractors and acupuncturists took effect on March 14.
The new rules specify which employers have employees who are eligible to pre-designate, who can serve as a pre-designated physician, and when and how this must be accomplished. Affected employers must notify employees of the right to pre-designate a personal physician and give new employees a form for pre-designating a physician by the end of their first pay period or later upon request.
The new rules also require an employer whose insurer has not established a Medical Provider Network to also advise employees in writing of their right to request a change of treating physician if the original treating physician was selected by the employer or its insurer and be treated by a physician of his or her own choice 30 days after reporting an injury. These employers must notify employees of this right and provide a form for pre-designating a chiropractor or acupuncturist not later than the end of the first pay period or later upon request.
A new form has been developed for use by those employees eligible to pre-designate a physician and is available at: http://www.dir.ca.gov/dwc/FORMS/DWCForm_9783.pdf. Another form is available to pre-designate a personal chiropractor or personal acupuncturist at http://www.dir.ca.gov/dwc/FORMS/DWCForm_9783_1.pdf
What Should You Do? Find out if your insurer provides medical treatment to your injured employees through a Medical Provider Network. Determine if your employees are eligible to pre-designate a personal physician, chiropractor or acupuncturist under the new rules. Review the new pre-designation forms for applicability to your employees. Provide the applicable new form(s) to new employees prior to the end of the first payroll period, or to current employees upon request.
(Source: Calif. Chamber of Commerce)
IWC Revived to Hike Minimum Wage
Gov. Arnold Schwarzenegger on June 2 appointed four Democrats to sit on the reactivated Industrial Welfare Commission (IWC), in what appears to be a hurried effort to boost California's minimum wage without tying it to inflation. The appointments closely followed the Legislature's passage of a minimum-wage hike that would then automatically increase each year in line with the Consumer Price Index for the state.
The reconstituted IWC met the same day the appointments were announced for hearings on the Governor's minimum-wage proposal: a one-time increase of $1 per hour in two 50-cent steps, with no automatic future increases. The move appears calculated to allow the Governor to get his own minimum-wage proposal passed through the regulatory process, while reducing negative election-year reaction to his promised veto of the Legislature's bill. If the Governor's apparent strategy is to work, the IWC must complete its process and pass the wage increase by Oct. 31, just one week before the November election.
In 2004, funding for the IWC was removed from the state budget as part of the then newly-elected Governor's effort to remove wasteful bureaucracies from Sacramento. Since then, several appointments expired, leaving only one IWC member. Without a quorum or funding, the IWC could do nothing. With the new appointments and some funding, the IWC can adopt a minimum-wage increase desired by the Governor, allowing him to veto the bill passed by the Legislature.
Two of the four appointments are re-appointments of IWC members whose terms had expired. They are:
Timothy Cremins, 45, of the California-Nevada Conference of Operating Engineers, re-appointed as a labor representative; and
Leslee Guardino, 38, a government affairs expert for Snow Consulting, re-appointed as a management representative.
The two new appointments are: Daniel Curtin, 58, director of the California Conference of Carpenters, appointed as a public representative; and
Willie Washington, 59, a consultant for the California Manufacturers and Technology Association, appointed as a management representative.
The fifth commissioner is Harold Rose, a labor representative whose term expires in January. He is a retired firefighter from California Department of Forestry.
Curtin was named chairman of the IWC.
What This Means For Employers: Employers must begin preparing for a two-step minimum-wage hike that will raise the minimum wage to $7.75 per hour sometime in 2007. While the Governor is clearly hoping to pass a minimum-wage hike that is not tied to inflation, there is no guarantee that the IWC will not recommend just such a hike. It seems clear, however, that there will indeed be a $1 per hour increase in the minimum wage. The only question seems to be whether it will be automatically tied to inflation and increased annually thereafter.
The IWC meets again on July 5, when it scheduled to take testimony on a minimum-wage increase proposal from the California Labor Federation that would be indexed to inflation. Employers can find more information on this issue and follow the IWC's processes via the Commission's Web site at http://www.dir.ca.gov/IWC/iwc.html. That Web site also contains a link by which one may submit comments to the IWC on the pending proposals.
(By Patrick Moody, law firm of Barsamian, Saqui & Moody (BS&M), one of two law firms contracted by FELS to provide legal help to FELS subscribers under the FELS Group Legal Services Plan. The goal of this article is to provide employers with current labor- and employment-law information. Its contents should neither be interpreted nor construed as legal advice or opinion. The reader should consult with BS&M at (559) 248-2360 in Fresno, (916) 782-8555 in Sacramento, or toll-free at (888) 322-2573, for individual responses to questions or concerns about a given situation. Visit BS&M's Web site at www.theemployerslawfirm.com/firm/.)
OSHA Lists Most-Violated Standards in 2005
OSHA's list of the 10 most-violated workplace safety and health standards provides employers with a guide as to areas deserving special attention for possible safety improvements. Here are the most-violated standards in 2005:
1. Scaffolding
2. Hazard Communication
3. Fall Protection
4. Respiratory Protection
5. Lockout/Tagout
6. Powered Industrial Trucks
7. Electrical (Wiring)
8. Machine Guarding
9. Electrical (General Requirements)
10. Ladders
Tips for Responding to Immigration Agents
The following is a summary of some practical steps that should be considered before you receive an unexpected visit by a representative of the U.S. Department of Homeland Security (DHS) or Department of Labor (DOL) wanting to conduct an audit, execute a search warrant or apprehend employees for alleged immigration law violations:
• Review your current employment practices and procedures to make sure they comply with the law. Make sure your staff is properly carrying out your employment verification policies and procedures in a consistent manner.
• Review your recordkeeping policies and practices to ensure that you are keeping the proper records for the required periods of time. Perform a "spot check" of Forms I-9 and other documents to make sure they are being properly and consistently filled out by responsible staff.
• Designate a management representative who is authorized to meet and talk with DHS or DOL personnel when they visit your business. Educate the representative regarding appropriate procedures, including when to call the owner or the company's attorney. Make sure that other employees know to refer inquiries from the government to the designated representative.
• The company representative should always be polite and assume an attitude of cooperation with DHS and DOL but always ask for proper identification before doing so, if it is not offered by the government representative.
• Educate designated company representatives that DHS must have a search warrant to enter the premises of a farm or open property being used for agricultural purposes to seize evidence or apprehend employees, unless the owner or its designated agent consents or the property is located within 25 miles of the U.S. border.
• In the event of a criminal investigation, as evidenced by the issuance of a search warrant authorizing the seizure of computer records and other employment related documents, review the search warrant and make sure that only those items listed on the warrant are taken and make an inventory of what is taken. Call the company attorney as soon as possible to seek advice and determine how much you and other employees should cooperate, particularly with regard to interviews.
(Source: National Council of Agricultural Employers, April 26, 2006)
DHS Proposes Work Site Enforcement Rules
The U.S. Department of Homeland Security has announced two federal regulations to improve worksite enforcement and help prevent the use of fraudulent Social Security numbers by illegal aliens. As part of a comprehensive strategy to strengthen the border and enhance interior enforcement, these regulations will help employers to verify employment eligibility, while allowing DHS to hold them to account for the workers that they hire. [Click here for proposed regulation]
Preventing the Use of Fraudulent Social Security Numbers: Every year thousands of employers receive "No-Match" letters informing them that the Social Security numbers of particular employees do not match the records held by the Social Security Administration of the Department of Homeland Security. Illegal aliens frequently use fake Social Security cards to obtain employment in the U.S. By allowing the digitization of employment forms and establishing guidelines for employers to follow, these new regulations will make it more difficult for illegal aliens to present fraudulent information to potential employers.
Improving Employment Verification: The first proposal would permit U.S. businesses to digitize their I-9 employment forms, which are used to verify eligibility to work in the United States. Employers have expressed their frustration with being required to keep paper forms, while electronic forms can be more easily searched for quality and inspection purposes.
Providing Guidance to Employers on "SSA No-Match Letters": The second proposal would improve the ability of employers to ensure that they are not employing aliens who are not authorized to work in the U.S.
The rule would set forth guidance for U.S. businesses when handling "No-Match" letters from the Social Security Administration concerning submitted employee Social Security numbers or from DHS concerning documents submitted by employees during the I-9 process. It would also provide safe-harbor procedures for employers who perform due-diligence, to ensure that they are not found in violation of their legal obligation.
The "no match" regulation reviews the legal obligations of an employer, under current immigration law, when the employer receives a no-match letter from the SSA or DHS. It also describes "safe-harbor" procedures for employers to use in dealing with such a letter. If followed in good faith, these procedures would provide certainty that DHS will not find, based on a receipt of a "no-match" letter, the employer in violation of their legal obligations.
"Identifying businesses that are habitually flagged for submitting mismatched Social Security numbers would bolster our worksite enforcement efforts," added Secretary Chertoff. "Congressional approval of this legislation is critical to ensuring that U.S. businesses hire legal workers."
Purpose of the No-Match Letter Rule: DHS is proposing a rule that will help responsible employers ensure that they are not employing illegal aliens unauthorized to work in the United States.
When hired, employees in the U.S. must present documents to their employers to show that they are authorized to work in the United States. Many people use their social security card as one of these documents.
When unauthorized aliens try to defraud their employers by presenting fraudulent identification or social security cards, the employers will often receive a "no match" letter from the Social Security Administration. This "no-match" letter informs the employer that the name associated with the social security number filed does not "match." The Social Security Administration has sent out thousands of "no-match" letters.
Although there can be a number of reasons for a "no-match," receiving this notification puts the employer on notice that the employee may not be authorized to work in the United States. Responsible employers do not ignore this information.
The proposed rule outlines clear steps that employers can take in reaction to receiving "no-match" letters.
The proposed rule does not create a new legal obligation for businesses. It simply describes existing obligations and codifies the steps a reasonable employer should take in resolving "No-Match" letters.
Employers who ignore these letters and fail to take action to resolve these discrepancies have always been at risk of being found to have constructive knowledge of the fact that an employee was unauthorized to work in the U.S. and subject to legal penalties.
The proposed rule will provide clear guidance to employers regarding the appropriate course of action to take when they receive such no-match letters, and provides safe-harbor procedures that, if followed will provide certainty that DHS will not find the employer, based on receipt of a no-match letter, in violation of their legal obligation not to continue to employ an alien unauthorized to work in the United States.
The proposed rule is a tool to be used by businesses to help them resolve no-match letters. If businesses follow these procedures in good faith, they can be assured that they will not be subject to sanctions.
The proposed rule answers many of the concerns that have been expressed by business owners who want to comply with the law.
The proposed rule is only one piece of our comprehensive worksite enforcement program that focuses on drawing a distinction between those employers who genuinely want to comply with the law and those who deliberately employ illegal aliens as part of their business model.
The safe harbor procedures that are outlined in the new rule only apply to situations in which an employer receives a "No-Match" letter. Employers who are found by ICE to have knowingly hired unauthorized workers are still subject to either criminal or civil penalties.
Points on the Need for No-Match Data: In addition to the regulation, we are asking Congress to pass legislation that will give our ICE agents a better way to determine which employers are habitually using or providing fraudulent SSNs. One way to do that is by giving our ICE agents better access to "No-Match" data held by the Social Security Administration.
Unfortunately, under current law, ICE agents do not have sufficient access to this information.
This is simply wrong, and Congress needs to change the law. Greater access to SSA "No-Match" data would greatly enhance ICE's ability to focus its investigative resources on egregious employers.
SSA "No-Match" employer data can enable ICE to focus its worksite enforcement efforts in a more efficient and expeditious manner. The following represents some of the benefits of no-match access:
• Gives ICE the ability to identify the worst-of-the-worst egregious employers;
• Industries with the most active instances of no-match activity could be more efficiently targeted with employer compliance programs; and
• Ability to prove "knowingly hiring" violations would be greatly improved upon.
Working with Congress on Meaningful Legislation: These regulations are just a first step. DHS is working closely with Congress on the passage of meaningful legislation that will improve the U.S.'s ability to find potential immigration fraud. Under current law, the Social Security Administration is not permitted to share "No-Match" data with Immigration and Customs Enforcement (ICE). Such information will allow ICE to more efficiently target our enforcement efforts.
Enhancing Interior Enforcement: DHS is increasing funding for interior enforcement, ending the policy of "catch and release", and launching joint operations to target those who would violate the law.
Getting Results: Since President Bush took office, agents have apprehended and sent home more than 6 million people entering the country illegally - including more than 400,000 with criminal records.
Increased Funding and Personnel for Interior Enforcement: Since President Bush took office, the number of immigration investigators has grown 25% and funding for interior enforcement has risen 42%. By the end of Fiscal Year (FY) 2007, the number of ICE's fugitive ops teams will grow from 17 to 70.
Ending "Catch and Release": President Bush is asking Congress for $327 million to end the policy of "catch and release". The President's FY07 budget proposes increasing the number of beds in detention facilities to 27,500 by the end of FY07. DHS is also working to expand expedited removal.
Controlling the Border: Since President Bush has taken office, the size and budget of the Border Patrol has increased dramatically. DHS is also ending the policy of catch and release and supporting state and local partners.
Increasing the Number of Agents: By the end of 2008, the number of Border Patrol agents are expected to double since the President took office. Border security funding has also increased 66%.
• Agents When the President Took Office: 9,096
• Agents Today: 11,583 (a 27% increase)
• Agents By Dec. 31, 2008: 18,319 (a 101% increase)
Deploying 6,000 National Guardsmen to the Border: National Guardsmen are being deployed to support and assist the Border Patrol as their new agents are trained and added. President Bush has submitted a $1.9 billion supplemental request for these and other border security purposes.
Supporting State and Local Partners: DHS is working with partners to expand targeted immigration enforcement by state and local authorities. $50 million is being requested for the expansion of training for these authorities.
Harnessing Cutting-Edge Technologies: Through SBInet, DHS is procuring and deploying a 21st century fence comprised of sensors and cameras. In one year, DHS' one UAV was responsible for the apprehension of 2,300 illegal migrants and 4 tons of marijuana.
Better-Performing Temp Likely May Not Replace Employee on Disability Leave
Q: One of our company's clerical workers, Joe, has been out of work for the last few weeks. Joe's doctor said he has a repetitive stress injury caused by his work. We have hired a temp, Mary, to fill in for Joe during his absence. Mary has done a far better job, and we would like to have her replace Joe as soon as possible. Can we do this?
A: Probably not. If your company has 50 or more employees, and Joe qualifies for leave under the Family and Medical Leave Act or/or California Family Rights Act, you might have to provide Joe with up to 12 weeks of unpaid leave and maintain his medical benefits during this FMLA/CFRA leave. Upon his return from his leave, you most likely will have to reinstate Joe to the same or a substantially equivalent position. Depending upon Joe's condition, you might also have to respond to a request by Joe for a reasonable accommodation if he is deemed disabled under the Americans with Disabilities Act or the California Fair Employment and Housing Act. Some courts have held that limited leave time, even in excess of FMLA/CFRA leave, may constitute a reasonable accommodation.
This matter is further complicated by the contention that Joe's injury might be work-related. If it is, then California Labor Code section 132a, as do similar laws in other states, prohibit discrimination against an employee who files a workers' compensation claim or suffers a work-related injury.
However, legitimate grounds might exist to terminate Joe's employment. For example, Joe may be deemed permanently disabled and unable to perform the essential functions of his former position. It is also generally lawful for you to eliminate Joe's position for economic reasons. Legal counsel should be consulted in those situations.
(Reprinted with permission of Berger Kahn, Carla Levenson at (310) 821-9000 or clevenson@bergerkahn.com. Authors of the above are:
* WAYNE A. HERSH is a labor relations and employment law specialist with more than 20 years of experience. He represents a variety of regional and national employers in collective bargaining, labor arbitration, and employment-related litigation. He can be reached at (949) 474-1880 or whersh@bergerkahn.com.
*JON G. MILLER is a principal with Berger Kahn where he counsels and represents employers in matters involving discrimination, harassment, wrongful termination, wage and hour claims, and labor unions. He can be reached at (949) 474-1880 or jmiller@bergerkahn.com.)
Trends in U.S. Immigration 1992 - 2004
The number of migrants coming to the United States each year, legally and illegally, grew very rapidly starting in the mid-1990s, hit a peak at the end of the decade, and then declined substantially after 2001. By 2004, the annual inflow of foreign-born persons was down 24% from its all-time high in 2000, according to the Pew Hispanic Center analysis of multiple data sets collected by the Census Bureau and other government agencies.
Rather than undergoing a continuous increase in immigrant levels as is commonly perceived, the United States experienced a sharp spike in immigration flows over the past decade that had a distinct beginning, middle and end. From the early 1990s through the middle of the decade, slightly more than 1.1 million migrants came to the United States every year on average. In the peak years of 1999 and 2000, the annual inflow was about 35% higher, topping 1.5 million. By 2002 and 2003, the number coming to the country was back around the 1.1 million mark. This basic pattern of increase, peak and decline is evident for the foreign-born from every region of the world and for both legal and unauthorized migrants.
In 2004, migration bounced back to exceed 1.2 million. Whether this move portends further increases is impossible to predict. But even with this recent increase in migration, the most recent data show that immigration flows are at levels comparable with those of the mid-1990s and still significantly below the peak levels of 1999-2000.
(Source: Jeffrey S. Passel and Roberto Suro)
In early March, a dairy worker and his 8-year-old son died in a manure pit in California. The fatalities were being investigated by Cal-OSHA.
Preliminary information indicates they went out to check dairy calves and their vehicle broke down. As they cut across an area, they may have slipped into a manure pit and drowned.
According to the National Institute for Occupational Safety and Health (NIOSH), drowning is the second leading cause of youth fatalities on farms. These drownings occur in ponds, creeks, wells, lagoons and manure pits.
Employers can take a few precautions to reduce the risk of drowning, regardless of the type.
Fencing a must: If you have a lagoon, pond or other static body of liquid, make sure you fence around it to prevent people from wandering into the area. It would be a good idea to also place warning signs on the fence, stating the area may be dangerous.
The stronger the fence, the better. However, if someone wants in, not even a chain-link fence will keep them out.
Night or day, a lagoon can look safe to the unsuspecting. A thin crust can develop on a lagoon. If a ball, kite or model plane were to fall on the surface, it could easily be held up by this crust. The crust will not hold the weight of a human, but it may look like it could. A child walking onto the surface would quickly fall through, and might not be able to get back out.
Instruct employees and family members: Make sure employees and family members understand the safety hazards associated with lagoons. Remember, while children might understand the rules, they might not always follow them when you are not there.
Also keep in mind, their friends might not understand the problem at all. If your child has a couple of friends over, they may start daring each other or trying to outdo each other.
Manure pits and lagoons have the added danger of gas accumulation. While several gasses can be present, the most frequent deadly gas is hydrogen sulfide.
In a pit or low-lying area near a lagoon, this gas can be present in high enough concentrations to cause death with one or two breaths. Make sure you instruct everyone to stay out of pits, even if they are empty.
Never swim alone: Be sure no swimming is allowed in your pond or your neighbor's pond without adult supervision. That does not mean the adult is asleep in a lawn chair near the pond. Proper supervision requires someone who is watching and can safely conduct a rescue from the water. The Red Cross offers first aid and water-rescue classes, as well as regular swimming programs. Make sure everyone has some training.
Keep in mind, even a good swimmer can suffer a cramp or experience fatigue and drown. Having someone else there can go a long way toward reducing the risk of drowning.
Handy rescue devices: Many safety specialists stress the importance of a rescue post near the water. This post should be brightly colored, and have a lightweight pole, 12 to 14 feet long, beside it. It should also have a rope with a life buoy or ring attached to it.
If someone were to get into trouble in the water, use the pole to reach out to them. Be sure to brace yourself, as their frantic efforts to pull themselves out could end up pulling you in.
If you cannot reach them with the pole, throw the life buoy or ring to them. Always use an underhand throw.
When they grab hold of the buoy or ring, they can either pull themselves out or you can pull them out with the rope. The rescue post also should list the location of the closest phone and the emergency number. Directions to the farm are important because a visitor might not know that information.
Drowning statistics are higher than they should be or need to be. Much of that comes back to adequate supervision.
Some of the precautions listed here, however, can reduce the risk of one of the most prevalent causes of death on farms - drowning.
(Source: LaMar Grafft. LaMar is a safety specialist with Iowa's Center for Agricultural Safety and Health (I-CASH), a joint venture of the University of Iowa, Iowa State University, Iowa Department of Public Health, and the Iowa Department of Agriculture and Land Stewardship.)