Nine ways to ensure your milking environment is all it should be to help your milking employees perform at peak levels.

By Chuck Schwartau, University of Minnesota Extension

Milking cows is like harvesting a grain crop except that it has no season, only shifts. Repetitive jobs like milking can easily be put down as tedious and of low importance, while in fact, it is among the most important tasks on the dairy farm. Milking cows harvests the product that generates the income to support the whole business. It is why you are dairying.

What are you doing on your farm to make sure that important harvest crew is motivated to do the best job possible for the cows, the business and for themselves? Workers in a relatively comfortable environment and working situation are more likely to perform at their peaks.

Growing herd sizes increase the demand on milking crews to be on their feet for long hours and reaching repeatedly to prepare udders and attach milkers.

Standing on concrete for long periods of time puts a great deal of stress on feet, legs and backs. The repeated reaches put stress on the back and shoulders for long hours. This can be especially hard on short and tall workers. Ideally you might hire milking staff based on their height and their ‘fit’ in the parlor, but that isn’t particularly practical and could be found discriminatory. Instead, look at ways to make their work place more comfortable and healthy.

Here are a few suggestions:

1. Have work flows designed for efficient cow flow. This not only puts more cows through the parlor in a given time, but it also lessens the time for your workers to be on their feet milking whatever number of cows you have to milk. Poor routines just slow the whole process.

2. Encourage your milking staff to wear good boots. A cheap pair of barn boots may keep feet dry, but are they really designed to be standing around for several hours? Do they have adequate arch support and fit for safe walking and comfortable standing?

3. Use rubber matting to soften the floor. Some are also designed to be safer because they lessen the chance of slipping on wet concrete.

4. Look at work breaks or job rotations to provide a break from the routine. A few minutes away from the normal task or exchanging jobs for part of a shift can work different muscles in the body, relieving some that are stressed and perhaps strengthening others that help create a healthy body.

5. Have parlors well-lit. Good lighting improves safety and morale. It helps staff do a better job of mastitis detection and improves cow flow by minimizing shadows that may spook cows.

6. Maintain comfortable temperatures in parlors whether it is with supplemental heat in the winter or good fans and ventilation in the summer. In-floor heat is not only comfortable and efficient, but it also helps keep a floor dry and less slippery. Radiant heaters can also be quite efficient by warming objects being handled rather than the air, and they, too, can help dry floors. Ventilation helps keep fresh air for workers and cows circulating in the parlor and eliminates any fumes from chemicals being used in the parlor.

7. Try to control noise. Loud and sudden noises can startle or scare cows and may become stressful to workers over long shifts. Consider where cushions and bumpers can minimize noise. Locate pumps away from the parlor and keep radios low if they are present at all. Loud radios and other sounds in the parlor can prevent staff from hearing squawking teat cups or other abnormal activities in the milking procedure.

8. Check platform height. Milking staff may come in all heights, so perfectly matching the platform height to the staff is difficult, but if the platform is lower than about 34" or higher than 40", there is a good chance it is out of the comfortable working height for most staff in your parlor. Think about options to correct improper heights. It might not be feasible, but give it a look.

9. Look at the heights of rump rails and kick rails. Having either one at an improper level may cause the milking staff to stoop more than necessary to properly see the udder or may leave the employee subject to kicking injuries because the cows’ legs may be able to reach them or pinch them between the leg and the rail.

Projects of the Upper Midwest Agriculture Safety and Health Center at the University of Minnesota and the High Plains Intermountain Center for Agricultural Health and Safety at Colorado State University are both looking at the health and safety aspects of working on dairy farms and seeking ways to make the workplace safer as well as a more enjoyable place to earn a living. Be watching those organizations and the University of Minnesota Extension Dairy webpage for updates.

--Sources for this article include HICAHS and DairyNZ.

Chuck Schwartau is an Extension Educator at the University of Minnesota. Contact him at
cschwart@umn.edu.

A look at the politics of the Senate bill, which is scheduled for a floor debate beginning this week.

By Erich C. Straub, attorney

Editor's note: This is the second installment of a two-part column on immigration reform. Part I can be found here.

Previously, I examined the basics of the Senate Bill 744 as it relates to the dairy industry. In this piece, I will examine the politics of the bill, which has been voted out of committee and is scheduled for a floor debate beginning this week. Senate Majority Harry Reid has stated that he expects a vote on the bill prior to the July 4 recess. If approved by the Senate, the bill would then proceed to the House, which is already busy with its own version of an immigration reform bill.

The Drama v. the Reality

It is important to remember that Congress is very much theater: Each member is trying to make policy while also playing to an audience of voters back home. ,Add a 24-hour news cycle, and immigration reform may simultaneously seem on the verge of victory or defeat at any given moment. So take a deep breath, and focus on these political factors:

1. The Republicans need immigration reform now. They need it more than the Democrats do. Without it, the party simply will not be viable in presidential elections. Latinos are the fastest growing segment of the electorate. An anti-immigration reform policy by the last two Republican presidential candidates has alienated Latino voters and driven higher and higher percentages of Latinos to vote for Democrats. Quite simply, the Republicans are in a box and immigration reform is the only way out.

2. Immigration reform will not be an effective wedge issue for Democrats in 2014. Historically, the party in the White House loses congressional seats in a mid-term election. This effect is usually enhanced during a president’s second term, which is often dominated by administration "scandals" in the media. The Obama administration has already fallen into this trap. The gerrymandering of congressional districts further favors the incumbent candidate. Many of the incumbents who are most opposed to Senate Bill 744 are also the safest on the immigration issue in 2014. Given these trends, it is exceedingly unlikely that Democrats will gain seats in 2014, no matter what issue. Democrats cannot afford to implement an immigration strategy of waiting until 2016: another four years is an eternity in modern politics.

3. Potential Republican presidential candidates are the barometer. The press has gravitated to statements by staunch reform opponents such as Senator Jeff Sessions and Congressman Steve King. These two and others like them have very little to lose politically and can afford to make the most inflammatory statements and legislative proposals. Senators Marco Rubio and Rand Paul and Congressman Paul Ryan are much better barometers of where the debate is in the Republican Party. Why? Because all three of them will likely be competing for the party’s presidential nomination in 2016 and have a tremendous amount to lose politically if immigration reform fails again.

Advice for the Reform Weary

Given that immigration reform is so crucial for dairy, it can be almost maddening to watch the back and forth of the process. A wise person once said that legislation is like sausage, and sometimes it is best not to watch the sausage being made. My advice: Do not focus too closely on any one statement or vote by a particular politician.

A perfect example occurred last week when Marco Rubio announced that tougher border security measures would be needed to pass Senate Bill 744, even though he is a member of the "Gang of Eight" who drafted the bill. Rubio’s announcement set off alarm in the pro-reform coalition, particularly when he admitted talking to staunch reform opponent Senator John Cornyn. By the end of the week, Rubio had quelled these fears by reiterating his support for S.B.744 and indicating that he was drafting border security changes independent from Cornyn.

Paul Ryan had a similar moment when he voted with a majority in the House to defund Obama’s deferred action program. Upon closer examination, the House measure has no chance of becoming law and may simply be a measure to provide political cover for the much tougher immigration vote to come.

Rubio, Ryan and others have a fine line to walk: preserving their "conservative" credentials with the rank and file while still carving out a future for themselves and their party. I believe immigration reform is alive, well and picking up momentum. I believe there will be a bill on the President’s desk by September, and it will be a good one for dairy. Until then, we will just have to put up with watching the sausage being made.

Dairy-related details of the proposed legislation, from legalizing undocumented workers to the guest-worker program to E-Verify.

By Erich C. Straub, attorney

On May 21, 2013, the Senate Judiciary Committee voted 13-5 to approve a sweeping immigration reform bill authored by the bi-partisan "Gang of Eight." The vote came after hundreds of amendments were considered. Many of the amendments were offered by opponents of the bill in an unsuccessful attempt to derail it. The bill came out of committee with significant momentum, and debate on the Senate floor will begin on June 10.

In this first installment of a two-part column, I will examine the basics of the bill as it relates to the dairy industry. In the second installment, I will analyze the political prospects of the bill as it moves from the Senate over to the House.

The bill addresses the two major concerns of dairy regarding immigration. First, most dairy operations currently have a well-trained immigrant workforce, a high percentage of which is likely undocumented. The bill would allow this workforce to legalize quickly and get on a path to permanent residence over a more extended period of time.

Second, dairy has been unable to access the H-2A visa for temporary workers because it is "seasonal" and only allows agricultural workers to enter the U.S. for a very limited period of time. The bill creates a new "guest worker" program that will replace H-2A and will not have the seasonal restriction that has resulted in a substantial undocumented workforce on many farms.

Legalization – "Blue Card"

The agriculture component of the bill was largely authored by Senator Diane Feinstein (D-Calif.) and mirrors her previous AgJOBS legislation. Undocumented workers would be able obtain lawful or "blue card" status for a period of up to eight years if they can demonstrate the following:
• Performed agricultural work for 575 hours or 100 days during a two-year period ending on Dec. 31,2012;
• Do not have a significant criminal record, which includes:
o One felony (including an "aggravated felony" under immigration law)
o Three misdemeanors on different dates (there is a waiver for humanitarian purposes)
o Certain foreign convictions
o Any instance of unlawful voting in the U.S.;
• Paid a $100 fine;
• Applied within one year of enactment of the legislation.

Permanent Residence - "Green Card"

Blue cardholders would be eligible to file permanent residence or a "green card" for themselves, their spouse and minor children within five years if they can demonstrate the following:
• Performed agricultural work for 100 days for each of five out of eight years, or 150 days for each of three out of five years;
• Satisfied all outstanding tax liability
• Paid a $400 fine
• Applied while in blue card status

Temporary or "Guest" Worker Program

On Oct. 1, 2014, the H-2A visa would be eliminated and replaced with the W-visa. Agriculture, including dairy, would have two dedicated visas under this program. The first would be the W-2 visa, which would apply to agriculture workers who have a written contract for work with a specific employer. The second would be the W-3 visa, which would allow agricultural workers who have an offer of full-time employment to be admitted to the U.S. as "at will" employees.

Both visas are for a period of three years and would not be seasonal. The visas would be "portable," which would allow the workers to change to another employer under certain conditions. The visas would have housing and travel reimbursement requirements for the employer that are be similar to the H-2A program. Base wages and wage increases are also mandated. There will be only 112,333 visas available for the first five years of the program, but there are provisions to adjust this number, based on economic conditions and the demand for labor.

E-Verify

All employers in the U.S., including dairy, would be required to use E-Verify, the federal electronic system for verifying work authorization. The program would be implemented over a five-year period, giving employers sufficient time to adjust. While E-Verify has been a major concern for dairy, it has almost always been proposed without the type of legalization and guest worker program contained in this bill. With these new visa programs and a flexible implementation period of five years, dairy should have very little to fear from mandatory E-Verify.

Conclusion

When the Gang of Eight announced the details of bill in April, Senator John McCain made the following statement: "We cannot allow the perfect to be the enemy of the good." While this may not be a perfect bill for dairy, it is very, very good. If passed in its present form or in a reasonably close facsimile, it will go a long way to solve the long-term rural labor crisis on most dairy farms.

Erich C. Straub is an immigration lawyer who practices in Wisconsin and is listed in The Best Lawyers in America, SuperLawyers, and U.S. News and World Report’s Best Law Firms. Mr. Straub has spoken to audiences throughout the U.S. on immigration, and frequently advises Wisconsin Dairy Farmers on the topic. He has traveled Washington, D.C., to meet with elected officials regarding immigration reform. In 2008, the Milwaukee Business Journal described him as a "national leader on the federal immigration issue." Contact him at (414) 224-8472, or erich@straubimmigration.com.

How to help them avoid doing more harm than good to your dairy herd.

By Richard Wallace, DVM, MS
Dairy Cattle and Equine Technical Services, Zoetis

On a visit to a dairy, I met with the owner and three employees in charge of administering treatments to fresh cows to see how things were going. The dairy had written protocols, but periodically it’s a good idea to check in and see if any protocol drift had occurred. During our conversation, we discovered that each employee was treating the cattle differently from the agreed-upon protocol.

Unfortunately, this situation is common. Dairies are a place of perpetual motion. It can be difficult to find time for meetings to make sure everyone is staying on the same page with treatment protocols. To avoid this problem, you need to stress protocol compliance during employee training and explain why it’s important.

Why compliance matters and what it means

Before you can teach protocol compliance, you need the term to matter and to mean something. Complying with treatment protocols helps protect dairy wellness by:

• Ensuring a full course of therapy, which offers the best chance of recovery
• Decreasing the chance of additional expenses from treatment failure
• Avoiding violative drug residues

Those are important goals to the dairy. The key aspects of protocol compliance are:

• Working with your veterinarian
• Using the correct treatment
• Giving the correct dosage amount
• Using the correct route of administration
• Treating at the correct time and for the correct duration
• Keeping accurate records

How to put compliance into action

When training your employees to comply with treatments, just telling them to follow protocols might not be effective. Your employees want healthy cows. If they think the cow is not responding to a protocol, they might alter the treatment to something they think will work, without realizing they could do more harm than good.

When training employees, explain why the action is important before explaining how to do it. Let’s use the example of training your employees to be compliant with protocols.

• Why: Following written treatment protocols ensures dairy wellness by keeping animals healthy, helping the dairy be successful and producing quality food.
• How: Give effective treatments by following written protocols and/or following veterinarians’ directions.

Helping your employees understand why compliance is important will help them remember how to be compliant.

Help available to make compliance a priority

Key aspects of the bill that should interest dairy farmers as well as few concerns that are already being discussed.

By Ryan Miltner, attorney

Earlier this week, the "Gang of Eight" senators who have been crafting a package of comprehensive immigration reforms introduced the actual language of the proposed legislation.

The significance of the effort and the fact that a formal proposal has been introduced cannot be understated—and neither can the difficulty of the task that lies ahead. The complexity of this undertaking is evidenced in the sheer length of the bill—over 800 pages.

With a piece of legislation so comprehensive and so voluminous, to attempt a full breakdown of it is beyond the scope of any single article. Even a competent review of the provisions that directly affect agriculture would result in a discussion extending far in excess of the typical article. Nevertheless, I did want to point out the key aspects of the bill that should be of interest to dairy farmers, as well as share a few concerns that are already being discussed.

There are three key aspects of the proposed bill that should immediately draw the attention of the dairy farmer. First, there are the provisions that affect undocumented workers currently in the U.S. Second, there are the provisions that establish specific agricultural visas for new workers. Third, there are the provisions that are proposed to make all employers participate in an employment verification system—an improved E-Verify system.

Under the proposal, persons who are in the U.S. illegally and have been since at least Dec. 31, 2011, and can demonstrate a continuous presence in the country are eligible to apply for "Provisional" status. These persons would have to pay a $500 penalty and prove their character and fitness for residency. Such persons will be eligible to apply for a green card after five years, if they are agricultural workers.

The proposed legislation also establishes a specific category of visa for agricultural employers. The new visa would replace the existing H-2A temporary agricultural worker program with a far more flexible, year-round, ag worker visa. This provides a potentially huge victory for dairy farmers, who currently do not have access to an effective guest worker program.

Finally, the proposed legislation would phase in the mandatory use of electronic identity verification for employers. The use of the program would be phased in over five years. The "enhanced" program will provide for exact photo matching, possible biometric matching, and safeguards to protect Social Security numbers from being used by undocumented workers.

Already, the discussion over the specifics of the bill, the concerns of interest parties about what needs to be fixed, and the vocal opposition of some opponents are surfacing. Filtering through all of this chatter, I found three statements of particular interest.

With respect to the registration of currently undocumented workers, I have heard several producers suggest that the number of workers who will register will be small, due principally to the mistrust of the government by those here. In contrast to that point, a recent survey suggests that nearly 90% of such persons will register. Depending on which perspective is correct will determine how useful the program is for dairy employers.

Second, there is some speculation that the recent failure of the Senate to close debate on gun-control background-check legislation is due, in part, to senators wishing to preserve their political capital for a vote on immigration. That is, senators who voted against gun control legislation may have done so to protect themselves when they vote for immigration reform. That is a politically fascinating concept.

Finally, and most importantly, is a statement from one very experienced Senate staffer, who said succinctly in regards to the bill, "It has a long way to go."

Ryan Miltner is an agricultural and estate planning lawyer in private practice. His agricultural practice is focused on dairy policy and the economic regulation of the dairy industry. The opinions in this article are his own observations prepared for Dairy Today and do not necessarily reflect the opinions of any of his clients. Contact him at ryan@miltnerlawfirm.com.