It’s not uncommon to find dairy employees treating cattle differently from the agreed-on protocol.

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

Your veterinarian must be your partner in compliance and for explaining protocols. Developing a valid veterinarian-client-patient relationship (VCPR) should be your first step toward compliance. With a valid VCPR, your veterinarian can help you:

• Write and review treatment protocols for your employees to follow
• Develop accurate record-keeping practices
• Follow up with your employees to check for compliance

Zoetis is here to help you, too. We’ve developed a poster that you can use to keep protocol compliance top of mind with your employees. Visit AvoidResidues.com for a "Six tips for proper drug treatments" poster and other materials to help your dairy stay compliant and avoid drug residues.

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.

Both the House and Senate are close to unveiling a comprehensive immigration reform legislative proposal -- but there are two major stumbling blocks to a bipartisan ag agreement.

By Craig Regelbrugge, National Co-chairman, Agriculture Coalition for Immigration Reform

No one ever said that it would be easy, right? Over the past several weeks, progress in Congress toward bipartisan immigration reform legislation has been tough and slow. But with April almost upon us, the pressure is high as an elephant’s eye to begin formal debate over a bill or bills.

Which chamber will go first? That is an open question. While conventional wisdom has long suggested the Senate will move faster, the bipartisan House working group seems closer to agreement on a bill. Members of that group include Republicans Mario Diaz-Balart (Florida), John Carter and Sam Johnson (Texas), and Raul Labrador (Idaho), as well as Democrats Zoe Lofgren and Xavier Becerra (Caliornia), Luis Gutierrez (Illinois), and John Yarmuth (Kentucky).

Complicating matters, though, is the question of whether House legislation will move by "regular order" in the Judiciary Committee or by some other process.

The Senate "gang of eight" includes Democrats Charles Schumer (New York), Richard Durbin (Illinois), Robert Menendez (New Jersey), and Michael Bennet, as well as Republicans John McCain and Jeff Flake (Arizona), Lindsey Graham (South Carolina), and Marco Rubio (Florida). A separate working group on agriculture is led by Sen. Dianne Feinstein (California) and also includes Senators Rubio, Bennet, and Orrin Hatch (Utah).

As the two-week Congressional spring recess arrived, neither chamber had unveiled a comprehensive immigration reform legislative proposal. Both say they are close, and bills in both chambers are expected to include provisions addressing border security, employment eligibility verification, future legal immigration, and the status of the estimated 11 million unauthorized immigrants in the U.S.

The issue of future legal worker programs – especially for "lesser-skilled" occupations that do not require much formal education – has become a major sticking point. Business wants them. Unions hate them. Pro-reform Republicans and some Democrats see expanded future legal channels as essential to avoiding the mistakes of the Immigration Reform and Control Act of 1986, and curbing future illegal immigration. I have long believed that if he wants the legacy of truly modernizing America’s immigration system, President Obama will have to stand up to organized labor on this point. It remains to be seen whether he will.

In short, the business/labor negotiations have been rough. The same is true in the agriculture-specific negotiations, involving many of us active in the Agriculture Workforce Coalition and the United Farm Workers union. While the process is very fluid, the two major stumbling blocks to a bipartisan ag agreement have been how to establish wages and a cap on visas for future worker programs.

Both issues, if handled poorly, could prevent a future program from working. If a floor wage for a new program is set too high, producers won’t be able to use it, as they would have to pay entry-level workers a higher wage than most workers now receive. If a cap is too low or inflexible, employer applications for needed workers could be denied. The result could be more illegal immigration, more off-shoring of American agricultural production, or both.

In the absence of a producer/worker advocate agreement, the Senate may resort to a "process" approach that leaves these tough decisions to future resolution, subject to criteria. We would much prefer certainty and transparency.

While progress has been fitful, there is some good news: After years on the field, defining the diverse needs in agriculture and making our case, Congress knows agriculture needs special consideration in an immigration bill. That includes the dairy industry. No one seriously argues against the need for visas that accommodate year-round dairy work. With the stakes so high for all, I remain optimistic that we will see progress in Congress on this issue.

Based in Washington, D.C., Craig Regelbrugge is co-chairman of the Agriculture Coalition for Immigration Reform, and vice president for government relations with the American Nursery and Landscape Association. Contact him at cregelbrugge@anla.org or at 202-434-8685.
 

How are your skills in interviewing potential employees?

By Gerald E. Higginbotham, Ph. D, PAS
Ruminant Business Manager-California, Micronutrients

The cost of a bad hire is steep, and it’s just not the wasted salary that’s expensive. Many experts estimate that the cost of a bad hire exceeds the annual salary of a position.

Some basic interviewing guidelines can help in the selection of the right job applicant.

1. Have an interview team.

To prevent any bias from just one person doing the interviewing, invite others from your management team to participate. These individuals could be your nutritionist, veterinarian or some other person familiar with your dairy operation. Be sure to include a person who will have direct supervision over the individual to be hired. If possible, have each member of your team conduct a one-to-one interview with the applicant. This allows an independent assessment of each applicant. It is important that everyone on the team is on the same page with what the objective is and what the job entails. Otherwise, a job applicant will come in to interview with one person and be asked completely different questions by the second person because the second person thinks the job is about something else completely.

2. Ask the right questions.

By meeting with your team beforehand, you can form pointed questions for the applicants that make the most of your time with the job candidate. Avoid questions that can be answered yes or no. Ask situational or hypothetical questions, such as, "What are your strengths that can help our dairy operation?" This allows the applicant to convey his thoughts on what his strengths are and what he/she brings to your dairy operation. Also by asking "what if" questions allow the applicant to show their problem-solving capabilities. An example question could be, "What procedures would you use if you find a down cow?"

3. Conduct a practical test.

In practical tests, applicants are required to complete a job sample or a simulated task. Observing how an applicant handles farm animals, milks cows or starts a tractor provides useful information on how well the applicant can perform the tasks assigned.

4. Ask for references.

Reference checking involves obtaining information about applicants from previous employers. Reference checks can supply important information about personality and character. Contacting several references increases your chances of getting an accurate picture of the applicant’s performance.

After the applicants have been interviewed by all team members, assemble your team together and discuss the strengths and weaknesses of each applicant. Are their some qualities of an applicant that can be strengthened through some training? Some applicants may not have all of the qualifications you are requiring but with a little training they may become excellent employees.

After your team has selected the right job applicant, out of courtesy notify all applicants of your decisions. A reason for promptly notifying all applicants is that you may want to stay in touch with top applicants in case future openings appear.

The interview process described does not guarantee the selection of the right person, but it may help avoid many common mistakes. Those involved in the hiring process can make their selection decisions with a fuller awareness of the applicant’s strengths and weaknesses.

Dr. Gerald Higginbotham is Ruminant Business Manager in California for Micronutrients, a Division of Heritage Technologies, LLC. He received his B.S. and M.S. degrees from Brigham Young University, Provo, Utah and Ph.D degree from the University of Arizona. Dr. Higginbotham is a member of the American Registry of Professional Animal Scientists and is a diplomat of the American College of Animal Sciences. Contact him at 559-907-8013 or gerald.higginbotham@micro.net.
 

Child labor is a priority for the Department of Labor, and the penalties can be severe. Don’t let family traditions and your good intentions create unintended consequences.

By Anthony P. Raimondo, attorney

One of the great strengths of the dairy industry is the tradition of family farms. When children grow up on the farm, involvement in farming activities can become a part of growing up. For the children of farmers, experiences like driving a tractor for the first time are milestones of the journey from child to adult.

But for some farming families, these experience can be a nightmare. One family in California allowed their teenage son to drive a tractor for the first time under the supervision of his father and an adult sibling. Unfortunately, he lost control, had an accident, and was injured. Fortunately, his injuries were not severe and he recovered.

This farming family bought itself a whole separate set of troubles. After the accident, it received a visit from the U.S. Department of Labor (DOL). When the DOL learned of the accident, the agency began to treat the young man driving the tractor as a child labor violation. The problem is that there are very strict restrictions on minors operating equipment like tractors, forklifts and similar items.

Under child labor laws, there are exemptions that are applicable when children work for their parents. The problem is that, like many families, they have organized their business as a corporation to protect their assets from the liabilities of the business. But there are a variety of consequences that come with organizing the business as a corporation. Corporations are "persons" in their own right under the law, and, generally, when the minor works for a corporation he or she is not working for the parent, and the exemption does not apply. There are some exceptions based upon how the ownership of the corporation is set up, but the DOL’s starting point is that a corporation cannot use the parent-child exemption to avoid compliance with child labor laws.

All farming businesses should be familiar with child labor laws, which limit the number of hours that minors work and restrict their ability to operate equipment. If the business is organized as an entity other than a sole proprietorship owned by the minor’s parents, then the family should make sure it understands the child labor rules before allowing any minors to operate any equipment, or to work full time or more.

Other child labor cases have arisen when farming families offer employment to the children of family friends, or to help employee families by offering employment to the children of employees, especially in the summer months. Child labor is a priority for the DOL, and the penalties can be severe. One possible penalty is a "hot goods" action, where the agency can obtain a court order stopping the product wherever it may be in the chain of commerce and prohibiting it from being bought, sold, or shipped. Because child labor is a priority for the DOL, farming families should be careful that their family traditions and their good intentions do not create unintended consequences.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Anthony Raimondo at McCormick Barstow LLP in Fresno, at (559) 433-1300.