Ohio Ag Manager

by: Chris Zoller, Extension Educator, ANR in Tuscarawas County

Developing employees is critical for the success of any farm.  We say that, but do we believe it?  New products, technologies, and practices are changing rapidly on dairy farms, and we know an employee development program will enable them to make better decisions and solve problems.  But do employees really want to learn?  Results of a survey recently released show that employees do want to learn!

Michigan State University interviewed 174 dairy farm employees representing 13 farms.  Employees were asked to rate their interest in learning.  A scale of 1 (“I already know enough to do my job”) to 5 (“I am interested in dairy and I want to learn more”) was used.  The average was 4.73.  In other words, they nearly unanimously selected 5 – “I am interested in dairy and I want to learn more”.

What do you think farm owners and managers believed employees would answer?  Using the same scale, they rated employee interest in learning at 3.27.  This is a much different ranking when compared to the one provided by employees.

What does this mean? Which picture is truer? Do employees really want to learn or were they just saying what they thought the interviewer wanted to hear?  These are not meaningless questions – in fact, the extent and investment by farm owners in employee training depends on the answer.  Employers have been reluctant to believe the results based on their own experience.  Maybe their experience is a result of poor training methods, an incorrect approach, or poor timing.

Two veterinarians recently shared examples that strongly reinforce the results of this research.  On one farm a graduate student (also a veterinarian) was gathering data for a research project.  She described how employees asked her to teach them more about disease diagnosis, treatment, and why and how diseases occur.  She scheduled a time to go back to talk to the employees about the transition period.  She planned to be there no more than one and a half hours, but (because of the questions) was at the farm for three hours!

A second veterinarian reported on the results of a lunch meeting with employees from one farm.  The veterinarian anticipated being with the group for no more than one hour.  He reported being with the group for two hours because of the number of questions from the employees!

Why do the experiences of these veterinarians, and the results of the research, differ from what some dairy producers experience?  Maybe the answer is in what the veterinarians indicated.  Here are some key points:

• Attitude – the veterinarians believed employees wanted and were capable of learning, and they wanted to help them
• Language – they were able to speak the same language of the employees
• Time – they made time to meet with the employees
• Why – they explained cow physiology, “why” things happen, and “why” protocols are as they are

There may be other reasons, but the point is to recognize the desire most employees have to learn.  Feed that desire and your employees will respond.  Maybe you schedule time one day a week for a “dairy talk time” with your employees.  Any topic is available for discussion or let employees suggest a topic in advance.

Create an environment where learning is encouraged and you will gain employee loyalty and satisfaction.

This article was originally published in the Farm & Dairy newspaper, May 2017.

(Source:  This is a summary of a research project conducted by Phil Durst and Stanley Moore, Michigan State University.  Read more at: Hungry to learn?  Phil Durst, Michigan State University Extension, http://msue-anr.msu.edu/news/hungry_to_learn)

Source: Chris Zoller, Extension Educator, ANR, Tuscarawas County

Young people may be approaching you in the next few weeks looking for a summer job on your farm. Will you hire someone on the spot?  Do you have work available for a minor to perform?  Can a minor perform the same tasks as an adult?  What do state and federal child labor laws say about youth employed in agriculture?

Determine Your Needs

• What jobs do you have available?
• Are there livestock tasks that need performed?
• What cropping tasks need completed?
• For how many hours do you need an employee?
• Are there special requirements you must be aware of when employing minors?

Tasks Defined as Hazardous

It’s not surprising that there are certain tasks in agriculture that have been identified as “hazardous” by the federal government. Ohio has adopted the same list.  What’s included on this list?

• Operating a tractor of over 20 PTO horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor;
• Operating or working with a corn picker, grain combine, hay mower, forage harvester, hay baler, potato digger, mobile pea viner, feed grinder, crop dryer, forage blower, auger conveyer, unloading mechanism of a non-gravity type self-unloading wagon or trailer, power post hole digger, power post driver, or non-walking type rotary tiller;
• Operating or working with a trencher or earthmoving equipment, fork lift, potato combine, or power driven circular, band, or chain saw;
• Working in a yard, stall, or pen occupied by a bull, boar, or stud horse maintained for breeding purposes; a sow with suckling pigs; or a cow with a newborn calf (with umbilical cord present);
• Felling, buckling, skidding, loading, or unloading timber with a butt diameter of greater than six inches;
• Working from a ladder or scaffold at a height of over 20 feet;
• Driving a bus, truck, or automobile to transport passengers, or riding on a tractor as a passenger or helper;
• Working inside: a fruit, forage, or grain storage designed to retain an oxygen-deficient or toxic atmosphere; an upright silo within two weeks after silage has been added or when a top unloading device is in operating position; a manure pit; or a horizontal silo while operating a tractor for packing purposes;
• Handling or applying toxic agricultural chemicals identified by the words “danger,” “poison,” or “warning” or a skull and crossbones on the label;
• Handling or transporting explosives;
• Transporting, transferring, or applying anhydrous ammonia

The prohibition of employment in hazardous occupations does not apply to youths employed on farms owned or operated by their parents. In addition, there are some exemptions from this prohibition:

• 14 & 15 year old students enrolled in vocational agriculture programs are exempt from certain hazardous occupations when certain requirements are met; and
• Minors aged 14 & 15 who hold certificates of completion of training under a 4-H or vocational agriculture training program may work outside school hours on certain equipment for which they have been trained

Minimum Age Standards for Agricultural Employment

• Youths ages 16 & above may work in any farm job at any time
• Youths age 14 & 15 may work outside school hours in jobs NOT declared hazardous by the Secretary of Labor, unless the minor holds a 4-H or vocational agriculture tractor operation or machinery operation certificate. The certificate must be kept on file by the employer.
• Youths 12 & 13 years of age may work outside of school hours in non-hazardous jobs on farms that also employ their parent(s) or with written parental consent
• Youth under 12 years of age may work outside of school hours in non-hazardous jobs with parental consent, but only on farms where none of the employees are subject to the minimum wage requirements of the Fair Labor Standards Act (FLSA)
• Youths 10 &11 years old may hand harvest short-season crops outside school hours for no more than eight weeks between June 1 & October 15 if their employers have obtained special waivers from the Secretary of Labor
• Youths of any age may work at any time in any job on a farm owned or operated by their parents

Who Enforces the Laws and What are the Penalties?

Investigators of the Wage and Hour Division enforce youth employment provisions of the FLSA. They have full authority to conduct investigations, gather date, and assess compliance with the laws.

An employer that violates the youth employment provisions may be subject to civil money penalties (CMPs). The amount of the CMP assessment depends upon the application of statutory and regulatory factors to the specific circumstances of the case.

Generally speaking, child labor CMP assessments will be higher if the violation contributed to the injury or death of the youth involved. The severity of any such injury will be taken into account in determining the amount of a CMP.  A CMP assessment may be decreased based on the size of the farm business.  Also, CMP assessments will reflect the gravity of the violation and may be doubled if the violation is determined to be willful or repeated.

A CMP assessment for a violation that causes death or serious injury of a minor is subject to a higher statutory cap. An injury qualifies as a “serious injury” for this purpose if it involves permanent or substantial harm.  Both the significance of the injury and duration of recovery are relevant in determining whether an injury is serious.  If more than one violation caused a single death or serious injury, more than one CMP may be assessed.  Finally, CMP assessments based on the death or serious injury of a minor may be doubled to a higher statutory cap if the violation is determined to be willful or repeated.

How to Comply with the Law

To be certain you are in compliance with the laws regulating the employment of minors in agriculture, take a few precautions to protect everyone involved.

• Verify the child’s age and keep records
• Review and understand the list of agricultural work considered hazardous
• Remember that only your children and grandchildren are exempt from hazardous jobs
• Instruct minor employees about the jobs they may not perform
• Review safety procedures with employees
• For 14 and 15 year olds who have completed a 4-H or vocational agriculture tractor or machinery operation course, retain a copy of the certificate.

A job on a farm is a great opportunity for young people to learn about agriculture. It’s also a good way for them to earn money toward a vehicle or furthering their education. View your farm operation as a way to provide opportunities for young people, but make certain you understand and follow the law.

Sources

U.S. Department of Labor, Wage & Hour Division, http://www.wagehour.dol.gov

Peggy Hall and Catharine Daniels, Ohio Agricultural Law Blog, June 10, 2013, https://ohioaglaw.wordpress.com/tag/employing-minors-on-farms/

By: Francisco A. Espinoza

An Opening Word

Both producers and labor look for a good season and good profits.  If everyone feels rewarded, successful, and happy at the end of the season, most likely their outlook for the coming year is also going to be positive. Growers will plant again and workers will head north, returning for another profitable season.  But there is no guarantee.  Every year brings potential for good and bad. And there are some indicators for the 2014 season.

Traditional Choice of State

Hispanic farm labor decides where to work for the season not much differently than anyone else seeking employment.  Chief considerations revolve around earning potential, work conditions, and community amenities providing for good housing, family needs, and local services.  Of course, details differentiate between a local Ohio resident and a migrating family, but here are some factors Hispanic labor utilizes in choosing which state they will travel to each season:

1. Potential for profits:  Simple. Workers look for states where they can make money.
2. Crop Calendar:  States/employers that offer an extended season of work, either through a single employer or several across the state, will attract workers, who do not want to spend their profits and time on traveling expenses and inconveniences.
3. Historical contact:  Labor will return as long as their experiences with employer/state/region have been positive.  If so, no surprise that families sometimes have returned for generations.
4. Good work environment and conditions: These include issues of safety and division of work.
5. Familiar crops and work:  Workers will choose what they do best, and most profitably. Some even specialize, perhaps looking only to pickles as the best economic choice.

Spring Trip to Florida

March 2014, staff from Ohio’s Teaching & Mentoring Communities (TMC), providers of Migrant Head Start, traveled to Florida to meet with a Head Start agency serving farmworker families, some of which work seasonally in Ohio.  TMC wanted to address the decreasing numbers of children and families participating in Ohio Migrant Head Start, looking toward the coming 2014 season.  Their contact with migrant families revealed some indicators of concern for traveling north.

 Comprehensive Immigration Reform (CIR), unsurprisingly, was of chief concern.  A high percentage of labor is reported as undocumented and, therefore, unauthorized to work.  The risk of apprehension and deportation while traveling, or even while working up north, causes labor to hesitate in deciding.  States with proven enforcement, like Alabama and Georgia, are seen as barriers to travel.  Workers would like to have Florida issue some form of license ID that would allow them to drive north legally. Also basic to worker consideration is the cost of travel, such as gasoline prices. Overall, lack of CIR is the greatest concern for Hispanic migrant labor.

Implications for Ohio

Early planting of specialty crops and some greenhouse activity calls for labor. With spring conditions finally opening up the season, recruitment of farm labor intensifies.  Though it is still too early to make a definitive determination of labor availability, planting season has arrived.  With it will come some serious questions for producers.  Is the farm labor contractor (FLC) having success recruiting workers. Will emphasis be on hiring more local/seasonal labor to mix with the migrant workforce.  If there is a decrease in Florida workers, is a return to recruiting Texas workers called for. Were there enough workers for planting, and will there be enough for harvesting.  The end of May and certainly mid-June should provide a clear picture of labor availability for the 2014 season.

A Closing Word

The mid-term Congressional elections can greatly affect CIR and the availability of labor.  Will there be any movement for reform, or will it be kicked down the road.

by: Chris Zoller, Extension Educator, ANR

A farm manager recently discussed with me concerns he was having with an employee and wanted suggestions for disciplining his employee.  Following is an article written by Dr. Bernie Erven, Professor Emeritus and OSU Extension Specialist, that describes ways to effectively discipline employees.

Discipline is an unpleasant responsibility. Doing it poorly only compounds the unpleasantness. Doing it well, on the other hand, reduces employer frustration, increases employee morale, makes the firing of an employee rare, and reduces the threat of legal action by disgruntled former employees.

Effective discipline can be made a management strength. Building a reputation as a fair but tough disciplinarian is a goal with many long-run benefits.

Three guidelines:

1. Take effective preventive action to promote employee self-discipline and to minimize the frequency of disciplinary action.

2. Use effective disciplinary techniques including the hot stove rule and progressive discipline.

3. Reward supervisors and employees for their efforts to minimize disciplinary action.

Using Effective Disciplinary Techniques

The preventive actions will assure that most of your employees will require little more than their own self-discipline. No matter how effective your preventive actions may be, however, you will sometimes need to discipline.

You may follow the general guidelines in the hot stove rule, use progressive discipline, or even resort to an often short-sighted approach – firing.

Hot Stove Rule

The rule is actually an analogy based on a person touching a hot stove. The analogy provides four discipline basics that are applicable to many situations.

Think about deciding to touch or not touch a hot stove. How does the hot stove influence your decision? The hot stove rule suggests four ways in which the hot stove is like good discipline:

1. Warning
The stove provides a warning. One can feel the heat and know that touching will burn. (Employees need to know their employer’s rules. The rules provide a warning.)

2. Consistent
The stove is consistent. One need not guess whether the hot stove will burn; it always burns. (Employees need to know that the rules will be enforced every time they are broken. Discipline will not be a surprise.)

3. Immediate
The stove burns immediately. No time is lost between the touch and the burn. (Employees should know that the discipline will come soon after each offense. Saving up discipline problems until the next performance review or until the supervisor is less busy means the discipline will be less effective.)

4. Impersonal
The stove is impersonal. The stove burns its owner in the same way it burns someone who encounters it by accident. (Good discipline treats each violator in the same way. The best employee, a family employee, and a problem employee receive the same fair treatment.)

Progressive Discipline

The intent of discipline is to change what a problem employee is or is not doing. A problem that occurs over and over is more difficult to deal with than a single-event problem.

For example, it is more difficult to deal with an employee who regularly refuses to use safety equipment than to deal with an employee who received a speeding ticket with a business truck for the first time in five years.

Changing problem behaviors that are repeated is akin to eliminating bad habits.  Changing a bad habit is difficult. One warning from a supervisor is unlikely to have much impact. Progressive discipline is designed to stick with the employee until there is no longer a problem.

Progressive discipline incorporates four steps, each more severe than the previous step:

1. Verbal warning

2. Written reprimand

3. Suspension

4. Discharge

Communication is the key to progressive discipline.

The communication’s primary objective is to help “save” a problem employee by letting him know there is a problem, what needs to be done to take care of the problem and by when it has to be done.

The secondary objective is to help build a defensible case for firing the problem employee.

Lack of communication sends an unintended message to the problem employee – your performance is okay even if you know that it really isn’t. Ignoring a problem rarely brings a satisfactory solution. Lack of communication assures that there will be neither a commitment by the employee to improve nor a plan on how the employee intends to improve.

The communication associated with discipline can be emotional for both the employer and employee. The employer should get all the facts before the discipline, communicate in private, stay calm, document what was said and resume normal relations with the employee after the discipline.

Discipline without punishment is an alternative to traditional progressive discipline. Progressive discipline without punishment makes change the employee’s responsibility and coaching the employer’s responsibility.

The oral warning in the first step makes clear to the employee that he has a responsibility to change his behavior.

The second step repeats the first step except the warning is in writing.

The third step includes a one day decision-making leave with pay. The employee is asked to decide whether he or she chooses to remain with the business and follow the rules or resign.

The fourth step is automatic discharge.

 If you have questions related to this topic or other farm employee management issues, please contact me.

 (Source: Dr. Bernie Erven, Professor Emeritus & Extension Specialist, The OhioStateUniversity)