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Legislation Update

Migrant labor, OSHA laws on D.C. agenda

H-2A reform
Legislation to reform the H-2a agricultural guest worker program is under consideration in the House and Senate. The AgJobs bill would freeze the H-2a program's arbitrary and inflated "Adverse Effect Wage Rate" at the 2002 level for three years and would streamline the application process that currently is a barrier to bringing in much needed guest workers. AgJobs also would provide a one-time opportunity for illegal farm workers to earn an adjustment of their status if they keep working in agriculture for several years.

According to AFBF President Bob Stallman, "The H-2a program is broken, its minimum wage is out of control and this is having a serious impact on American agriculture's ability to secure a legal workforce. Passing AgJobs is vital to addressing this country's widespread farmlabor shortage, and also keeping America from losing more of our safe, domestic food supply to imports."

Stallman asked Farm Bureau members to contact their members of Congress and seek their support of the H-2a reform bill. You may use CapWiz, available through www.ofbf.org, to contact your member of Congress.

OSHA accountabilty
The Occupational Safety and Health Administration would be held more accountable for its actions under H.R. 2731, the OSHA Small Employer Access to Justice Act. The bill provides relief to farmers and other small business owners when OSHA actions are found to be in error. Currently there are few consequences when OSHA inspectors make mistakes, according to AFBF.

Michigan flower-grower Lynn Robson is an example of the current law's shortcomings. Robson's neighbor volunteered to help him build on to a greenhouse. The neighbor was up on a pallet secured to a forklift when an OSHA inspector visited and subsequently fined Robson for a workplace safety violation. In testimony before Congress, Robson said, "I tried to explain that I was not a contractor or in any way related to the construction industry. My friend was not an employee, he was just doing what all of us in farming do, trying to help." Robson fought the OSHA fine, but a year later, the inspectors refuse to finalize Robson's case. Robson told lawmakers, "I don't think I've done anything wrong, and it cuts against the grain to pay a fine when I feel I'm innocent. Why shouldn't OSHA have to pay (my legal fees) if I'm proven innocent?" Robson and AFBF believe H.R. 2731 will "level the playing field" between small farmers and OSHA.

 
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