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The 2023 NCAA men’s basketball tourney has been a source of frustration for millions of fans who studied the teams closely and filled out their brackets, to only then tear up their brackets after the first round. An unpredictable outcome was also seen at the Occupational Safety and Health Standards Board last week when the chair of the Board reversed himself in the middle of the hearing thereby defeating our effort to begin the regulatory process to update a 1970s regulation to allow for use of autonomous farm equipment.
Below is a recap of what happened.
The Issue
For more than a year, CAWG has been pushing to amend Section 3441 of Title 8 of the California Code of Regulations to allow for the use of autonomous farm equipment without there needing to be a person on board the equipment at the controls. The first step is simply to initiate a rulemaking process through the creation of an advisory committee.
Panel Discussion
In that effort, last week the Board hosted a panel discussion on the safety and need for the equipment. The panel was comprised of representatives from Fresno State University, John Deere, CAWG, and labor unions. Throughout the panel discussion, four board members (including the chair) made it clear that they would support the initiation of a regulatory proceeding. Those four votes meant we would prevail and would see the creation of an advisory committee at the end of the public meeting. The Board then took a late 30-minute lunch break. Call it half-time if you will.
Public Comment
When returning to the hearing after the break, the Board heard additional public comments from manufacturers, California Farm Bureau, California Farmworker Foundation, Association of Equipment Manufacturers, Fresno Economic Development Council, Western Growers, and others in support. Labor unions and CRLA also testified saying they are opposed to the creation of an advisory committee and want the regulation to remain as-is.
The Flip
After public comment, the chair of the board, Dave Thomas, flipped and said he would not support a proceeding going forward. His only explanation was that he believed creating an advisory committee would be premature. It got a bit hostile between board members who saw the chair’s public flip. Initially, the chair refused to allow a motion to create the advisory committee. The three board members in support of our efforts pushed back, and the chair eventually gave in and allowed a Board member to make the motion. The motion was defeated, and we lost on a 3-3 vote. With no overtime to play, this tie score was counted as a loss.
Next Steps
While we may want to tear up our Cal/OSHA bracket and call it a day, we cannot disengage on this issue. Leaving this regulation as-is means that growers may face fines and penalties for use of technology that is good for the environment, less risky for workers, cost-effective, and promotes sustainable practices through precision viticulture. Leaving the regulation as-is puts growers at substantial risk.
So, CAWG will continue its work with our partners in agriculture, academia, and manufacturing to map out a strategy to continue our commonsense effort of updating a 50-year-old regulation that is based on 80-year-old technology.
There is a funny commercial running during March Madness that ends with Charles Barkley, Magic Johnson, and Samuel L. Jackson heckling a referee played by Spike Lee. The commercial includes an image of the referee’s phone displaying “10 missed calls.” The chair of the Board clearly missed the call last week. But we will play on nonetheless, as this effort is far.
