Header:
CALIFORNIA CODE OF REGULATIONS
TITLE 8. INDUSTRIAL RELATIONS
DIVISION 2. AGRICULTURAL LABOR RELATIONS BOARD
CHAPTER 9. SOLICITATION BY NON-EMPLOYEE ORGANIZERS
Date:
08/31/2009
Document:
ยง 20901. Limitation for Special Segments of Agriculture
(a) Dairy, Poultry and Egg Segments of Agriculture: We find that certain conditions exist in the dairy, poultry and egg segments of agriculture which set them apart from all other elements of the industry. These conditions include: (1) the possible transmission of animal disease, (2) possible product contamination,and (3) possible animal stress. Because of these combined conditions, we deem non-employee access into the following limited areas to be prohibited:
(1) Dairy Industry: The milk barn and the milk house.
(2) Poultry and Egg Industry:
(A) Hatcheries: Those covered and enclosed areas of the farm in which the eggs are handled and incubated, and in which the chicks and poults are maintained.
(B) Poultry Production: Those covered or enclosed areas of the farm in which the poultry is housed or otherwise maintained.
(C) Egg Production: Those covered or enclosed areas of the farm in which the hens are housed or otherwise maintained.
The employer shall clearly mark and post areas of prohibited access, consistent with the above prohibitions.
To the extent that employees are permitted to remain in the prohibited areas established herein during their lunch period or during the period of one hour before the start of work and one hour after the completion of work as provided in Section 20900(e)(3), the employer shall be deemed to have waived the special limitations of this section and shall not prohibit access thereto.
(b) Nursery and Floral Segments of Agriculture: We find that certain conditions exist in that segment of the nursery industry that uses predominantly covered growing areas that set it apart from all other forms of agriculture. These conditions include: (1) the covering of the growing area itself, (2) the constant danger of spread of disease, (3) the need for temperature control, (4) the costly and complicated mechanism needed to supply the temperature control, (5) the high degree of vulnerability of this mechanism, (6) the sophisticated and equally vulnerable fertilizer and watering systems and (7) the frequent indoor spraying of lethal insecticides. Because of these combined conditions, we deem non-employee access into all covered growing areas (be they covered by glass, plastic or wooden lath), and entry into any propagation areas housed in any other permanent structures, as well as entry into those structures that house nursery fertilizer and watering systems and temperature control systems to be prohibited.
The employer shall clearly mark and post areas of prohibited access, consistent with the above prohibitions. To the extent that employees are permitted to remain in the prohibited areas during their lunch break, or during the hour before or after work, the employer shall be deemed to have waived the special limitations in this section and shall permit access thereto pursuant to the provisions of Section 20900(e)(3).
Because the combined conditions set forth above are not applicable to the so-called bare root industry, which includes the growing of roses, deciduous fruit, nut and shade trees, we deem it unnecessary to make any modifications with respect to it.
In those nurseries that grow products in covered areas as well as in open fields, e.g., the bare root industry, the limits set forth above will apply only to the covered growing areas.
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