Last month, we announced a survey of the WASA membership regarding various operational and personnel data. That survey is now complete with approximately 34% of regular in-state WASA members participating. The individual responses remain absolutely confidential and the survey results show only aggregate averages. The survey results are available from the WASA office by individual request only. There will not be a general mailing of the results, nor are they available in any form to non-members.

We wish to thank all the members who took the few minutes required to complete the survey. It’s because of you; the numbers are available.

Late last month, an Illinois grain handler voluntarily surrendered their grain license after an investigation by the Illinois Department of Agriculture. All of Ty-Walk Liquid Sales’ grain facilities have been closed, and the Illinois Department of Agriculture is serving as trustee of those facilities. Department investigators are reviewing company records, are identifying and securing company assets and are identifying the firm’s liabilities.

The Illinois Department of Agriculture took control of the company’s four grain-handling facilities in Minooka, Elwood, Joliet and Seneca, IL. Since then, the state auctioned off the company-owned grain stocks including approximately 11 million bushels of corn. The state is still attempting to sort out the financial situation at the company, but one point is very clear and that is there was not enough assets to cover payables to producers. Because of this situation producers will be able to file claims under the Illinois Grain Insurance fund. The Fund has a sliding scale for payment and not all producers will receive 100% of the amount owed and some, due to the unique circumstances, may not receive anything.

WASA staff is unaware of any Wisconsin producers that are directly involved in this situation, but are aware there are some WASA members that had dealings with Ty-Walk, and stand to lose relatively small amounts because of the default. The interesting point in this case is that the firm underwent an Illinois Department of Agriculture annual audit earlier in February of this year, and the company remained open. It was only later during a private bank audit in late July that questions and suspicions were raised. The Illinois Department of Agriculture was then notified through a rather lengthy route and only then in August was action taken to halt Ty-Walk’s business operations. We’ll keep you updated with any further developments.

After months of seeming inactivity in the vitamin price fixing settlement claims process, suddenly a flurry of action. Earlier this month, the group of Attorneys General that participated in the settlement have set a couple of very important dates.

If you intend to opt-out and pursue your own claim individually or as a member of a group, you must complete a Request for Exclusion form. The Settlement Administrator must receive the Request for Exclusion form no later than Friday, December 7, 2001.

If you wish to remain and participate in the settlement, you must file a Proof of Claim form with the Settlement Administrator no later than Monday, January 7, 2002. You can receive a Notice Packet, which has all the necessary forms including a Proof of Claim form, by either calling 1-800-424-6662 or visiting the website www.vitaminlitigation.com and following the instructions there.

Disclaimer: Neither the WASA Board of Directors nor its staff has taken a position regarding whether individual members of the Association should remain in the class action settlement or opt-out and participate in a group pursuing further action against the defendants. That decision is a private decision made individually by the management, owners and/or boards of each member of WASA based on their own views and situations. The information is solely provided to inform the membership.

We recently completed this year’s rounds of the Golf "Fore" Scholarship program with record attendance at each outing. The Wisconsin Dells event at the Wilderness Woods Golf Club was unfortunately shortened by rain and lightening, but the comments regarding the course and facility were a collective "Wow." You’ll find an insert in this newsletter listing the very generous sponsors of the events at both Stevens Point Country Club and at Wilderness Woods. If you cross paths with any of these folks please thank them for their generous support of a great program. And we’ve already got plans in the works for next year and we’re working to keep the rain away.

We have not experienced as many OSHA inspections as similar facilities in our neighboring states. In addition to the overall good safety record of agribusiness in Wisconsin, one of the reasons why may be the fact that, until recently, Wisconsin has not had a compliance safety & health officer (CSHO), that has been trained to conduct inspections of grain handling facilities.

However, just because your operation has not been inspected in the past, does not mean that you may not be, in the future. As of June, the OSHA office in Madison has a CSHO, with an industrial hygiene background, who will be assigned to conduct inspections of grain handling facilities in the state. Actually, his first inspection was conducted in July and resulted in nine alleged violations, with proposed penalties in excess of $11,000.

As an insert to this newsletter, is a listing of OSHA standards that have been cited in compliance inspections of Wisconsin grain handling facilities, since May 2000. While WASA is aware of only four Wisconsin facilities being inspected in this period, the combined proposed penalties exceeded $126,000.

The WASA Loss Control Program can help you be in-compliance before you're inspected. For more details, contact RB Willder, in the WASA office, at your convenience.

"Your trucks don't have to ever leave the state for you to be considered an interstate motor carrier." That was the message from Federal Motor Carrier Safety Administration (FMCSA) Division Administrator, Bill Vickery, at a recent meeting of Wisconsin milk haulers. He went on to state that, "even if you don't have any trucks, you may be in interstate commerce, if your stored grain [or milk], is transported from a bin (or tank), out of Wisconsin to a processing facility." WASA staff is trying to discover why the Feds are taking this ‘new’ position and what the ultimate impact upon our industry might be. To that end, WASA is working with NGFA, as well as other trade associations.

You may also find it surprising that drug & alcohol program violations now exceed hours of service violations, at least in Wisconsin. Recent safety reviews of motor carriers have resulted in an alarming number of drug & alcohol program violations, ranging from not doing pre-duty drug tests, to not knowing about the need to have a program. FMCSA Division Administrator Vickery stated that these types of violations would be actively prosecuted and indicated that some carriers in Wisconsin have already been shutdown.

The WASA Drug & Alcohol Testing Consortium can provide you with all the information, materials, training and support that you need to comply with the mandatory federal motor carrier and drug free workplace regulations. We can also help you establish a voluntary program for your company.

For more details, contact RB Willder, in the WASA office, at your convenience.

The WASA staff received a phone call the other day from the Wisconsin Department of Justice Division of Narcotics Enforcement. The caller told us they want to step up awareness of anhydrous ammonia thefts that are used almost exclusively in the production of methamphetamine. In spite of the toughening of meth possession and production penalties, meth production continues to expand across the state. Just last week, six new labs were busted and so far this year, 40 labs have been found and destroyed. That compares with 30 labs found in all of last year. WASA will work with law enforcement to increase awareness of this problem.