NGFA Newsletter

Volume 52, Number 21, November 16, 2000

 

 

NGFA Meets with Glickman on StarLink™ Compensation

for Commercial Grain Handlers and Processorsã

 

By Randall C. Gordon

Vice President, Communications and Government Relations

National Grain and Feed Assoication

 

The NGFA and representatives of several other organizations met with Secretary of Agriculture Dan Glickman and his key staff on Nov. 15 to discuss the need to develop greater clarity in the approaches being taken to addressing compensation issues for commercial grain handlers, processors and exporters for inventories inadvertently commingled with StarLink^TM  corn.

 

Also attending the positive meeting were representatives of the North American Export Grain Association, North American Millers Association, National Corn Growers Association, American Farm Bureau Federation and the National Farmers Union.

 

NAEGA, NAMA and NCGA had joined the NGFA in a Nov. 2 letter urging USDA to take a more active role in ensuring that grain handlers and processors are compensated for financial losses resulting from the inadvertent commingling of StarLink™ corn with other varieties whose uses are not restricted.  The letter suggested that such costs be borne by Aventis CropScience, and emanated from concern that the company and its seed partners have not provided sufficient assurances that they will fully compensate grain handlers and processors for costs – particularly lost-market value – associated with redirecting StarLink-commingled stocks to approved uses. 

 

Specifically, the letter urged that such compensation include documented costs associated with: 1) the actual market differences between the original contract price and the sales price in the feed or non-food industrial-use market that ultimately accepts delivery of  commercial corn stocks containing StarLink; 2) testing costs (both direct and for additional workforce and logistics) resulting from delays required to conduct tests at both elevators and processing facilities; 3) demurrage costs resulting from rejection and/or rerouting of shipments to alternative markets; 4) additional freight and leasing costs; 5) direct costs and losses involved in temporary shut-downs of processing facilities to purge mills of StarLink corn and derivative products; and 6) processor costs associated with recalls and withdrawals.

 

EPA Appoints Scientific Advisory Panel to Review Aventis Safety Assessment:  In a related matter, the Environmental Protection Agency this week released the names of its 15-member Scientific Advisory Panel that will meet on Nov. 28-29 to consider the revised safety assessment on StarLink corn submitted on Oct. 25 by Aventis CropScience, which is seeking an exemption from a tolerance for StarLink in human food.  Among those appointed to the panel are Dr. Charles Hurburgh, agricultural engineering professor at Iowa State University, Ames, Iowa; Dr. Phil Kenkel, agricultural economist at the University of Tennessee, Knoxville, Tenn.; and Dr. Dirk Maier of Purdue University’s Agricultural Engineering Department, West Lafayette, Ind.  The panel is chaired by Dr. Stephen M. Roberts, professor and program director for the Center for Environmental and Human Toxicology at the University of Florida, Gainsville, Fla. 

 

EPA this week also released its “preliminary evaluation” of the safety assessment submitted by Aventis, as well as a two-page list of questions it asked the Scientific Advisory Panel to consider.  In its “preliminary evaluation,” EPA said that while it did not “completely agree” with Aventis’ newly submitted information on potential dietary exposure to the Cry9C protein present in StarLink, the agency “thinks that the available information supports an overall conclusion that the potential dietary exposure…is extremely low – in the range of parts per billion or parts per trillion of food consumption by the most highly exposed individuals in the population.”  EPA said it was seeking the views of its scientific advisory panel on whether Aventis has “demonstrated scientifically a level of exposure below which Cry9C would not elicit an allergic response in sensitized individuals, if Cry9C behaves as an allergen.”

 

The agency said it still has questions on whether Cry9C is a potential allergen, as well as on the potential sensitivity of humans to the protein.  EPA also said it questions whether it is useful to compare Cry9C to other known food allergens “because there is no scientific basis to conclude whether Cry9C behaves in the same manner as these allergens.” 

 

USDA Issues Protocol for Food Corn Exports to Japan:   Meanwhile, USDA on Nov. 3 released a “Protocol for Food Corn Exported to Japan,” reflecting an understanding reached with the Japanese Ministry of Health and Welfare on quality-assurance steps in the U.S. market designed to meet Japan’s food regulatory requirements banning StarLink corn.  The protocol is available in the StarLink section of the NGFA’s web site at:  www.ngfa.org.  Among other things, the protocol provides for corn exported to Japan for food purposes to be tested for the presence of StarLink at interior locations and its identity preserved to the export vessel.  At interior shipping points, the protocol calls for a quick test on a minimum of three, 400-kernel samples, with identity-preservation measures to be implemented for the conveyance if the test results are negative. Sampling and testing services in the interior market are to be conducted either by USDA or in accordance with USDA procedures, as specified in the terms of the export sales contract, the protocol states.  USDA’s Federal Grain Inspection Service on Nov. 15 issued a directive (9181.1) containing such testing procedures, which is available on the StarLink section of the NGFA web site by clicking here http://www.usda.gov/gipsa/reference-library/directi/9181-1.pdf.

 

The extent to which the protocol is used will depend on the terms of the export sales contract.  The protocol is to be reviewed again in one year. 

 

 

NGFA and AFIA Announce Areas of Cooperationã

 

By Kendell W. Keith, President

National Grain and Feed Assoication

 

The respective Boards of Directors of the National Grain and Feed Association and the American Feed Industry Association (AFIA) have approved several areas of cooperation between the two organizations.

 

The initiative is designed primarily to provide opportunities for both organizations to work together on issues of mutual interest and to expand the educational opportunities available to AFIA and NGFA members.  Under the arrangement, both organizations will retain their independence in developing and implementing policies and programs.  The NGFA’s feed-related policies and programs are focused on representing the needs and interests of feed manufacturers and the feeding sector (integrators).

 

The AFIA-NGFA agreement contains the following major elements:

 

 

 

 

 

 

 

 

 

The NGFA in previous years has entered into more formal strategic alliances with the Grain Elevator and Processing Society and the Pet Food Institute.

 

 

Divided Congress Awaits Outcome of Presidential Electionã

 

By David C. Lindsay

Director of Legislative Services

National Grain and Feed Assoication

 

The outcome of the Nov. 7 congressional elections will result in a nearly evenly split 107^th Congress when it convenes in January.

 

Here are how the numbers currently stand:

 

House:  As the NGFA Newsletter went to press, Republicans had won 220 seats and the Democrats 211.  Two Independents had been elected, and the outcomes of two congressional elections still were too close to call.  Five races are undergoing or will undergo recounts, including the battle for Minnesota’s second district, where Rep. David Minge, a Democrat and member of the House Agriculture Committee, was defeated by Republican Mark Kennedy by 149 votes.

 

Senate:  The senatorial elections resulted in a 50-49 split, leaving Republicans with a one-seat majority but with one race still outstanding.  In that race, incumbent Sen. Slade Gorton, R-Wash., was leading Democrat Maria Cantwell by 5,200 votes, with thousands of absentee ballots yet to be counted.  A recount is widely expected.  If Cantwell were to prevail and Al Gore be elected president, Republicans still would maintain control of the Senate because Lieberman must resign his Senate seat, which would be filled by the Republican governor of Connecticut, resulting in a 51-49 GOP majority.  If the Bush – Cheney ticket prevails, and Lieberman remains in the Senate, then Vice President Cheney would represent the tie-breaking vote.

 

Agriculture Committees to Experience Changes:  The House Agriculture Committee will see some new faces wielding subcommittee gavels when the new Congress convenes in January. 

 

Retiring were Reps. Bill Barrett, R-Neb., chairman of the General Farm Commodities, Resource Conservation and Credit Subcommittee, and Tom Ewing, R-Ill., chairman of the Risk Management, Research and Specialty Crops Subcommittee.  Prospective new chairs for those committees include John Boehner, R-Ohio, and Nick Smith, R-Mich., respectively.  Also leaving the House Agriculture Committee will be Reps. Charles T. Canady, R-Fla., and Helen Chenoweth-Hage, R-Idaho, both of whom are retiring, and Rep. Debbie Stebenow, D-Mich., who was elected to the Senate.  Minge was the only committee member to potentially lose an election bid.  The committee is expected to begin the process of rewriting the farm bill a year early, having laid the groundwork with an extensive series of field hearings on farm policy during the 106^th Congress.  Also, the panel could take up Clean Water Act regulations for farms and ranches, and biotech food legislation.

 

The Senate Agriculture Committee will not see the turnover that the House panel can expect, but the agenda is equally daunting.  Consideration of the farm bill also is on tap, plus possible legislation on biotech food and food safety regulations.  There will be some subcommittee chairmanship changes.

 

106^th Congress Plans December Wrap-Up:  Meanwhile, the current 106^th Congress will return during the week of Dec. 4 to in an effort to complete action on several unresolved appropriations bills before final adjournment.  The outstanding measures include bills to fund the Commerce, Justice, Education, Labor, and Health and Human Services Departments.  Those government agencies currently are operating under a stop-gap spending measure that allows them to function at fiscal year 2000 spending levels through Dec. 5.  Issues to be ironed out include Congress’ stance on the ergonomic regulations recently issued by the Clinton administration.  [See Tech Talk, page 6.]  Some Republicans want to include language that would allow a Bush administration to revoke the rules. 

 

 

Clinton Signs Bill Replacing Foreign Sales Corporation Tax Exemptionã

 

President Clinton today signed into law a bill (H.R. 4986) repealing a tax break known as the Foreign Sales Corporation exemption, and replacing it with an tax break on income earned from foreign sales.

 

The bill was passed by the House on Nov. 14 after having been approved unanimously by the Senate on Nov. 1.  The issue arose when the Foreign Sales Corporation exemption was challenged by the European Union in the World Trade Organization as an unfair trade subsidy.  The WTO concurred, and ordered the United States to replace or repeal the law, or face possible retaliatory measures by the EU.  However, the EU has indicated it finds the new law unacceptable and plans to initiate complaint proceedings with the WTO.

 

 

Clinton Signs Legislation Modernizing U.S. Warehouse Act,

Reauthorizing Grain Standards Actã

 

President Clinton on Nov. 9 signed into law (P.L. 106-472) legislation that modernizes the U.S. Warehouse Act and reauthorizes the U.S. Grain Standards Act.

 

The Senate had given final approval to the previously House-passed bill (H.R. 4788) on Oct. 24. 

 

U.S. Warehouse Act Provisions:  The new law represents a complete rewrite of the U.S. Warehouse Act, on which the NGFA worked extensively for several years with Congress, the U.S. Department of Agriculture, the cotton industry, the Association of American Warehouse Control Officials and the banking industry.

 

The new law allows federally licensed warehouse operators to issue electronic warehouse receipts for grain (an authority previously granted to cotton), as well as electronically transmit, under the authority of the U.S. Warehouse Act, other business documents (such as grade and weight certificates, phytosanitary certificates, bills of lading, export evidence certificates and other business-related documents required by letters of credit). 

 

The new law also: 1) expressly authorizes federal warehouse operators to enter into contracts or agreements with depositors to allocate available commercial storage space; 2) clarifies that federal warehouse operators are not obligated to store commodities not customarily handled in the area; 3) specifically authorizes the commingling of grain; 4) authorizes USDA to accept financial instruments other than bonds (such as letters of credit or Treasury bills) to cover deficiencies in net worth; 5) expressly recognizes the enforceability of arbitration for resolving disputes between warehouse operators and depositors; 6) requires USDA to minimize examination fees, improve efficiencies and reduce costs of the federal warehouse system; 7) removes most economic regulation of storage and handling rates; 8) encourages USDA to work with state licensing authorities to improve efficiencies of both programs; and 9) protects the integrity of state warehouse laws and regulations from federal preemption.

 

U.S. Grain Standards Act Provisions:  The new law also contains a section reauthorizing the U.S. Grain Standards Act for five years (through Sept. 30, 2005).  This law governs the official U.S. grain standards and the operation of USDA’s Federal Grain Inspection Service, as well as provides authorization for that agency to collect fees for official services, such as inspection and weighing.  The law contains provisions strongly advocated by the NGFA that:

 

 

 

The law also contains a provision that prohibits the use of additives to disguise grain quality. 

 

 

Sign-Up for USDA Bioenergy Subsidy Program Set for Dec. 1-31

 

By Randall C. Gordon

Vice President, Communications and Government Relations

National Grain and Feed Assoication

 

The U.S. Department of Agriculture on Nov. 13 issued final regulations for its program under which ethanol and biodiesel producers will be eligible to receive incentive cash payments for increasing their utilization of eligible U.S. agricultural  commodities to increase bioenergy production. 

 

Signup for the $300 million program is scheduled for Dec. 1-31.  USDA said it will provide up to $150 million in fiscal years 2001 (which began Oct. 1, 2000) and 2002. 

 

Under the program, USDA’s Commodity Credit Corporation will make quarterly cash payments to ethanol and biodiesel manufacturers that increase production compared to the comparable quarter of the previous year.  Eligible commodities will be:  corn, soybeans, wheat, barley, sorghum, oats, rice, sunflower seed, canola, crambe, rapeseed, safflower, flaxseed, mustard seed and cellulosic crops (such as switchgrass and short-rotation trees), as well as other commodities or byproducts designated by CCC that are purchased for producing ethanol or biodiesel.  Sesame seed and cellulosic crops were added to the program, and USDA said it planned to issue another proposal in the future in response to requests from the rendering industry to include animal fats and oils in the program.

 

Level of Subsidy Payments:  The program is structured to provide higher payments to ethanol and biodiesel fuel producers that have less than 65 million gallons of annual production capacity – up from the 30-million-gallon breakpoint contained in USDA’s original proposal.  No single bioenergy producer is to receive more than 5 percent of the available funds.  If demand exceeds available funds, CCC will award payments on a pro-rata basis.

 

Under the final rule, ethanol and biodiesel fuel plants with a capacity of less than 65 million gallons will receive a cash payment equivalent to one bushel for every 2.5 bushels of additional corn or soybeans used in increased bioenergy production.  For plants with a capacity of 65 million gallons or more, the payment rate will be one bushel for every 3.5 bushels of increased corn or soybean utilized in producing bioenergy.  The payment ratio for other commodities will be announced by CCC.  The per-unit value for the cash payments will be equivalent to the posted county price (PCP) for the respective commodity in the county where the bioenergy plant is located, and will be set at the PCP in effect on the last day of the bioenergy production quarter for which the payment applies.

 

The final rule also includes a requirement that bioenergy producers aggregate production across all facilities in which the producer had an interest in the current or the previous fiscal year, so as to avoid situations in which there are artificial increases in production in individual plants resulting from a reorganization, change of ownership or shift of production from one plant to another.

 

Submitting Applications:  USDA’s final rule requires bioenergy producers interested in participating in the program during the current fiscal year (which ends Sept. 30) to sign up during the period Dec. 1-31.  USDA officials stressed that if bioenergy producers anticipate bringing a new plant on-line in mid-year, they need to apply now.  There will be annual signups for future fiscal years in which USDA offers the program.

 

To sign-up for the program, the bioenergy producer is required to obtain an “Agreement Form” (CCC-850) from USDA’s Kansas City Commodity Office that is to be filled out and returned.  The forms are available by contacting KCCO’s Contract Reconciliation Division at (816) 926-6454.  The form also is to be posted early during the week of Nov. 20 on the agency’s bioenergy web site, which is accessible at:  www.fsa.usda.gov/daco/bioenergy/bioenergy.htm.  Completed, signed applications are to be returned to the KCCO at:  Contract Reconciliation Division, STOP 8758, USDA Kansas City Commodity Office, P.O. Box 419205, Kansas City, Mo., 64141-6205.  In the Agreement Form, the bioenergy producer is to estimate the expected increase in bioenergy production.  Thereafter, the agreement form is to be completed by the producer and returned to the KCCO no later than Oct. 1 of each year.

 

To receive payments, the participant will be required to submit quarterly “Application Forms” (CCC-850-A) that also will be available from KCCO’s Contract Reconciliation Division and at the same Internet address as listed previously.

 

 

Canada Imposes Duty on U.S. Corn Exportsã

 

By Randall C. Gordon

Vice President, Communications and Government Relations

National Grain and Feed Assoication

 

Canada’s Customs and Revenue Agency on Nov. 7 imposed a provisional duty of $1.58 per bushel on corn imported from the United States to areas west of the Manitoba/Ontario border.  The duty is payable by the importer.

 

In a statement, the Canadian agency said the preliminary results of its investigation “show that grain corn from the United States was dumped at prices that were on average $1.01 per bushel below profitable levels, and was subsidized by on average 57 cents per bushel.”  The agency is to complete its investigation and make a final decision by Feb. 5, which will be forwarded to Canada's International Trade Tribunal.  The Manitoba Corn Growers Association instigated the investigation.

 

Canada’s International Trade Tribunal issued a preliminary ruling on Oct. 10 stating that U.S. corn shipments were harming Canadian corn producers.  The provisional duty likely will remain in place until the tribunal completes a full inquiry – scheduled to occur by March 7, 2001 – with such collections directed to an escrow fund until that time.   If the tribunal determines that U.S. corn imports have caused damage to corn production in western Canada, the duties would be imposed for a five-year term.  If the investigation finds otherwise, the provisional duties paid by U.S. exporters would be refunded.

 

 

NGFA Urges STB to Improve, Strengthen Proposed Rule on Rail Mergersã

 

 

By Randall C. Gordon

Vice President, Communications and Government Relations

National Grain and Feed Assoication

 

The NGFA today (Nov. 16) urged the federal Surface Transportation Board to improve and strengthen its proposed rules that would govern future rail mergers and consolidations.

 

“…[W]hat really has been eliminated by rail mergers, and by the last few in particular, has been competition,” the NGFA said in a statement filed with the STB.  “If further mergers take place, the nation’s rail system will be in danger of evolving not into a duopoly, but into a dual monopoly – two transcontinental systems that are at best highly selective regarding, and at worst downright opposed to, the flow of rail traffic between each other….The NGFA believes that future rail mergers must be scrutinized by the STB with extreme care to insure that efficiencies and other benefits claimed are realistically obtainable and not otherwise available through alternative strategies.”

 

Enhancing Competition:   The NGFA said the STB’s proposal was vague on specifics for fulfilling the agency’s pledge to ensure “enhanced competition” among carriers after any future mergers. 

 

The association said the STB’s proposal was particularly deficient in spelling out how gateway, build-out and bottleneck rate protections would actually operate.  The NGFA reiterated its call for the STB to require that gateways be kept open, both physically and economically, as a condition for future mergers or acquisitions.  The NGFA also urged the STB to require rail carriers to quote a rate to or from an interchange point with another carrier; doing so would allow that rate to be challenged if it is unreasonable.  And the NGFA faulted the STB for not including a requirement for reciprocal switching to enhance competition in merger situations.   

 

Compensation for Service Disruptions:  The NGFA said the STB’s proposal fails to make merged carriers “strictly and fully accountable” for damages attributable to post-merger service failures.  The STB proposed only to perform post-approval monitoring of rail mergers and to establish a “Service Council” comprised of shippers carriers and other interested parties to provide an ongoing forum for discussing merger implementation issues. 

 

Specifically, the NGFA recommended that the STB’s rules:  1) compel railroads to respond to service failure damage claims within 120 days of receipt; 2) require carriers to apply a market-compensation standard for evaluating the payment of damages for service failures; 3) prohibit carriers from arbitrarily rejecting claims without presenting substantive reasons; and 4) require railroad merger applicants to agree to arbitrate service-failure claims that are not settled voluntarily. 

 

Transnational Issues:   The NGFA reiterated its call on the STB to require railroads involved in mergers with non-U.S. carriers to address cross-border car distribution, marketing and route-rationalization issues that affect the entire rail network to ensure the transaction does not undermine the interests of U.S. shippers or receivers.

 

 

OSHA Issues Ergonomics Standard; Business Challenges in Courtã

 

…NGFA Safety, Health and Environmental Quality Committee to Meet in December to Assess Final Standard’s Impact on Grain, Feed and Processing Industry…

 

By Thomas C. O’Connor

Director of Technical Services

National Grain and Feed Assoication

 

The Occupational Safety and Health Administration on Nov. 14 published its final standard on ergonomics.

 

But business groups, led by the U.S. Chamber of Commerce and the National Association of Manufacturers, immediately filed suit in federal court in an effort to forestall the standard on grounds that it is not scientifically justified and would cost several times the annual $4.5 billion estimated by OSHA.  The NGFA’s Safety, Health and Environmental Quality Committee is scheduled to meet in mid-December to assess the impact of the standard on the grain, feed and processing industry. 

 

Of the 610-page Federal Register notice comprising the rulemaking, the standard itself accounts for 15 pages.  The NGFA will be providing a comprehensive analysis of the ergonomics standard in a future edition of the NGFA Newsletter.

 

Who’s Covered:  In its final rule, OSHA expands the coverage of its ergonomics standard to all general industries, which the agency estimates will cover 102 million employees at 6.1 million worksites.  In its final rule, OSHA decided to apply the standard to all general industries because that category accounts for “90 percent of the musculoskeletal disorders reported each year.”

 

OSHA rejected the NGFA’s recommendation that the grain, feed and processing industry be exempted from the standard.  However, the agency chose not to apply the ergonomics standard to construction, maritime, railroad and farming operations, saying it may phase in the standard to one or more of those sectors at a future date.

 

What Are Musculoskeletal Disorders:  OSHA defines musculoskeletal disorders as a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage, blood vessels or spinal discs.  For purposes of the standard, the definition applies only to musculoskeletal disorders in the following areas of the body that have been associated with exposure to risk factors:  neck, shoulder, elbow, forearm, wrist, hand, abdomen (hernia only), back, knee, ankle and foot.  Musculoskeletal disorders may include muscle strains and tears, ligament sprains, joint and tendon inflammation, pinched nerves and spinal disc degeneration. 

 

OSHA cited the following medical conditions involving musculoskeletal disorders that are potentially covered by the standard:  low back pain, tension neck syndrome, carpal tunnel syndrome, rotator cuff syndrome, DeQuervain’s syndrome, trigger finger, tarsal tunnel syndrome, sciatica, epicondylitis, tendonitis, Raynaud’s phenomenon, hand-arm vibration syndrome, carpet layer’s knee, and herniated   spinal disc. 

 

Injuries arising from slips, trips, falls, motor vehicle accidents or other similar accidents are not considered to be musculoskeletal disorders covered by the standard. 

 

What’s Required:  Under the standard, businesses are required to provide all employees with information about musculoskeletal disorders, as well as the standard and its requirements by Oct. 14, 2001.  On or after Oct. 14, 2001, employers are required to begin receiving and responding to reports from employees who maintain that they have signs or symptoms of musculoskeletal disorders.

 

If an employee reports a musculoskeletal disorder, sign or symptom, the employer then is required within seven calendar days to determine if the disorder qualifies as a “musculoskeletal disorder incident.”  An incident qualifies as such if the employer determines that the incident is work-related and: 1) requires days away from work, restricted work or medical treatment beyond first aid; or 2) the signs or symptoms last for seven consecutive days after the employee reported them.  If so the employer then is required to determine if the employee’s job meets the criteria for an “action trigger” that would activate the other provisions of the standard.  The “action trigger” is met if:  1) a musculoskeletal incident has occurred previously in that same job; and 2) the employee’s job routinely involves exposure to one or more relevant risk factors specified in the standard on one or more days a week.

 

If the employer determines that the “action trigger” criteria are met, the employer is required to either:

 

•  adopt a full-fledged ergonomics program, which includes requirements for management leadership and employee participation; musculoskeletal disorder management; performing job hazard analyses; implementation of hazard reduction and control measures; employee training; and recordkeeping.  Among the requirements are to provide – at no cost to the employee:  1) access to a health care provider; and 2) temporary work restrictions (while maintaining 100 percent of the employee’s earnings) or time off for recovery (while maintaining 90 percent of the employee’s earnings) for up to 90 calendar days.  Concerning hazard reduction and controls, the standard requires that for each “problem job,” the employer implement “feasible engineering, work practice or administrative controls, or any combination of them, to reduce musculoskeletal disorder hazards in the job.  Where feasible, engineering controls (e.g., equipment and design changes) are the preferred method of control,” the standard states.  As part of the ergonomics program, the standard also requires that employers provide initial training and then follow-up training for employees every three years.

 

or

 

•  undertake what OSHA calls a “quick-fix option.”  Among other things, this option requires the employer to implement changes within 90 days to control or reduce the musculoskeletal hazards, and reassess the controls within 30 days after they have been implemented to determine their effectiveness.  However, the “quick-fix option” is only available if the workplace’s employees have experienced no more than one musculoskeletal disorder incident in the particular job function, and there have been no more than two musculoskeletal incidents in the establishment in the preceding 18 months.

 

In addition, the standard requires employers with 11 or more employees, including part-time or temporary employees, to maintain written or electronic records of reports of musculoskeletal disorder incidents, signs or symptoms, as well as the employer’s response to such reports, job hazard analyses performed by the employer, and hazard-control measures that are implemented.