How Does Your Safety Program “PAIR” With Your Workers?

By: Michael Harding, Senior Risk Solution Specialist, Markel Specialty

With the intensity of the wine season gearing up and peak times just around the corner, how prepared are you to protect the health and safety of your workers? Protecting your employees is crucial to attaining your orchard and vineyard goals and having a successful operation. Having a solid and functioning safety plan in force results in better productivity, enables your workers to thrive and contribute to the performance of your business.  A good safety program is a win –win for everyone!

  Regardless of the size of your operation, it is your responsibility as an employer, to have a safety program in place.  Depending on the size of your operation, your safety program may be informal or it may need to be more formal in nature – every winery is different. You’ll obviously want to abide by any government safety regulations that apply but there are also several safety management practices that will help you better demonstrate your commitment to safety, provide a safer working environment for your workers and yield you more efficiencies within your business. 

  It is not uncommon for a winery to produce a safety manual from an online template, issue it to their workers, briefly review it during a new employee training session and in turn, believe they have an effective safety program. Even though doing this is important, there are additional ways to visibly support your safety program to the point where it actually becomes “operationalized” into your day-to-day activities.  Outlined below you will find some of the ways we have found to be very effective to visibly demonstrate your support of your safety program.

Effective Ways to Promote a Safety Program at a Winery Safety Policy and Program

1.  Draft a safety policy statement and sign it, better yet, have all of your supervisors sign it too.

2.  Make sure that your workers receive this policy statement either through an employee handbook, an employee bulletin board posting or through new employee orientations and meetings.

3.  Safety responsibilities should be formally assigned to a single individual to coordinate safety compliance efforts, accident investigation, and emergency procedures.

4.  Verify that appropriate safety responsibilities are also defined for everyone else.

5.  Work with either your insurance carrier or your insurance broker to establish an internal claims cost containment or return to work policy to reduce post-accident injury expenses.

6.  Hold supervisors accountable in annual performance reviews in part for safety objectives and/or the accident results of their workers.

Safety Rules and Standards

1.  Workers need to know how to safely do their job by having general work procedures and safety rules developed for your winery operation. High risk procedures like confined space entry, lockout / tagout, any work at heights, etc., need to be in writing.

2.  Safety rules are as important as any other part of your business. Write them so they are simple and easy to understand. Distribute them to all workers and have them sign an acknowledgment of understanding. Also post them in a common area as a reminder to everyone.

3.  Have a disciplinary system in place to deal with any safety rule violations.

4.  Develop a plan for winery emergencies like natural disasters and fires to make sure your workers know how to effectively respond in emergency situations.

Safety Training

1.  Make sure you have a safety orientation plan in place. Complete the orientation before workers begin a new job. Workers need hands on job training.

2.  Train your supervisory personnel so they can conduct safety inspections related to workplace safety hazards or applicable regulations in their area on a regular basis.

3.  Review your winery operations to determine the safety training needs for all work areas. This would include areas such as: emergency response to fire or injury, confined space, electrical safety, handling of chemicals, fall prevention and wearing of personal protective equipment, just to mention a few.

4.  Supervisory safety training sessions should be held regularly, addressing the following: accident investigation, conducting safety talks, understanding workers compensation, complying with government safety regulations, completing safety inspections, and controlling employee accident costs, as needed.

Safety Inspections

1.  Formal safety inspections should be conducted regularly by supervisors or other management staff. Document the results of these inspections.

2.  On a daily basis, supervisors should routinely conduct informal safety inspections with any negative findings documented and corrected.

3.  Consider developing customized safety inspection checklists for each area to ensure your inspections are thorough and consistent.

4.  Have a follow-up system in place to make sure that systematic corrective action is being taken on the deficiencies noted during safety inspections.

5.  Regularly update your safety inspection procedures and checklists by utilizing information generated in accident investigation reports so you can prevent recurring incidents.

Accident Investigation

1.  Have a supervisor (of the employee) investigate all injuries requiring medical treatment along with any “near misses” to make sure they don’t happen again.

2.  Maintain accident statistics about injuries that occur in your winery operation and review them regularly in management staff meetings. An accident occurring within your facility should be considered a significant winery operational deficiency and you should appropriately take corrective measures for each one.

3.  Focus on fact finding, not fault finding to avoid attributing accident causes to employee carelessness or possible fraud on accident investigation reports. Identify the underlying root cause(s) for each accident.

4.  Have a first aid treatment procedure in place to help effectively reduce the severity of work-related injuries. You should include:

a)  A properly stocked first aid kit. The American Red Cross recommends: https://www.redcross.org/get-help/how-to-prepare-for-emergencies/anatomy-of-a-first-aid-kit.html

b)  Eye wash station(s). Grainger has an article describing where eye wash stations should be placed: https://www.grainger.com/content/qt-emergency-shower-eye-wash-stn-req-120

c) Employees trained / certified in first aid. First aid training is often available through local organizations such as the Red Cross, local fire departments, EMS, etc. Check your local area listings.

Personal Protective Equipment (PPE)

1.  Conduct a hazard assessment of your winery operations to determine any personal protective needs and requirements for your workers. Make sure appropriate PPE is readily available to all workers, they are trained in its use and they follow all established requirements.

2.  Hold your supervisory personnel responsible for enforcing the use of PPE devices. This would include such items as safety glasses, proper footwear, gloves, and hearing protection, etc.

3.  On a periodic basis, review accident and inspection reports to evaluate the use or need for any additional personal protective equipment devices.

Motivation

1.  Demonstrate safety is a priority at your winery by holding regular meetings with your workers and supervisors to talk about any safety concerns. Keep minutes of each of these meetings with what was talked about and who attended.

2.  Have an “alternative duty” transitional work program in place to encourage injured workers to remain on the job in restricted capacity.

3.  Consider having a constructive policy in place to address workers who have had two more injuries or property damage accidents during any twelve-month period of time.

4.  Establish ideas and plans to motivate all workers to follow existing safety policies/procedures in an effort to achieve specific safety goals through such methods as personal recognition, bonuses, awards, etc.

Mechanical Safeguards

1.  Survey any high accident areas, materials, processes or buildings annually if you are having occurrences to specifically evaluate the adequacy of your equipment safeguards and/or OSHA machinery guarding compliance.

2.  Identify and provide appropriate signage where guarding is required. Develop procedures when guards are required to be removed for service or maintenance.

3.  If protected by interlocks or safety switch, inspect these systems regularly to verify that they have not been disabled or bypassed.

General Operating Conditions

1.   Maintain good housekeeping practices in all of your working areas so as to reduce slip, trip and fall hazards.

2.   Prohibit the climbing on racks in any storage or warehousing operations. Provide and encourage the use of sound, sturdy ladders.

3.   If forklifts are used, provide required training to all operators. Order pickers, if used, must work from an approved platform and wear appropriate fall protection.

4.   Tractors, mowers and other power equipment should be provided with appropriate rollover protective devices (ROPS).

Vehicle Safety

1.   Motor vehicle records should be routinely obtained for all new drivers and updated annually.

2.   Motor vehicle records should be evaluated using a defined point system for all drivers on an annual basis.

3.   A record of training should be maintained on file for all personnel who have access to and operate vehicles, farm equipment, vans or other powered equipment during the course of their employment.

4.   Accident reporting kits should be kept in all vehicle glove compartments.

5.   Drivers should conduct vehicle inspections daily.

Conclusion

  At the end of the day, safety doesn’t need to be complicated. You can keep your program simple so that it meets the needs of your winery. Remember that:

•    Safety doesn’t happen without the person in charge and everyone else standing up and taking responsibility.

•    No one single person can be responsible for safety – more people making safety a priority correlated to fewer people being injured.

•    Stay with it – safety isn’t about written rules and handbooks, it’s about thinking about the potential dangers and what needs to be done to keep everyone safe.

By “pairing” these safety program components with what you and your workers do, you’ll be better prepared to meet the busy times ahead with safer and fewer injured employees. You, your employees and your business will all benefit!

  The information provided in this article is intended for general informational purposes only and should not be considered as all encompassing, or suitable for all situations, conditions, and environments.  Please contact us or your insurance professional if you have any questions. Products and services are offered through Markel Specialty, a business division of Markel Service Incorporated (national producer number 27585).  Policies are written by one or more Markel insurance companies. Terms and conditions for rate and coverage may vary.

For More Information Please Call Us At: 800-814-6773 Or Visit Our Website: markelinsurance.com/winery

Simplified Risk Management for Your Winery

By: Michael Harding, Senior Risk Solution Specialist, Markel Specialty

Take a look around. You must be so proud of where your winery is today! You’ve worked very hard to develop, finesse, and grow your winery to what you see in front of you. Countless hours and limited staffing have created a place of pride!

  You took a lot of risks to get your winery to where you are today. In fact, your winery probably wouldn’t exist if you hadn’t taken some of those risks. But now that it is more established, the risks are more significant – there is just so much more to lose! A serious calamity could be detrimental to all that you’ve built. And, unfortunately in today’s “mid-COVID” economic environment, limited staffing may present many challenges to your winery and it may be difficult to allot sufficient time to think about the many ways your winery might be impacted by previously unthought-of risks. Risks can be managed, however. Whether your winery is small or large, you have the responsibility to your employees, your clients, and yourself to invest in risk management planning.

  A lot of winery businesses only think about buying insurance when they think about risk management. However, many wineries don’t give much thought to other ways that they can protect their winery from the numerous risks that they face. Some risks are random and unpredictable (like weather and acts of nature). Others are more predictable and can be planned for – such as costs of supplies, overhead, new hires, and equipment replacement. There are also the other kinds of events that can – and do – happen almost anytime; they can disrupt your operations, take a chunk out of your reserves, kill your bank account, and cripple or destroy your winery.

  Trying to get your arms around all potential risks and attempting to completely eliminate them is unrealistic. On the other hand, not paying enough attention to relevant risk management issue can leave you unprotected. To that end, it makes sense to be cautious. The biggest challenge in risk management is to find the proper balance between peace of mind and running your winery.       

  Simply stated, risk management is a discipline for dealing with uncertainty. It provides you with an approach to recognize and confront the threats you face. Risk can be very complicated, but it doesn’t have to be. Every winery can start with a simple, easy-to-follow plan that can manage and lessen risk. If needed, you can expand from there.

Getting Started

  Risk management goes beyond just identifying risk; it is about learning to weigh your risks and making decisions about which risks deserve immediate attention.

  There are many ways to undertake risk identification; the key is using a system that allows you to identify major risks facing your winery. It is important to make a list and examine every risk, no matter how small; they could develop into something more serious over time. To begin, a risk assessment might  start by examining some of the different aspects of running your winery. You could look at your:

1.  Management practices

2.  Hiring and volunteer policies

3.  Training

4.  Staff, guest, and visitor safety

5.  Growing, harvesting, and production methods

6.  Insurance coverage

7.  Property and facilities

8.  Warehousing

9.  Workers compensation

10. Crisis and emergency planning

11. Auto and mobile equipment exposures

12. Social media

  Although this might, at first glance, appear to be complicated and involved, a simple way to start your own self-assessment that may be useful is to gather a few members of your staff representing various functions of your winery, and conduct a brainstorming session by asking a few questions:

1. What can go wrong?

2. What are you concerned about?

3. What will we do to prevent harm from occurring?

4. What will you do to lessen the worry?

5. How will you finance?

  Your answers to each will provide you with a direction for necessary action.

  From this session, you’ll undoubtedly have a sizable list with many concerns. And, just making a list of all possible risks is not enough. It is easy to quickly become overwhelmed, so you’ll need a way to take the risks you’re facing and put them into perspective. Not all risks are created equal. Risk management is not just about identifying risk; it is about learning to weigh various risks and making decisions about which risks deserve immediate attention. In doing this you will often find that your winery’s vulnerability to a risk is often a function of financial impact. What are the odds that a particular risk will materialize, and  how much is it likely to cost? How much does your winery stand to lose as a result? This helps quantify which risks are worth worrying about and which are not.

Using a Risk Matrix in Your Risk Assessment

  A risk matrix is a valuable tool you can use to help determine both the likelihood and the consequences of any particular risk. It helps you focus your attention on those issues that have higher consequences. In such a matrix, the likelihood is rated from probable to improbable and the consequences are rated from acceptable to intolerable. A risk that is almost certain to occur but has few serious consequences needs little attention. This enables you to identify and mitigate risks that may be less certain but have greater consequences.

Prioritize Your List

  Once you’ve assessed your risks, you can begin to take steps to control them – giving priority to those with the greatest likelihood of occurrence and/or biggest potential impact.

  Select appropriate risk management strategies and implement your plan. Here are four basic risk management techniques that can be used individually or in combination to address virtually most every risk you face:

1.    Avoid it: Whenever you can’t do something with a high degree of safety, you should choose avoidance as a risk management technique. Don’t engage in an activity or provide a service that pose too great a risk. In some cases, avoidance is the best technique because many wineries don’t have the financial resources required to fund the training, supervision, or other safety measures. Always ask, “Is there something we could do to provide this safely?” If the answer is “yes”, risk modification (#2 – next) may be more practical.

2.    Change it or modification: Modification is simply changing an activity or service to make it safer. Policies and procedures are examples of risk modification. For example, if a winery is concerned about the risk of using unsafe drivers make deliveries, they might add Department of Motor Vehicle (DMV) record checks to its screening process.

3.    Take it on yourself/retention: A winery may decide that other available techniques above aren’t suitable and it will retain the risk of harm or loss. For example, when a winery purchases liability insurance and elects a $1,000 deductible, it’s retaining risk. Where organizations get into trouble is when risk is retained unintentionally, such as within the exclusions of their insurance policy.

4.    Share it: Risk sharing involves sharing risk with another through a contract. (Insurance is an example that shares the financial impact of risks.)

  Monitor and update the risk management program. Your winery is a dynamic one that constantly faces new challenges and opportunities. Risk management techniques and plans should be reviewed periodically to make certain that they remain the most appropriate strategy for your needs and circumstances.

Conclusion

  The ultimate goal for your winery regarding risk is to create a culture where risk is routinely examined and managed, simply as part of your organization’s overall business process. Risk management starts with the management of a winery. By operating in a transparent and ethical manner, a lot of risks are mitigated by promoting a sense of accountability.

We can’t know what lies ahead, but we do want to be prepared to respond to future events effectively and gracefully. Make a conscious effort to identify and manage your exposures. Ask:

•    Can you avoid or eliminate the risk?

•    If not, can you control or mitigate the risk?

•    Can you transfer the responsibility of finance?

  Reckless leaders take reckless risks; prudent leaders take calculated risks. Risk management is the “calculator”.  Kayode Omosebi

YOUR RISK MANAGEMENT PROGRAM

  The next step is to involve others in your efforts. Remember that an effective risk management program can never be the responsibility of one individual. If you’ve already engaged a group, task force, or committee in identifying risks and strategies, you’re well on your way to implementing a risk management program.

  Keep in mind that many effective strategies for managing risk in a winery may not require any additional expenses. Time, attention, and resolve may be all that’s needed to increase the safety of vital assets. Give your team a deadline—a  date by which you plan to have made significant progress in achieving your risk management goals. Review your progress frequently and set new goals as you achieve the existing ones.

  As we have discussed, risk management need not be a complex and bewildering array of technical terms, actuarial tables, or probability statistics. On the contrary, risk management is, in large part, the application of healthy doses of common sense and sound planning.

  Remember that the simpler the risk management strategy is, the more likely it is that it will be applied. Yes, there may be items that are not considered in the first iteration of the plan, but at the outset, it is more important that your program be comprehensible rather than comprehensive. As you continue to develop and refine your plan, what now seems new and strange will become second nature.

  As time passes, your plan should become more inclusive as you address more risks in order of their priority. As stated at the beginning of this article, risk management is a process not a task, therefore it is important to constantly review what you are doing, celebrate your triumphs, and analyze the reasons behind any setbacks.

Demystifying Wholesale Wine Distribution

By: Becky Garrison

  At the virtual Oregon Wine Symposium held February 16-19, 2020, Jeff Lewis, Director of Education & National Sales, Revana Portfolio, and Colin Eddy, National Sales Manager, NW Wine Company, presented a seminar titled “Demystifying Wine Distribution: A Winery Toolkit to Help Build and Navigate Wholesale Distribution Across the United States.” They designed the seminar for winemakers looking to enter the wholesale channel for the first time, and those with existing distribution looking to expand their markets.

  Lewis and Eddy opened their conversation with a brief history of the 21st Amendment ratified on December 5, 1933, which repealed the 18th Amendment that launched prohibition. The 21st Amendment left it up to the states to govern the production and sale of alcohol. While every state has its own specific regulations, most stuck to the 3-Tier System separating producer, distributor and retailer.

  According to Lewis and Eddy, this 3-Tier System has multiple benefits. From a regulatory and educational point of view, this system ensures the safe handling of alcohol so that the final prod-ucts are safe for consumers. From an economic angle, this creates billions of dollars of local, state and federal tax revenue. The commercial benefits prevent a given winery from dominating the marketplace.

  Eddy said a key advantage of expanding into wholesale distribution is a daily representation of your brand. “You’ve got salespeople out there telling the story of your brand and letting custom-ers sample your wares. No one can be everywhere.”

  Distribution also ensures the ability to deliver products to licensed accounts in designated territo-ries and collect payment in accordance with state and federal laws so that both the manufacturer and producer get paid on agreed-upon terms.

  Another development that began in 2020 was a rise of online wine sales, with consumers pur-chasing bottles directly from a winery, a website like wine.com or an online service such as Drizly. Large wholesalers rolled out online purchasing websites that allowed retail shops, bars and restaurants to purchase wines online without the presence of sales representatives. “The les-son here is that people are comfortable having wine delivered to their home, and online platforms are getting future customers easier and safer access. That is something that’s going to continue,” Eddy said.

Achieving Success in the Wholesale Distribution Market

  Winemakers interested in expanding their sales should first ask themselves why they are inter-ested in wholesale distribution. “It’s important to remember you’re creating a whole new sales channel, and with that comes a whole set of variables,” said Lewis.

  Among those variables include how existing sales channels will interact with this new wholesale channel and how a wholesale distribution channel will impact the sales of wine clubs or winery-only wines. Is there enough wine in production to execute this plan?

  Lewis and Eddy broke down their approach into a toolkit designed to help winemakers achieve success in the wholesale distribution market. Their first recommendation is to review the current distribution landscape. Currently, there are 1,126 unique wine distributors across the U.S. In breaking down these numbers, 37% of these distributors reside in four states, with 141 distribu-tors in California alone. Also, the list of distributors continues to shrink and consolidate market share. Presently, the top ten distributors as follows: 

Southern Glazers Wine & Spirits

https://www.southernglazers.com

• 45 States

• 119 offices

• 1100+ wineries represented

•225 Oregon Wineries Represented (total U.S. market share 32%)

Republic National Distributing (RNDC)

https://www.rndc-usa.com

• 23 States

• 94 offices

• 1000+ wineries represented

• Major recent acquisitions in Young’s Market (2020) and Opici FL (2021) (total U.S. market share 19%)

Johnson Brothers

https://www.johnsonbrothers.com/suppliers

• 23 States

• 36 offices

• 430+ wineries represented California only

• 70+ Wineries represented (total U.S. market share 10%)

Breakthru Beverage Group

https://www.breakthrubev.com

• 16 States

• 40 offices

• 660+ wineries represented

Empire Distributors, Inc.

https://empiredist.com

• 4 States

• GA, NC, TN, CO 580+

• wineries represented

WineBow

https://www.winebow.com

• 22 States

•. 600+ wineries represented

• National Wholesaler R. Importer

Heidelberg Distributing Company

https://heidelbergdistributing.com

• 2 states OH/KY, 90+ wineries represented

• Services 26,000 retailers

Wine Warehouse

http://winewarehouse.com

• California ONLY

• 70+ wineries represented

Horizon Beverage

https://www.horizonbeverage.com

• 5 States

• Northeast Based

• 260+ wineries represented

Empire Merchants

https://www.empiremerchants.com

• New York only

  At present, there are 11,000 wineries, with 80% producing less than 5,000 cases a year. Another 16% of wineries are classified as small, producing 5,000 to 49,999 cases, 2% are medium pro-ducing 50,000 to 4,999,999 cases, and 1% are large wineries that generate 500,000 cases or more.

  Next, they said to explore what markets to target. An analysis of the desired markets will help determine which distributors would work best for those particular products you’re looking to sell. Where are people consuming wines, and which wines are they drinking?

  Along those lines, look at regulations in these particular states to assess if this is a market where it makes sense to enter at this junction.

  Presently, 13 states are one-price states. In these states, there’s no different pricing for restaurants or retail outlets and no quantity discounts.

•    Kansas,

•    Missouri

•    Oklahoma

•    Oregon

•    Virginia

•    New Hampshire

•    Utah

•    Idaho

•    Montana

•    New Jersey

•    Mississippi

•    Pennsylvania

•    Ohio. Also,

  Channel pricing is prohibited in 16 states. In these states, you cannot separate on- and off-premise pricing.

•    Kansas

•    Oklahoma

•    Virginia

•    New Hampshire

•    Utah

•    New York

•    Arizona

•    Washington

•    Idaho

•    Oregon

•    Montana

•    New Jersey

•    Mississippi

•    North Carolina

•    Ohio

•    Pennsylvania

  In addition, quantity discounts are restricted in Connecticut, Idaho, Kansas, Louisiana, Maine, Missouri, Minnesota, North Carolina, Ohio and Oklahoma.

  Next, Lewis and Eddy addressed state-controlled and franchise markets. Unless one has particu-larly strong relationships in an individual state, these markets do not represent an ideal place to start, and it can become difficult to change distributors should the need arise.

  The state-controlled markets are in Pennsylvania, Mississippi, Utah, Wyoming, New Hampshire and Maryland (Montgomery County), where the wholesaler acts as a broker to the state, or you sell directly to the state as the manufacturer, creating another “tier” to sell through.

  The franchise market is loosely defined as a market or defined territory in which one has a con-tractually binding agreement of representation with a wholesaler. Generally speaking, franchise markets protect the wholesaler or distributor from losing revenue and brands they’ve worked to build over time. Before entering into one of these markets, research the franchise law agreements for that particular state and define the parameters around potential future releases. If possible, sign a contract with these parameters. Thirteen states are currently under a franchise market.

•   Connecticut

•   Georgia

•   Idaho

•   Maine

•   Massachusetts

•   Michigan

•   Montana

•   New Mexico

•   North Carolina

•   Ohio

•   Tennessee

•   Vermont

•   Virginia

  The final market type they addressed was price posting. In certain markets, the winery and dis-tributor must post their wholesale pricing in advance with the state. The five states that require monthly price postings are Connecticut, Delaware, Missouri, New Jersey and New York. Also, they touched briefly on special situations like SS packs, Cuvée cases, and other “work-around methods” in pricing wines for different premise-types.

Choosing a Wholesale Distributor

  Lewis and Eddy advocate asking your pre-existing relationships which distributors they would recommend. Also, define the distribution partner’s territory and assess if their market focus is in sync with those markets you’re looking to target. Then look at those distributors and determine where your positioning might be within their portfolio.

  Examine the number of their active accounts with a particular focus on those deemed their key accounts. Will a new brand get buried because they represent other similar varietals that will re-ceive greater attention from this distributor, or can they market a new brand effectively? Does the pricing for your wine fit in with this distributor’s portfolio? Where are their most active sales channels? For example, if a distributor primarily targets bars and restaurants for sales, they will not be the best fit for a winery looking to enter the retail market.

  Lewis added that another huge part of this equation is the sales team and territory. “You might end up splitting a state up because these mid-level and smaller distributors aren’t big enough to cover an entire state.”

  Be sure to explore the distributor’s overall operation. What is the size of their staff, and is this staff commissioned? Who are the key decision-makers, and what is their overall reputation with-in the wine industry? Is there an ownership change or other management issues? Are they look-ing to consolidate or expand? What is their timeline for paying their wineries, and do they pay them on time? Does their warehouse and inventory practices work for your particular needs?

  They recommend the SevenFifty website https://go.sevenfifty.com/ as a valuable source in identifying brand competitors and researching distributors, as well as price positioning and mar-ket positioning. The website also allows you to look at which producers wholesale distributors have in their book.

Launching a Wholesale Distribution Program

  Before releasing a particular wine, be sure your sales reps and brand managers have adequate resources so they can tell the story behind this vintage. Be clear where you want your wine sold, as well as the pricing for placements. Along those lines, register your labels when applicable, and allow for ample time for this registration process to be completed. Determine if you need addi-tional staff to manage both this new sales channel and inventory.

  When planning a market visit to a distributor, timing is everything. Many distributors hold their general sales meetings on Mondays and Fridays, with most of their sales staff in attendance. Hence, these meetings represent an opportunity to tell the brand’s story and have the staff taste these wines.

  When going on a distributor ride-along, be mindful that most ride-alongs occur Tuesday through Thursday from 10:00 a.m. to 5:00 p.m. The typical visit is six accounts, though it could be any-where from five to nine with a break for lunch. (You will be expected to pay for lunch). Ask to see a list of accounts you will be visiting in advance. In particular, you need to know if you are visiting on- or off-premise accounts, as that will impact your attire and the sales materials you need to bring. Know your pricing and be prepared with collateral. During these visits, be flexi-ble. The distributor arranged an entire day of appointments around your wines, so be mindful when they need to do tasks such as putting in an order. Also, expect the occasional cancellation.

  A few things Eddy suggested to keep in mind once you have a distributor in place include monthly tracking to check your inventory and update your distributor on progress versus goals. He said wineries should know when it’s time to change pricing and be aware of chain presenta-tion schedules. “You need to be clear with your distributor regarding where you want your wines sold.”

  Finally, nothing is more important than having a plan. “Have a plan going in. Check up on it, and follow up,” said Eddy.

Don’t Get Caught Off Guard During Wildfire Season

By: Michael Harding, Senior Risk Solution Specialist, Markel Specialty

Weather conditions and natural disasters occasionally take a toll on vineyards and other agricultural production systems. Due to climate change and recurring droughts, some of which are severe, the frequency and severity of wildfires is expected to increase. These risks highlight the need for winegrowers and winery owners to be as prepared as possible to reduce risk.

Putting Your Plan Together

  Many wineries may have already revisited their evacuation plans and filed them with their respective state agencies. Staying current of wildfire season developments can help enhance your ongoing planning and preparedness. Technology can also support your wildland fire planning and response. Additional planning resources by the American Red Cross are available at: www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/wildfire.html

Steps to Take Before a Wildland Fire Event

•    Take a close look at your winery’s communication protocol for evacuations. Everyone should have a clear understanding of any community alarms that signal when you need to evacuate. Assign specific accountabilities to staff so everyone works collectively to achieve a positive outcome of protecting lives and property.

•    Work with your regional Forest Service to better understand emergency evacuation procedures in your area.

•    Coordinate with the American Red Cross, FEMA, and other emergency agencies to give them the locations of your evacuation sites. Invite your local fire department out as part of a fire pre-incident plan. They should be provided a map of your property, highlighting planned evacuation routes. They can also offer technical assistance to support your plan.

•    Prepare and post route maps for each site, including alternate routes. With a large fire, you may need to use “Plan B.”

•    Consider forming a cooperative agreement with another site to share resources and serve as an evacuation site.

•    Identify key equipment to be evacuated, including computers and other vital records. As part of your business continuity planning, programs should already have information backed up and stored remotely. But, in case you don’t, practice removing this equipment as part of your practice response.

•    Stock an ample supply of water and easily-prepared foods until rescue arrives.

Controlling Wildland Fire Exposures

  Wildland fires are one of the most catastrophic threats to wineries.  Protecting your structures from ignition and fire damage is an important program objective second only to an evacuation plan. Taking precautions ahead of time can help reduce the exposure of a wildfire intrusion. There are a number of proactive measures a winery can take to mitigate the property damage a wildland fire can cause.

  To support a fire adaptive community philosophy, the local fire department or authority having jurisdiction for your winery should require you to develop a landscape plan for your property. It is wise to seek their advice and incorporate their recommendations as you develop a plan specific to your location. You can learn more about fire adaptive community planning at the Fire Adaptive Communities, www.fireadapted.org

  According to the NFPA 1144 – Reducing Structure Ignition Hazards from Wildland Fires, fire protection plans should address four zones around a property.

What are the primary threats to property during a wildfire?

Research around property destruction vs. property survival in wildfires point to embers and small flames as the main way that the majority of properties ignite in wildfires. Embers are burning pieces of airborne wood and/or vegetation that can be carried more than a mile through the wind, they can cause spot fires and ignite structures, debris and other objects.

  There are methods for property owners to prepare their structures to withstand ember attacks and minimize the likelihood of flames or surface fire touching the structure or any attachments. Experiments, models and post-fire studies have shown structures ignite due to the condition of the structure and everything around it, up to 200’ from the foundation.  This is called the Structure Ignition Zone.

What is the Structure Ignition Zone?

  The concept of the structure ignition zone was developed by retired USDA Forest Service fire scientist Jack Cohen in the late 1990’s, following some breakthrough experimental research into how structures ignite due to the effects of radiant heat. 

The structure ignition zone is divided into three zones; immediate, intermediate and extended.

Immediate Zone

  The structure and the area 0-5’ from the furthest attached exterior point of the structure; defined as a non-combustible area. Science tells us this is the most important zone to take immediate action on as it is the most vulnerable to embers.

  START WITH THE STRUCTURES then move into the landscaping section of the Immediate Zone.

•    Clean roofs and gutters of dead leaves, debris and pine needles that could catch embers.

•    Replace or repair any loose or missing shingles or roof tiles to prevent ember penetration.

•    Reduce embers that could pass through vents in the eaves by installing 1/8” metal mesh screening.

•    Clean debris from exterior attic vents and install 1/8” metal mesh screening to reduce embers.

•    Repair or replace damaged or loose window screens and any broken windows. Screen or box-in areas below patios and decks with wire mesh to prevent debris and combustible materials from accumulating.

•    Move any flammable material away from wall exteriors – wooden pallets, mulch, flammable plants, leaves and needles, firewood piles – anything that can burn. Remove anything stored underneath decks or porches.

Intermediate Zone

  5-30’ from the furthest exterior point of the structure.  Landscaping/hardscaping – employing careful landscaping or creating breaks that can help influence and decrease fire behavior.

•    Clear vegetation from under large stationary propane tanks.

•    Create fuel breaks with driveways, walkways/paths, patios, and decks.

•    Keep lawns and native grasses mowed to a height of 4”.

•    Remove ladder fuels (vegetation under trees) so a surface fire cannot reach the crowns. Prune trees up to 6-10’ from the ground; for shorter trees do not exceed 1/3 of the overall tree height.

•    Space trees to have a minimum of 18’ between crowns with the distance increasing with the percentage of slope.

•    Tree placement should be planned to ensure the mature canopy is no closer than 10’ to the edge of the structure.

•    Tree and shrubs in this zone should be limited to small clusters of a few each to break up the continuity of the vegetation across the landscape.

Extended Zone

  30-100’, out to 200’. Landscaping – the goal here is not to eliminate fire but to interrupt fire’s path and keep flames smaller and on the ground.

•    Dispose of heavy accumulations of ground litter/debris.

•    Remove dead plant and tree material.

•    Remove small conifers growing between mature trees.

•    Remove vegetation adjacent to storage sheds or other outbuildings within this area.

•    Trees 30 to 60’ from the structure should have at least 12’ between canopy tops.

•    Trees 60 to 100’ from the structure should have at least 6’ between the canopy tops.

If an Evacuation Becomes Evident

•    If possible, identify the location and direction of the fire event. Remain cognizant that this can quickly change direction and speed.

•    Clearly explain your evacuation procedures to all that may be involved.

•    Identify special medical needs and gather emergency equipment and necessities, including trauma supplies for ready access.

•    Designate enough vehicles to evacuate everyone safely. Reinforce safe driving practices with all drivers.

•    Equip staff with emergency communications equipment (cell phones, walkie-talkies, whistles, flares, colored smoke canisters, etc.). Ask your local jurisdiction authority for suggestions.

•    Load key equipment, vital records, food, and water.

•    Ask qualified associates to disconnect and move LP gas tanks to a safer location, such as a gravel lot, or follow the manufacturer’s instructions to empty the tanks.

•    Warn firefighters of underground fuel storage or LP gas tanks before you leave.

  Making your facility fire resistant can help reduce property loss. However, keep in mind that these steps should be done only by assigned staff in conjunction with an evacuation and never require or allow staff to remain behind. Close and secure all doors and windows once combustible materials have been moved away from these openings.

•    Wet down buildings and roofs. There are commercial grade fire retardant products available that can help support your efforts to protect your property. But do your research ahead of time; and don’t let the application of these products reduce the priority of evacuating.

•    Have qualified personnel cut down trees in the fire path, bulldoze a firebreak, and cut field grass as short as possible.

•    Remove brush and dry vegetation near buildings.

Fire evacuation – What you need to know

  During wildfire season, you may be forced to evacuate in a hurry. People are your first priority; to include guests, staff and firefighters. Most fire evacuations provide at least a three-hour notice; but due to the scope of your operation, you may need to do it sooner. Take proactive steps before and during an evacuation to reduce anxiety and avoid injuries. Plan, prepare and practice.

Filing Claims

  In the event your area experiences a wildfire event, it is highly likely it will not only be monitored by your insurance agent, in addition to your insurance company. Pre-loss documentation, such as video recordings and pictures of buildings, business personal property inventories, should be up to date and included as part of your evacuation materials. Working with your agent is a great resource to understand what might be necessary to help with documentation, if you should need it.

Reference

•    NFPA 1144 – Reducing Structure Ignition Hazards from Wildland Fires, 2018 Edition. National Fire Protection Association. Quincy, MA 02169, 2018

•    Fire Adaptive Communities. Fire Adapted Communities Learning Network.

      www.fireadaptednetwork.org

•    Wildfire Safety.http://www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/wildfire.html. © 2019 The American National Red Cross

  This document is intended for general information purposes only, and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an “as is” basis, without warranty of any kind. This document can’t be assumed to contain every acceptable safety and compliance procedures or that additional procedures might not be appropriate under the circumstances.  Markel does not guarantee that this information is or can be relied on for compliance with any law or regulation, assurance against preventable losses, or freedom from legal liability.  This publication is not intended to be legal, underwriting, or any other type of professional advice.  Persons requiring advice should consult an independent adviser.  Markel does not guarantee any particular outcome and makes no commitment to update any information herein, or remove any items that are no longer accurate or complete.   Furthermore, Markel does not assume any liability to any person or organization for loss of damage caused by or resulting from any reliance placed on that content.

Are You Seeing the “Low Hanging Grapes?”

(What if OSHA Came Knocking at Your Door?)

Frequent Winery OSHA Violations – Are You in Compliance?

By: Michael Harding, Senior Risk Solution Specialist, Markel Specialty

If you’ve been doing this for a while, no one needs to tell you that operating a winery is NOT a simple business. There are many things to pay attention to in order to run your winery efficiently. You have to contend with regulatory approval, deal with all of the aspects of making your wine, obtain the right equipment, staffing, marketing & sales as well as sanitation and waste management – just to mention a few. Oh yea, don’t forget safety and OSHA compliance! Is that also on your list of things to manage?

  You might think that safety is just common sense and that your employees will always  work safely while on the job. This is not always the case. Each year thousands of employees die from work-related deaths and thousands more are injured on the job, many of which require numerous days away from work. This not only causes pain and stress for the employee and family but also costs employers (such as you) billions of dollars each year.

  The Occupational Safety and Health Act (OSHA, commonly called the OSH Act)was enacted in 1970 to “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions to preserve our human resources”. This OSH Act consists of a number of safety and health regulations that employers are required to follow. The OSH Act also allows states to enact their own safety and health laws as long as they are at least as strict (meaning some states regulate more than others) as the federal standards. As a winery, you are required to comply with these standards (either federal or your state’s program). So how do you think you doing?

  If you’ve never experienced an OSHA inspection, the National Safety Council has an excellent article, “What to expect when OSHA is inspecting” that can provide you with valuable insight regarding OSHA inspections. This article also highlights a list of programs that require records and proof documents that you may need to be maintaining.

  For this article, we’ll highlight frequently cited federal OSHA regulations for wineries (within NAICS Code of 312130) during the past year as well as violations cited in California (with one of the larger state OSHA programs and a large number of wineries).  We hope you and your winery find this information useful. We suggest you use this information to develop a checklist that you can use to help improve your safety program, where needed, and perform inspections to help you “see the low hanging grapes” regarding OSHA compliance. Of course, there may be  other safety regulations that may also apply to your winery so you’ll want to consider seeking out professional advice regarding any additional standards that may apply.

  Should you need help with any of these regulations, you can contact your local state OSHA office; most of them have a free voluntary compliance division that can offer free advice and assistance. They can also provide you with the specifics of each of the regulations governing your state.

Frequent Winery Violations

  Below you will find some of the frequently cited OSHA regulations within the winery industry. If you click on the heading of each, it will take you directly to the federal OSHA regulation.

  General Duty Clause: OSHA requires that each employer “furnish to each of its employees a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical harm to its employees.”

  With this you’re expected to identify and correct any health or safety hazards present in your work environment. This is a “high level” standard and a serious responsibility that you as an employer must address to reduce the chances of one of your employees being injured or harmed. OSHA provides guidance on what elements should be included in an effective occupational safety and health program.

  Some states (such as California) even require that employers develop a written “Injury and Illness Prevention Program” (IIPP) which is a basic safety program tailored to your winery operations. As part of an IIPP you are required to identify the hazards within your workplace and how you can eliminate or reduce them.

  Hazard Communication:  This standard requires that you must provide your employees information about the hazardous substances to which they might be exposed. This needs to be a written program that outlines your winery’s policies and procedures. You must use Safety Data Sheets (SDSs), appropriate labels and other forms of warning, along with training to make sure your employees understand the substances and how to protect themselves.

  Permit-Required Confined Spaces:  Generally speaking a confined space is a space not intended for continuous occupancy and has limited means for entry or exit. These have the potential to contain a hazardous atmosphere and other potential safety or health hazards. Fermentation tanks, silos and sumps are examples and must be evaluated to determine if they meet the definition of “permit required.” In turn you must prepare the space before entry and test the atmosphere with a calibrated direct-reading testing device. This standard also requires a written program that outlines how your winery will comply with the regulations governing confined space entry.

  Respiratory Protection:  Wherever needed, this regulation requires a written program that governs how your winery will select and use all respirator types ranging anywhere from disposable dust masks all the way up to a self-contained breathing apparatus (SCBA). With this you must develop written worksite- specific procedures.

  Medical Services and First Aid:  As an employer, you need to ensure that medical advice and consultation on matters of winery health are readily available. Since most wineries are not in close proximity to a medical facility, you need to have a person or persons adequately trained to provide first aid AND have adequate first aid supplies readily available. If you have any corrosive chemicals that your employees could be exposed to, then you need to have quick drenching or flushing capabilities provided in your work area for immediate emergency use.

  Emergency Eyewash and Shower Equipment:  The most common citation from this regulation is the lack of or insufficiency of an emergency eye wash. You must have an emergency eye wash whenever the eyes of one of your employees might come in contact with a substance that can cause corrosion, permanent tissue damage or severe irritation to their eyes, such as a fork truck lead battery charging station. Eye wash stations must meet certain criteria as defined in ANSI Z358.1-2014 and either be plumbed or have a self-contained reservoir capable of providing at least a 15 minute hands-free flow of continuous water.

  Personal Protective Equipment (PPE):  This is OSHA’s standard for governing personal protective equipment. As an employer, you must provide and employees must wear appropriate PPE whenever they could become injured or sick by not wearing it. This standard, linked above, places the responsibility of determining the where, what, when, how along with proper storage and care on each winery.

  Flexible Cords & other Assorted Electrical Hazards:  This is a common violation among wineries. Flexible extensions cords are frequently cited for misuse and abuse. Generally speaking you cannot use flexible cords to provide electricity to a piece of equipment when you should have installed an electric outlet. Also, you can’t connect one extension cord to another and then to another (also referred to as a “daisy chain”); you cannot extend cords through walls, windows or doors. You should have someone knowledgeable in this standard review your facility to identify any electrical concerns so that they can be quickly remedied.

  Moving Parts of Machinery or Equipment:  You can be cited for a machine guarding violation when moving parts of your equipment are not properly protecting the operator and other employees. Just think about an area where an employee could get part of their body injured by moving portions of your machinery or equipment. Crushing areas, bottling lines and conveyors are but a few examples that should be evaluated to make sure that they are adequately guarded. Your maintenance shop also should be regularly inspected to make sure that tools such as grinders and saws and the like have proper guards in place. Bottom line – if someone can get any part of their body into a moving part while it’s in operation, it probably should be guarded.

  Guardrails and Elevated Work Locations:  Your winery can be cited for not installing guardrails on the open sides of work areas that are more than 30 inches above the floor, ground, or surrounding working areas. Examples that might require guarding include platforms or other elevated locations which are accessed for maintenance or storage.

  A standard guardrail consists of a top rail, midrail, and posts. You must also install a toe board if falling tools or materials would be a hazard to employees working below. The vertical height of the guardrail must be 42 to 45 inches measured from the upper surface of the top rail. The guardrails must support 20 pounds per linear foot applied either horizontally or vertically downward on the rail.

Conclusion

  The intent of this article is to ensure that safety and health regulatory compliance is both “on your radar” and a recurring part of your business focus. By inspecting these and other safety and health matters in and around your winery, you can be in a better position to address the “low hanging grapes” and enhance the overall safety and well-being of your employees.

  This document is intended for general information purposes only, and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an “as is” basis, without warranty of any kind. This document can’t be assumed to contain every acceptable safety and compliance procedures or that additional procedures might not be appropriate under the circumstances.  Markel does not guarantee that this information is or can be relied on for compliance with any law or regulation, assurance against preventable losses, or freedom from legal liability.  This publication is not intended to be legal, underwriting, or any other type of professional advice.  Persons requiring advice should consult an independent adviser.  Markel does not guarantee any particular outcome and makes no commitment to update any information herein, or remove any items that are no longer accurate or complete.   Furthermore, Markel does not assume any liability to any person or organization for loss of damage caused by or resulting from any reliance placed on that content.

  *Markel Specialty is a business division of Markel Service, Incorporated, the underwriting manager for the Markel affiliated insurance companies.

Software for Wineries: Time-saving Technology Lifts Wineries to Higher Levels of Productivity

Credit: Vintrace

By: Cheryl Gray

Software applications are helping wineries worldwide manage day-to-day operations from vineyard to table, including that often elusive commodity: time. From tracking product inventory to monitoring grapes’ ripeness, time-saving winery software choices are available for virtually every business need. The question of what applications are on the market is immediately followed by where to find it.

  Process2Wine:  Leave it to the south of France to provide an answer by way of Process2Wine, a cloud-based SaaS vineyard and winery production management platform for desktop and mobile devices, developed by Ertus Group in Bordeaux, France. Created by a team of technicians, winemakers and oenologists, Process2Wine has been in use in wine regions of France, including Bordeaux, Burgundy, Champagne and Languedoc, since 2013. To expand into the United States, Ertus Group acquired Wine Management Systems in 2018. Clement Chivite, an experienced winemaker turned business manager in California, spearheaded the adaptation of Process2Wine to fit the U.S. and Canadian markets.

  “With Process2Wine, you can record all operations from vine to bottle. The software helps winemakers and growers manage record keeping and allows them to monitor their production by creating reporting at every stage of the winemaking process. Comparing procedures, inputs, analyses and costs year-over-year helps viticulturists and winemakers make the right decisions and find efficiencies based on accurate data. Plus, it saves so much time to be able to generate a 5140 report or a pesticide use report at the click of a button.

  “The software is continuously being updated. Our R&D aims to help the industry respond to new challenges, such as climate change, using the internet of things and precision agriculture.”

  Process2Wine customer assistance includes training sessions, online support and direct contact with client account managers.

  Vintrace:  Arriving from Australia to the U.S. in 2008, vintrace is a cloud-based global competitor, serving wineries of all sizes in North and South America, Europe, New Zealand and its native Australia.  Heather Crawford, general manager for the company’s North American division, told The Grapevine Magazine why the word “trace” is part of the company’s name.

  “Starting in the vineyard with assessments for harvest planning, creating bookings, writing work orders for grape processing, labs and all movements, ending with the final packaging and tracking of inventory, vintrace enables every part of the winery. With accurate, real-time information, time is saved at critical moments, like harvest, and fewer mistakes are made as all tanks, all vessels and all wines are tracked.”

  Crawford added that using vintrace’s application programming interface makes it possible for clients to expand the software’s productivity.

“Increasingly, we are seeing wineries extract production information from vintrace to put alongside other data, such as planning and forecasting, in tools like Microsoft Power BI, to better measure their operations. Using vintrace APIs makes this completely self-service.”

  Clients have access to either self-help or hands-on technical support from the vintrace team. Crawford said the application increases scanning capabilities and is available on Android and iOS for mobile connectivity.

  TeraVina:  Oztera, based in Pleasanton, California, partnered with Microsoft to offer TeraVina, a winery software application built on the Microsoft Dynamics Business Central (NAV) platform. Oztera provides both cloud-based and computer-installed winery software. Michael Stallman is the company’s director of business development.

  “We took the base functionality and underlying technology from Microsoft and extended that solution to provide winery specific functionality. We were fortunate to work with some very prestigious wineries and seasoned industry veterans to really focus on winery requirements and automating common tasks. We continue to grow our solution to meet the needs of all our clients and push the buck on technology. It is important to note that we can move more quickly with changing technology trends because we have Microsoft behind us. We can extend their technologies to keep up with the larger market and not bootstrap wineries to specific technologies.”

  Oztera can also apply its toolset to integrate with external systems, allowing wineries to keep existing functions they like and improve the output of others, even if that application is an Oztera competitor.

  “A good example is a recent integration with Winemaker’s Database. We encountered a scenario where the winemaking team really liked where they were at with their winemaking systems, but the rest of the business needed help. While on the surface, WMDB is a competitor of ours, we were willing to work with them and provide a solution that helped our client achieve their goals.  We delivered a system that provided them with the gains they needed on other fronts while building a bridge to WMDB, making that part of their business more streamlined. “

  VinNOW:  Another choice for wineries with small budgets looking for big package solutions is VinNOW, the brainchild of Ted Starr. A software engineer, Starr put his 40 years in the industry to work by creating a software system that he said can handle just about anything. 

  “VinNOW was created in 1999 as a custom program for wineries with a need: telesales, customer records, inventory tracking, order discounting and invoicing. It has been growing ever since to include point of sale, robust wine club processing, QuickBooks integration, compliance and shipping integrations with multiple vendors, comprehensive reporting and time cards, to name a few. “

  Starr and his wife, Deanna, an experienced winemaker, use VinNOW in their Milano Family Winery, based in Hopland, California. He explained to The Grapevine Magazine how the software helps to save time. 

  “We utilize our integration with ShipCompliant to collect and submit various states’ compliance reporting for sales tax and excise taxes, saving countless valuable hours of time. Our extensive reporting capabilities allow us to get the information needed to complete various reporting requirements such as sales tax, wine sales by alcohol level, and shipments, inside and outside of our state. 

  In addition, we use our VinTracker bulk wine and custom crush billing module to track the wine’s containers, volume and work performed, as well as generating work orders for current work to be completed.”

  Starr said that VinNOW offers an alternative to cloud-based software systems, which can be a problem for wineries with poor internet connections.

  “As many wineries are in areas which experience this, that is a major challenge.  On a busy day, if you can’t use the solution, you lose sales. Using software that is on your computer ensures you are in charge of your data – it is located at your site. With cloud-based systems, if your internet is down or slows, it will hinder your ability to sell your products.”

  Starr added that product installation and data maintenance are intuitive and VinNow also comes with free unlimited live support and training. New features and functions are added continuously, including some adaptations to accommodate the demands that COVID-19 restrictions have placed upon wineries.

  “We have redesigned our point of sale to facilitate the sales process. We are also able to process credit card transactions away from the winery or tasting room.”

  InnoVint:  Ashley Leonard started her career as a winemaker nearly a decade ago.  Frustrated by winery software that didn’t quite fit her needs, Leonard founded InnoVint, a cloud-based, mobile software solution managing all aspects of the winery. Backed by a team of experienced winemakers and modern software engineers, Leonard said her company is the first to bring mobile-driven software to the wine industry.

  “The software goes beyond activity tracking as a digital workflow productivity tool, uniting winery teams both within production and with other departments such as finance and compliance. Daily activity is recorded in real-time, whether in the vineyard, the lab, the cellar or on-the-go. Production integrates seamlessly with compliance and costing, so the winery has confidence that their entire operation is running smoothly.”

  Leonard said that InnoVint puts the winery back in charge of time management, taking the head-scratching out of technology use.

  “Winemakers are not software gurus. They shouldn’t have to waste their time figuring out clunky, legacy databases to fit their unique processes. They deserve purpose-built software that caters directly to their specific vineyard and winery activities. InnoVint is designed by a team of winemakers with 75 harvests under our belt, and it shows in how catered our solution is for them.

  Whether the winery is a small boutique producer, large custom crush operator or bulk wine supplier, we save them hours of time per week by reducing communication friction, bringing relevant winemaking data to the surface and uniting production with the other departments at the winery through a single pane of glass.”

SAFETY FOR YOUR WINERY:

Have You Fortified Your Workers’ Compensation Program?

Even though there may be many aspects that are similar, the safety programs for every winery will in all likelihood look very different. Like any other effort to manage your risks, your plan will need to identify the risks you face and in turn determine how they will be managed.

There are many hazardous activities carried out in the wine industry that can result in a serious injury or even death if not managed properly. Your risks may include things such as:

•   The physical work environment

•   Occupational hazards(i.e. slips and falls, chemicals, cuts/lacerations)

•   Machinery, processing and substances used

•   Work practices and systems of work

•   Special events involving live music, weddings, special tastings, etc.

  A commitment to managing these safety and health risks is a great way for your winery to protect your greatest resource – your people. Spending time on health and safety can help create a better work environment and improve your worker morale. Winery accidents on the other hand, due to a lack of this kind of commitment, can have an immense impact on your injured workers, their co-workers and on their families in terms of pain, suffering, disability, stress and loss or change of employment. Your winery can incur direct costs that may include claims costs, increased insurance premiums, and fines. There are also indirect costs, which may include damage to property, the cost of finding and training temporary employees, and production or service interruption leading to loss of customers.  The total cost of an accident can be significant.

  At first, managing workers’ compensation for your winery may seem like a daunting task. You want to protect your employees while still keeping your premiums as low as possible.  There are many challenges to address. Avoiding accidents is a sure way to not only protect your employees but also keep your premium costs down. Where do you start? What should you focus on? A good way for you to begin is to identify areas that warrant your initial safety efforts by asking a few basic questions:

•    How frequently do safety incidents arise?

•    How will our management deal with them?

•    Who is responsible for mitigation efforts?

•    What costs are associated with each event?

•    What costs are associated with initiatives to mitigate them?

•    What safety and legal regulations are applicable to our organization?

•    What are the training and recordkeeping requirements?

  You might also ask your insurance agent to help you answer some of the questions above so you can determine your safety risks and in turn start putting together a safety program to specifically address your winery’s risks. In OSHA’s “Safety and Health Program Management Guidelines”, they suggest the following core elements be included in a Safety and Health Program to aid in managing workplace risks:

•    Management Leadership

      a) Top management demonstrates its commitment to continuous improvement in safety and health, communicates that commitment to workers, and sets program expectations and responsibilities.

      b) Managers at all levels make safety and health a core organizational value, establish safety and health goals and objectives, provide adequate resources and support for the program, and set a good example.

•    Worker Participation

      a) Workers and their representatives are involved in all aspects of the program—including setting goals, identifying and reporting hazards, investigating incidents, and tracking progress.

      b) All workers, including contractors and temporary workers, understand their roles and responsibilities under the program and what they need to do to effectively carry them out.

      oWorkers are encouraged and have a means to communicate openly with management and to report safety and health concerns without fear of retaliation.

      c) Any potential barriers or obstacles to worker participation in the program (for example, language, lack of information, or disincentives) are removed or addressed.

•    Hazard Identification and Assessment

      a) Procedures are put in place to continually identify workplace hazards and evaluate risks.

      oAn initial assessment of existing hazards and control measures is followed by periodic inspections and reassessments to identify new hazards.

•    Hazard Prevention and Control

      a) Employers and workers cooperate to identify and select options for eliminating, preventing, or controlling workplace hazards.

      b) A plan is developed that ensures controls are implemented, interim protection is provided, progress is tracked, and the effectiveness of controls is verified.

•    Education and Training

      a) All workers are trained to understand how the program works and how to carry out the responsibilities assigned to them under the program.

      b) All workers are trained to recognize workplace hazards and to understand the control measures that have been implemented.

•    Program Evaluation and Improvement

      a) Control measures are periodically evaluated for effectiveness.

      b) Processes are established to monitor program performance,  verify program implementation, identify program deficiencies and opportunities for improvement, and take actions necessary to improve the program and overall safety and health performance.

•    Coordination and Communication on Multiemployer Worksites

      a) The host employer and all contract employers coordinate on work planning and scheduling to identify and resolve any conflicts that could impact safety or health.

      b) Workers from both the host and contract employer are informed about the hazards present at the worksite and the hazards that work of the contract employer may create on site.

  By having an organized and integrated approach to the safety and health program for your winery, you can be well on your way to better managing the welfare of your employees and avoiding accidents and their associated costs.

Understanding Workers’ Compensation Basics

  Workers’ compensation was one of the first insurance programs adopted broadly throughout the United States.   It is designed to provide a satisfactory way to address the medical and economic aspects of employment related injuries.

  With this insurance, your workers’ are provided benefits for certain conditions sustained in the course of employment such as injury, disability, and death.  These benefits are paid without regard to fault in exchange for the worker giving up their right to sue  their employer.

  Most states have compulsory workers’ compensation laws requiring  employers to accept and comply with all provisions of the law. The purpose of these workers’ compensation laws is to provide benefits for any of your employees who suffer an occupational injury or disease. 

Important Wording Within These Laws Include:

•    A definition of “occupational injury” that appears in many state workers’ compensation laws is an injury “arising out of and in the course of employment.” 

•    “Arising out of employment” is generally interpreted to mean that the injury must arise out of a risk which is reasonably related to the employment. 

•    “In the course of employment” is generally interpreted to mean that for an injury to be compensable, it must occur when the worker is at work, during the hours in which they are expected to be there, and while they are engaged in the work that they are employed to do.  In other words it has to do with the time, place, and circumstances of the injury.

  While early workers’ compensation laws had no provisions for occupational disease, each state has now either incorporated occupational disease coverage into workers’ compensation  law or passed separate disease legislation.

  All workers’ compensation laws incorporate four types of benefits: Medical, Disability, Rehabilitation, and Survivor also known as death benefits.

•    Medical benefits provide payment for the medical treatment of an injured worker.  

•    Disability benefits compensate workers who are unable to work as a result of a work-related injury.

•    Most states have laws addressing workers’ compensation rehabilitation benefits and every state accepts the provisions of the Federal Vocational Rehabilitation Act of 1973. 

•    Survivor also called “Death Benefits” attempt to compensate a surviving spouse, children or other relatives of a worker whose death results from an on-the-job injury.

  The most common funding method to pay for these benefits is a workers’ compensation insurance policy from a private insurance company.  Under this method you, as an employer transfer all compensation obligations to your insurance company, which then pays worker benefits to your employees and handles other details required by law. 

Fundamentals of Managing Workers’ Compensation Safety Program

  Reducing the frequency and severity of claims is the best way you can contain your total cost of workers’ compensation.  Written safety programs that address the hazards your employees are exposed,  along with top management support and effective employee training not only help reduce direct claims expense, but eliminate the indirect or “hidden” costs of workers’ compensation claims.  These programs can produce substantial savings for your winery over time, since related expenses such as: loss of services, cost of training a new worker, temporary help, and administrative expense are often multiples of the direct claims costs incurred.

Claim Investigation

  Your supervisors and managers will play a key role in preventing claims and must understand the importance of thoroughly investigating the causes of injuries and taking appropriate corrective action to eliminate unsafe conditions and practices that produce claims.   It is frequently your supervisors who play a pivotal role in the opportunity for, and success of return-to-work programs including: modified duty and transitional work programs.

  Actions taken by your supervisors immediately after an injury occurs can have a major impact on the ultimate disposition of your claims.  These individuals are critical since they are frequently the first to know of claims and have the initial opportunity to investigate, direct and manage events.

Claim Reporting

  Prompt reporting of insurance claims should be encouraged and is considered a best practice in workers’ compensation.  There are significant benefits for promptly reporting all of your employee injuries.  This includes:

•    Most states have reporting requirements for insureds to report claims on a timely basis and may impose monetary fines as a penalty for failing to report claims.

•    Prompt reporting allows the claim adjuster to complete a timely investigation of the loss to determine compensability and to determine an appropriate plan of action for resolving the claim.

•    “Red flag indicators” of fraud are able to be detected and this allows the carrier to determine whether a case should be referred for surveillance or if there is an opportunity to pursue subrogation against a negligent third party.

•    The prompt reporting of injuries allows medical treatment to occur within specialized occupational medical clinics familiar with treating workers’ compensation injuries with a focus on facilitating an early return-to-work to promote quicker healing.

•    In some states, workers’ compensation benefits may be reduced (or altogether denied) if there is confirmed evidence of alcohol or a prohibited drug on a post incident drug test.

Medical Control/Provider Selection and Management

  Proper selection of workers’ compensation medical providers, combined with effective referral procedures and ongoing provider communication programs can significantly reduce your claims expense. Medical providers must understand your winery operations and human resources philosophies, should specialize in occupational medicine, and be willing to work closely with your insurer.

Return-to-Work

  It is well established that returning injured employees to the workforce in a timely manner substantially decreases both direct and indirect costs.  Programs that focus on managing temporary disability, permanent disability and early return-to-work will have the greatest impact on reducing claims expense and increasing employee satisfaction and productivity.

  There are many approaches to establishing return-to-work programs, based on your winery’s culture and individual needs. They range from simple “modified duty” plans to fully integrated “total absence management” programs seeking to use the same practices and protocols to manage all time off work – both occupational and non-occupational injury and illness. In addition to reducing workers’ compensation expense, these programs can decrease your exposure under the Americans with Disabilities Act (ADA) and other similar federal and state laws.

Know your Experience Rating or Experience Modification

  An experience rating or modification provides a financial incentive to reduce workplace accidents.  The rating does not apply to all employers.  Most small employers are not eligible.  Visit with your insurance agent to determine if or when you may qualify for an experience modification.

  An experience modification compares your winery’s loss or claims history to all other companies in the same industry that are similar in size.  A modification of less than 1.00 reflects better than average losses while over 1.00 reflects worse than average losses.  The modification increases or decreases the cost of your winery’s workers’ compensation insurance premium.  It must be applied to your policy regardless of the insurer.

Conclusion

  There are many things to consider as you attempt to “fortify” your workers’ compensation” exposures. Not only do you need to have controls in place to manage the safety and health risks inherent to your winery you also need to have systems in place to manage a claim should it occur. Having an integrated management system such as this can greatly help your winery in addressing these risks.

  This document is intended for general information purposes only, and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an “as is” basis, without warranty of any kind. This publication is not intended to be legal, underwriting, or any other type of professional advice.  Persons requiring advice should consult an independent adviser.  Markel does not guarantee any particular outcome and makes no commitment to update any information herein, or remove any items that are no longer accurate or complete.  

© 2020 Markel Service, Incorporated.  All rights reserved. 

Don’t Get Caught Off Guard During Wildfire Season: Tips For Your Winery

Weather conditions and natural disasters occasionally take a toll on vineyards and other agricultural production systems. Due to climate change and recurring droughts, some of which are severe, the frequency and severity of wildfires is expected to increase. These risks highlight the need for winegrowers and winery owners to be as prepared as possible to reduce risk.

Putting Your Plan Together

  Many wineries may have already revisited their evacuation plans and filed them with their respective state agencies. Staying current of wildfire season developments can help enhance your ongoing planning and preparedness. Technology can also support your wildland fire planning and response. Additional planning resources by the American Red Cross are available at: www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/wildfire.html

Steps to Take Before a Wildland Fire Event

•   Take a close look at your winery’s communication protocol for evacuations. Everyone should have a clear understanding of any community alarms that signal when you need to evacuate. Assign specific accountabilities to staff so everyone works collectively to achieve a positive outcome of protecting lives and property.

•   Work with your regional Forest Service to better understand emergency evacuation procedures in your area.

•   Coordinate with the American Red Cross, FEMA, and other emergency agencies to give them the locations of your evacuation sites. Invite your local fire department out as part of a fire pre-incident plan. They should be provided a map of your property, highlighting planned evacuation routes. They can also offer technical assistance to support your plan.

•   Prepare and post route maps for each site, including alternate routes. With a large fire, you may need to use “Plan B.”

•   Consider forming a cooperative agreement with another site to share resources and serve as an evacuation site.

•   Identify key equipment to be evacuated, including computers and other vital records. As part of your business continuity planning, programs should already have information backed up and stored remotely. But, in case you don’t, practice removing this equipment as part of your practice response.

•   Stock an ample supply of water and easily-prepared foods until rescue arrives.

Controlling Wildland Fire Exposures

  Wildland fires are one of the most catastrophic threats to wineries.  Protecting your structures from ignition and fire damage is an important program objective second only to an evacuation plan. Taking precautions ahead of time can help reduce the exposure of a wildfire intrusion. There are a number of proactive measures a winery can take to mitigate the property damage a wildland fire can cause.

  To support a fire adaptive community philosophy, the local fire department or authority having jurisdiction for your winery should require you to develop a landscape plan for your property. It is wise to seek their advice and incorporate their recommendations as you develop a plan specific to your location. You can learn more about fire adaptive community planning at the Fire Adaptive Communities, www.fireadapted.org

According to the NFPA 1144 – Reducing Structure Ignition Hazards from Wildland Fires, fire protection plans should address four zones around a property.

What are the Primary Threats to Property During a Wildfire?

  Research around property destruction vs. property survival in wildfires point to embers and small flames as the main way that the majority of properties ignite in wildfires. Embers are burning pieces of airborne wood and/or vegetation that can be carried more than a mile through the wind, they can cause spot fires and ignite structures, debris and other objects.

  There are methods for property owners to prepare their structures to withstand ember attacks and minimize the likelihood of flames or surface fire touching the structure or any attachments. Experiments, models and post-fire studies have shown structures ignite due to the condition of the structure and everything around it, up to 200’ from the foundation.  This is called the Structure Ignition Zone.

What is the Structure Ignition Zone?

  The concept of the structure ignition zone was developed by retired USDA Forest Service fire scientist Jack Cohen in the late 1990’s, following some breakthrough experimental research into how structures ignite due to the effects of radiant heat. 

The structure ignition zone is divided into three zones; immediate, intermediate and extended.

Immediate Zone

  The structure and the area 0-5’ from the furthest attached exterior point of the structure; defined as a non-combustible area. Science tells us this is the most important zone to take immediate action on as it is the most vulnerable to embers.

  START WITH THE STRUCTURES then move into the landscaping section of the Immediate Zone.

•    Clean roofs and gutters of dead leaves, debris and pine needles that could catch embers.

•    Replace or repair any loose or missing shingles or roof tiles to prevent ember penetration.

•    Reduce embers that could pass through vents in the eaves by installing 1/8” metal mesh screening.

•    Clean debris from exterior attic vents and install 1/8” metal mesh screening to reduce embers.

•    Repair or replace damaged or loose window screens and any broken windows. Screen or box-in areas below patios and decks with wire mesh to prevent debris and combustible materials from accumulating.

•    Move any flammable material away from wall exteriors – wooden pallets, mulch, flammable plants, leaves and needles, firewood piles – anything that can burn. Remove anything stored underneath decks or porches.

Intermediate Zone

  5-30’ from the furthest exterior point of the structure.  Landscaping/hardscaping – employing careful landscaping or creating breaks that can help influence and decrease fire behavior

•    Clear vegetation from under large stationary propane tanks.

•    Create fuel breaks with driveways, walkways/paths, patios, and decks.

•    Keep lawns and native grasses mowed to a height of 4”.

•    Remove ladder fuels (vegetation under trees) so a surface fire cannot reach the crowns. Prune trees up to 6-10’ from the ground; for shorter trees do not exceed 1/3 of the overall tree height.

•    Space trees to have a minimum of 18’ between crowns with the distance increasing with the percentage of slope.

•    Tree placement should be planned to ensure the mature canopy is no closer than 10’ to the edge of the structure.

•    Tree and shrubs in this zone should be limited to small clusters of a few each to break up the continuity of the vegetation across the landscape.

Extended Zone

  30-100’, out to 200’. Landscaping – the goal here is not to eliminate fire but to interrupt fire’s path and keep flames smaller and on the ground.

•    Dispose of heavy accumulations of ground litter/debris.

•    Remove dead plant and tree material.

•    Remove small conifers growing between mature trees.

•    Remove vegetation adjacent to storage sheds or other outbuildings within this area.

•    Trees 30 to 60’ from the structure should have at least 12’ between canopy tops.

•    Trees 60 to 100’ from the structure should have at least 6’ between the canopy tops.

If an Evacuation Becomes evident

•    If possible, identify the location and direction of the fire event. Remain cognizant that this can quickly change direction and speed.

•    Clearly explain your evacuation procedures to all that may be involved.

•    Identify special medical needs and gather emergency equipment and necessities, including trauma supplies for ready access.

•    Designate enough vehicles to evacuate everyone safely. Reinforce safe driving practices with all drivers.

•    Equip staff with emergency communications equipment (cell phones, walkie-talkies, whistles, flares, colored smoke canisters, etc.). Ask your local jurisdiction authority for suggestions.

•    Load key equipment, vital records, food, and water.

•    Ask qualified associates to disconnect and move LP gas tanks to a safer location, such as a gravel lot, or follow the manufacturer’s instructions to empty the tanks.

•    Warn firefighters of underground fuel storage or LP gas tanks before you leave.

  Making your facility fire resistant can help reduce property loss. However, keep in mind that these steps should be done only by assigned staff in conjunction with an evacuation and never require or allow staff to remain behind. Close and secure all doors and windows once combustible materials have been moved away from these openings.

•    Wet down buildings and roofs. There are commercial grade fire retardant products available that can help support your efforts to protect your property. But do your research ahead of time; and don’t let the application of these products reduce the priority of evacuating.

•    Have qualified personnel cut down trees in the fire path, bulldoze a firebreak, and cut field grass as short as possible.

•    Remove brush and dry vegetation near buildings.

Fire Evacuation – What You Need to Know

  During wildfire season, you may be forced to evacuate in a hurry. People are your first priority; to include guests, staff and firefighters. Most fire evacuations provide at least a three-hour notice; but due to the scope of your operation, you may need to do it sooner. Take proactive steps before and during an evacuation to reduce anxiety and avoid injuries. Plan, prepare and practice.

Filing Claims

  In the event your area experiences a wildfire event, it is highly likely it will not only be monitored by your insurance agent, in addition to your insurance company. Pre-loss documentation, such as video recordings and pictures of buildings, business personal property inventories, should be up to date and included as part of your evacuation materials. Working with your agent is a great resource to understand what might be necessary to help with documentation, if you should need it.

Ref:

•    NFPA 1144 – Reducing Structure Ignition Hazards from Wildland Fires, 2018 Edition. National Fire Protection Association. Quincy, MA 02169, 2018

•    Fire Adaptive Communities. Fire Adapted Communities Learning Network. www.fireadaptednetwork.org

•    Wildfire Safety. www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/wildfire.html. © 2019 The American National Red Cross

  This document is intended for general information purposes only, and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an “as is” basis, without warranty of any kind. This document can’t be assumed to contain every acceptable safety and compliance procedures or that additional procedures might not be appropriate under the circumstances.  Markel does not guarantee that this information is or can be relied on for compliance with any law or regulation, assurance against preventable losses, or freedom from legal liability.  This publication is not intended to be legal, underwriting, or any other type of professional advice.  Persons requiring advice should consult an independent adviser.  Markel does not guarantee any particular outcome and makes no commitment to update any information herein, or remove any items that are no longer accurate or complete.   Furthermore, Markel does not assume any liability to any person or organization for loss of damage caused by or resulting from any reliance placed on that content.

Understanding the Domino Effect of the European Wine Tariffs

By: Tracey L. Kelley

At press time, the Office of the United States Trade Representative is deciding the revised outcome of a controversial decision from 2019: an increase in import tariffs for European wines by 25%. This action is part of a World Trade Organization judgment against the European Union to end subsidies granted to aerospace giant Airbus. The USTR issued the tariff hike in response to what it believed to be an unfair disadvantage to U.S.-based competitor Boeing.

  In February 2020, the USTR announced it wouldn’t raise European wine tariffs to 100%, but for the upcoming review, it’s unclear if last year’s decision will be upheld, or if those WTO tariffs will shift to other European products. 

  To provide a more tailored scope of the issue, The Grapevine Magazine talked with Benjamin Aneff, president of the U.S. Wine Trade Alliance and managing partner of Tribeca Wine Merchants in New York City; and Eric Faber, chief operating officer of Cutting Edge Solutions in Cincinnati, a wine import and distribution business.

Why the Tariffs Create Conflict

  The Grapevine Magazine (GV): Let’s break down the issue for the layperson: what does U.S. and European wine have to do with Airbus and Boeing?

  Benjamin Aneff (BA): Great question. Nothing. Unfortunately, the USTR has decided to put large tariffs on most wines from the EU because of the dispute involving Airbus and Boeing. It’s incredibly unfortunate, given that these tariffs do roughly four times the economic damage to U.S. businesses than they do their targets overseas. They’re back-firing and hurting mostly small, family-owned businesses in the U.S.

  Eric Faber (EF): I’ve heard the arguments that these tariffs protect American jobs, that people can just buy domestic wines instead of European. In some cases, this may be true, but to believe this about the wine industry shows a complete lack of understanding into how our industry uniquely works and how it’s connected. These connections exist based on an industry that is among the most regulated in the U.S. Companies shouldn’t be asked to change their business model because of an international trade dispute of an unrelated industry.

  The truth is that these tariffs may cause job losses and business closures in Europe, but they will cause job losses for the American small businesses who rely on these wines for their livelihood. Ambassador Robert E. Lighthizer, the USTR, can try to tell us it will simply lead to new American jobs, but that only shows his lack of knowledge about our industry.

  It’s an industry that—unlike Boeing and Airbus—has always paid its fair share of taxes. In fact, the regulation of alcohol means we pay more than most businesses. We don’t get the tax breaks that massive companies like Boeing, Amazon, Apple and others enjoy. Taxes on the alcohol industry help provide billions of dollars to state and local governments. And we’re more than happy to do so, but we shouldn’t be burdened as a result of the poor practices of two of the largest companies on the planet.

  Airbus has recently offered a solution to this entire dispute, and it’s equivalent to the changes made in regard to Boeing. If the goal is to punish Airbus for its misgivings, then punish that industry. But leave the lives of millions of hard-working Americans who aren’t affiliated out of it.

  GV: What would be the direct impact of the 25% tariff increase on small- to medium-sized producers/vintners, and what tangible change happens for them if it’s defeated?

  (BA): Well, ending these tariffs would certainly help small- to medium-sized producers in the U.S., particularly producers looking for distributors that rely on this access to market. These are the companies that actually make sure those small producers in, say, Oregon or California, can make it to the shelf of a wine store or get poured in a restaurant in Chicago, Dallas or New York.

  When distributors are having trouble financially—which they are now due to the tariffs—it’s much harder for them to take the risk of bringing on a new U.S. producer, which generally are unknown and require time and capital investments from distributors. It’s less clear how it helps producers in, say, France.

  There’s pre-pandemic data from the Global Trade Atlas that showed, despite a huge drop in wine exports from France to the U.S. after the enactment of the tariffs, the overall wine exports from France actually grew. In a nutshell, they sold their wine elsewhere. This is just one of the reasons why these tariffs are such a bad idea. They do significantly more damage to the U.S., and they’re incredibly unlikely to influence the EU to change behavior.

  (EF): Should the tariff be justifiably rolled back, things will mostly go back to normal. I say “mostly” because the pandemic has its own role to play in our industry, which adds to the need for the tariffs to be lifted.

  The European wineries we work with love the American wine market and experiencing the amazing wine and restaurant culture so many Americans have worked hard to create. Right now, they’re facing difficult choices about where to sell their products and how to maintain their businesses in the face of tariffs. I think it’s important for Americans to know that the effect on European wineries isn’t money lost from paying the tariffs—because American businesses pay them. It’s from lost sales due to price increases and importers downsizing or going out of business.

  From a larger view, you don’t have to look farther back into our history than the Smoot-Hawley Act of 1930 to see the negative effects tariffs can have on our own economy and the global economy we’re part of. It turned a difficult recession into the Great Depression. It set people back 20 years and created a “lost generation” across the world. These tariffs will harm people across the globe, so by lifting them, we give small businesses—specifically here at home—the opportunity to be successful, experience growth and create jobs.  

The Domino Effect

  GV: As an example, how does an import/distribution company balance its portfolio to include both international and U.S. wine products?

  (EF): We strive to have a portfolio that represents top producers from around the world, specifically boutique producers that fit our model in terms of quality and price point. Domestic wines are the backbone of our portfolio. 

  Like most small distributors, it’s important to have a good mix of products from around the world so we can provide our accounts with a wide variety of options. Domestic wines are certainly a large part of this, and the balance is largely driven by the demands of our customers and the wine-buying public. For us to be successful, we work with producers that we believe in and that our customers have a desire to purchase. While we have very strict standards for the producers we add to our portfolio, we’re ultimately driven by the market.

  The other part of this is profitability. We typically work on lower margins on domestic wines than we do on imported wines, specifically the wines we import ourselves. The slightly-higher margins we make on European wines allow us to keep our prices on our domestic portfolio lower. This is commonplace for most companies in our industry.

  GV: What type of trickle-down effect does the tariff issue have?

  EF: The tariff has an enormous impact on importers and distributors. Many people who argue the tariffs are a penalty on the producers, or the countries on which they have been levied, are simply wrong. We pay the tariffs—not the producers and not the EU.

  A 25% tariff means prices on those products have to go up for importers and distributors to maintain their ability to function. In a state like Ohio, for example, we’re legally required to have a certain margin to our accounts to maintain state tax revenue. We legally can’t make less on the wines, so we have to charge more. This means our retailers and restaurants must raise their prices to the consumer.

  While this may not be the case in every state, no industry could suddenly take a loss of 25% or even 15% of its margin and still be successful. How do people pay employees if they don’t make any money on the products they sell?

  In terms of how this affects domestic producers, the biggest issue outside of distribution is money. Our industry works on “terms”—meaning, we pay for our products typically 30 days after receiving them. This model has been set for decades. But with tariffs, they’re paid as the product clears customs. This creates a significant problem in terms of cash flow.

  So if we’re typically paying a few thousand dollars to clear product into the country, and suddenly have to pay upwards of $25,000, that depletes our bank account in a way our long-standing model wasn’t prepared for and makes it more difficult to pay our domestic suppliers on time.

  We also have to pay our employees, our bills and our taxes. If it takes longer for our domestic partners to get paid, this cash flow problem moves on to them, then to their vendors.

  GV: If certain import relationships fail, do fewer distributors mean fewer channels of retail and restaurant opportunities for U.S. products? Why?

  EF: That’s an excellent question and raises one of the most important points of this debate. If our company relies on a mix of producers from the U.S., Europe and other countries to be successful, then eliminating sales from one of these avenues would force us to close. If companies like Cutting Edge go out of business or contract significantly less, who will sell domestic wines to restaurants or independent retailers that the wineries rely on as the largest part of their sales network? For most domestic wineries, they can’t sustain their business through direct-to-consumer sales alone.

  This leaves wineries without a home. It’s not as simple as just finding another distributor if you’re a domestic winery. Boutique American wineries need to be in a portfolio that gives their products appropriate attention to attract sales and create valuable placements in restaurants and independent retail. They have to find someone who cares about their wines and their stories, someone who can pay for the products, and who can actively promote their products to accounts and consumers.

  Larger, multi-state distributors typically don’t work with smaller domestic producers because it isn’t a part of their business model. They have obligations to their own, typically larger and more corporate, partners. This means that smaller wineries have no focus in their portfolio.

  To sum it up from the point of view of our domestic producers: if 20 Oregon producers suddenly lose their distribution in a state like Ohio, maybe 10 will eventually find a new home and those that do will likely lose significant sales because the new distributor has to essentially re-build the brand in its own portfolio. This is especially daunting when you look at the current climate in our industry as a result of COVID-19. If a producer loses representation in just a small number of states, especially now, it would likely lead to bankruptcy.

  GV: Please explain why a zero-tariff policy on wine imports benefits U.S. producers/vintners in our wine industry.

  BA: Wine from the EU is a keystone species for the health of the U.S. wine market. It represents critical profit margins for tens of thousands of U.S. wine businesses–the same businesses that sell wines from the United States. If those businesses are weak, it’s going to be harder for them to adequately support particularly small- and medium-sized U.S. producers.

  Those wines are often handsels from distributors, retailers and restaurants. That means you need more staff, more time for training, more samples. Further, there may come a point where U.S. distributors are so weakened by tariffs that they’re forced to ask for lower prices from everyone. That’s what happens when companies industry-wide are faced with such hardship. U.S. domestic producers could be one of the first impacted by this need.

  Bottom line, the entire wine industry, from producers to distributors, to restaurants and retailers, are significantly better off when there aren’t tariffs on wine.

Make Connections in Congress

  GV: At press time, the U.S. will have experienced more than 5 million COVID cases, and many wineries continue to be shuttered or downsized in production and tourism. How do you encourage them to take an active stance on this issue when so many other factors have them at a disadvantage? What immediate results will they see from their activism?

  EF: We’ve worked with dozens of domestic wineries to raise awareness of the tariff situation and how it will negatively affect them. I’ve spoken to many of them personally to get them involved, as have countless other distributors. No independent domestic winery thinks the tariffs will benefit them in the short- or long-term.

  We’ve helped provide information on how to contact their elected officials and make their case to members of Congress, the administration, and the USTR. Many have spoken out publicly to condemn the tariffs. People like Jason Lett of Eyrie Vineyards in Oregon have led the charge to raise awareness amongst their peers. They need a strong economy here at home to promote their brands and continue to operate their businesses, and strong partnerships with successful distributors to weather the current storm.

  It’s tough to say what results any of us will see from our activism on this issue because we don’t get to make the final decision. As a community, we have been able to gain support from elected officials from both sides of the aisle and raise public awareness of the negative effects the tariffs will have. Hopefully, awareness will lead to a better understanding of why it’s so important to remove the tariffs currently in place.

  Truly, if there’s anything positive from the battle against tariffs, it’s been the coming together of so many in our industry from all facets: importers, distributors, domestic producers, European producers, restaurants and retailers. I’ve even had wineries we work with in Australia and Chile ask how they can help. All see the incredibly negative outcome of these tariffs on the American wine industry and are united in standing against them. Hopefully, this will help to sway the decision-makers.

  BA: There are so many hardships right now, in every corner of our country. I would say the voices of U.S. wineries can be incredibly impactful with their representatives. We are so interconnected; I think many see how clearly that we rise and fall together. 

  We don’t begrudge the job of the U.S. government to protect our trade interests abroad, but there are better, less damaging ways to do so. We’re all trying to get back up off the mat right now. It’s the wrong time to try to pull the rug out from underneath us.

  Though the public can no longer submit comments to USTR, Congress can! Tell your elected officials, both in the House and Senate, to reach out to the USTR and voice their opposition to these tariffs. There are better ways to influence the EU than a tariff policy that does disproportionate damage to mom and pop businesses in the U.S.—particularly during a pandemic that just saw the U.S. economy contract by 33%. [Editor’s note: The carousel date for the expected USTR announcement regarding its decision, was August 12. Look for an update on thegrapevinemagazine.net]

  When the wine industry is healthy, everyone benefits. When we’re suffering, we all see the impact. Bottom line, we’re in this together.

UPDATE: August 31, 2020; Update from the U.S. Wine Trade Alliance: “The USTR published their decision regarding the August 2020 carousel for the WTO / Airbus award. The tariffs on wine remain the same, with no changes to either tariff percent or category.” Read the full statement here

Chevrolets and Chardonnays: 7 Things You Can Do To Better Manage Your Winery’s Auto Exposure

There was a television commercial a number of years ago where the owner of a famous donut shop was so frazzled  going back and forth getting the donuts made that he ran into a clone of himself coming in the door as he was leaving out the door to go to work. With all of the growing, harvesting, grape crushing, fermenting, ageing and packaging – how many of you have felt the same way? There certainly is a lot to do and manage in the winemaking business, isn’t there?

  With all you have to think about, how many of you have given much attention to managing your driver safety exposures? You’re not alone. Driver risks are a significant loss exposure for wineries – one that is often overlooked. Vehicle crashes unfortunately are on the rise – and jury verdicts for those found at fault are reaching amounts never before considered. Are you doing anything to manage these often unnoticed risks for your winery? Or are you merely telling your employees to “Be safe out there!” as you hand them keys to your vehicles?

  There are a number of things you can do and best practices you can use to lessen your exposure to this potentially serious risk. How many of these strategies are you using?

1.  Do you demonstrate management support for safe driving?

2.  Do you have a driver selection process?

3.  Do you evaluate your drivers?

4.  Do you have written driver safety policies and procedures?

5.  Do you have driver orientation and training programs?

6.  Do your drivers know what to do if they are in an accident?

7.  Do you have inspection and maintenance procedures defined?

  Yes, there can be quite a few things to help manage your driver exposures, but in the long run they can help you avoid needless injuries and losses.

Management Support

  As an old saying goes – “if it’s not important to you, it won’t be important to your employees”. There are a number of ways that you can demonstrate the importance of driver safety to you and your winery:

•    Do you have a clearly written driver safety policy with standard driver operating procedure?

Has it been reviewed by legal counsel for conformance to accepted legal procedures?

      a.  Is it consistently enforced?

            oIs it distributed to all employees?

      b.  Do all employees sign an acknowledgement

           that they will follow all these rules?

      c.  Do you hold all drivers accountable for their

           driving and any accidents sustained?

•    Is someone assigned to oversee driver safety?

•    Do you routinely include driver safety topics at employee meetings?

Selecting Your Drivers

  Having a meaningful driver selection process is an important part of managing your winery’s driving exposure. By having a good process in place, you can help avoid future losses from accidents and vehicle abuse. Have you included these practices in your selection process?

•    Use of defined criteria (in writing) to select your drivers?

•    Do these criteria include:

      a.  Background checks

      b.  Drug screening

      c.  A review of past work records

      d.  A 3-year review of each person’s MVR (Motor Vehicle Record) to rule out any disqualifying offenses

•    Do you stipulate that failure to participate in MVR screening could result in denial of employment, loss of employment or loss of driving privileges?

Driver Evaluation

  Even though most of your employees can probably drive, determining which candidates are acceptable is important in managing your driving risks. Do you:

•    Verify their drivers’ license is valid and current in their state of residence.

•    Hire only experienced drivers with a minimum of 2 years driving experience

•    Check references provided

•    Know if candidates have the ability to understand both oral and written instructions?

•    Disqualify drivers with three (3) or more violations in 3 years

•    Disqualify drivers with two (2) or more preventable accidents* in 3 years.

•    Require compliance with a drug & alcohol testing program.

•    Disqualify any driver convicted of any alcohol or drug related offences.

•    Maintain an up to date list of authorized drivers

•    Have a procedure to assure your drivers maintain an acceptable MVR during their employment.

Written Policies and Procedures

  In today’s business environment, you can serve your winery well by documenting how you expect your business to be run and how you expect your drivers to operate. Does your documentation include?

•    A written driver safety program with:

      a.  Requirements for 100% seat belt use?

      b.  Rules prohibiting distracted driving?

      c.  Reporting rules for any moving violations?

      d.  Rules on permitted use of winery vehicles?

•    Is your program written in a clear and concise manner?

•    Are these rules readily available and easy to obtain in an organized, neat and easy to use format?

•    Do you assure that all drivers are thoroughly familiar with the rules and is their knowledge tested? Do drivers sign an acknowledgement confirming they will follow all these rules?

•    Are your rules vigorously enforced?

Orientation and Training

Driver training presents some great opportunities for your winery to better manage your driving exposures.

•    In order to be effective, training should:

      a.  Be recurring.

      b.  Use a variety of methods to communicate your information.

•    Daily 5-minute safety talks.

•    Posters

•    Paycheck stuffers

•    Safety meetings

•    Training videos

      a.  Routinely reinforce safe driving practices.

      b.  Be both informal (short talks at the beginning of a shift) and more formal (classroom) in nature.

      c.  Select topics and organize content ahead of time.

      d.  Test employees on what was covered. Results should be documented and in each drivers file.

      e.   Follow a checklist to assure all topics are consistently covered.

      f.  Include defensive driving..

      g.  Include what is considered distracted driving.

      h.  Require mandatory attendance and  document each driver’s file.

      i.  Utilize driver trainers along with monitored probationary periods for all new hires.

Incident Reporting

  Do your drivers know what to do (and what not to do) in the event of an accident? An improper statement immediately following an accident could make your winery liable. It is important that you establish procedures that inform your drivers how to properly respond in the event of an accident. You may want to consider obtaining legal advice to document how your drivers are expected to respond immediately after an accident. Drivers should know: 

•    How to respond to  any immediate concerns

•    When they should  notify someone

•    Who they should  call

•    Who they should talk with

•    What they should  say (or not say)

•    What information they should  gather

•    Are there any additional steps they should take

  Consider having a checklist for your drivers to guide them through the proper steps expected of them in the event of an incident. By having all the proper procedures (and training) in place before an accident, your winery and your drivers are more apt to respond properly to an accident and not react in a way that could have a detrimental impact on your winery.

Inspections and Maintenance

  “What gets inspected gets dealt with” is a management saying often stated and one that may serve your winery well. Properly inspected and maintained vehicles have a much greater chance of operating correctly than vehicles that are neglected. It is important for you to have confidence in your equipment. Steps your winery can take in this regard include:

•    Training drivers how to do a thorough inspection.

•    Making sure all vehicles are Inspected (in writing) prior to use.

•    Having repairs and maintenance issues remedied as promptly as needed.

•    Having all physical damage reported to supervisory management.

•   In the event of a breakdown or weather related condition, assuring your drivers know who to notify for assistance.

•   Having all repairs completed by licensed shop/mechanic.

•   Having a licensed mechanic/shop inspect each vehicle on an annual basis.

•   Having all vehicles receive periodic scheduled maintenance; document this in each vehicle file

•   Keeping maintenance files for each vehicle for a minimum of two years.

•   Completing preventative maintenance within vehicle guidelines and the manufacturer’s recommendations.

  Having well-maintained vehicles will give your winery the confidence that your vehicles are as they should be and not the cause of an incident due to a mechanical failure.

Conclusion

  Implementing these kind of strategies effectively for your winery will get you off to a great start in managing your driving exposures. As a manager, you have a responsibility to your employees, your customers, and the general public to know who is driving and that they meet the driver guidelines you’ve established. You have a responsibility to implement sound business procedures.   train your drivers so they know and can follow  your procedures safely, and assure that the vehicles you have on the road are safe and well maintained.

  There may be other components that will also help in managing your winery’s driving exposures. You should also consider talking to your insurance agent to discuss your specific circumstances and what else you might do to lessen your driving risks.

* A preventable accident is any traffic accident which results in property damage and/or personal injury, regardless of who is injured, what property was damaged, to what extent, or where it occurred, in which the driver in question failed to exercise every reasonable precaution or action to avoid the accident. Driving to avoid preventable accidents is defensive driving. The fact that the driver was not charged with a traffic violation by law enforcement is not part of this definition. (Derived from the National Safety Council DDC-4 Guide)

** The National Safety Council defines defensive driving as “driving to save lives, money and time, in spite of the conditions around you and the actions of others.”

Disclaimer

  The information provided in this article is intended for general informational purposes only and should not be considered as all encompassing, or suitable for all situations, conditions, and environments. Please contact your attorney if you have any questions.