This document provides an overview of OSHA regulations as they relate to farms. It discusses that family farms are generally not regulated by OSHA, but farms with over 10 non-family employees must follow recordkeeping and safety standards. It outlines the OSHA recordkeeping forms and requirements, as well as the general duty clause and both the agriculture and general industry safety standards. The document also describes the OSHA inspection process and available resources for compliance assistance.
2. Outline
Introduction to OSHA
Family farms and OSHA
Recordkeeping Standard
Occupational Safety & Health Standards
OSHA Inspections
OSHA Resources
3. What is OSHA?
Occupational Safety and Health Administration
(OSH Act 1970)
OSHA mission
Set and enforce standards;
Provide training, outreach, and education;
Establish partnerships;
Encourage continual improvement in work place safety and
health.
4. State OSH Plans
Alaska
Arizona
California
Connecticut
Hawaii
Indiana
Iowa
Kentucky
Maryland
Michigan
Minnesota
Nevada
New Jersey
New Mexico
New York
North Carolina
Oregon
Puerto Rico
South Carolina
Tennessee
Utah
Vermont
US Virgin Islands
Virginia
Washington
Wyoming
Figure: http://www.fhwa.dot.gov/Trafficinfo/
5. What are “standards”?
“Standards” are basically OSHA rules and regulations
There are specific standard s for:
Inspection, citation, and penalty procedures
Recordkeeping and reporting of illnesses and injuries
Specific occupational safety and health rules
Standard naming
Example: 29 CFR 1910.155
Code of Federal Regulations
General and specific standard name (some are universal,
some differ by industry)
6. How are farms regulated?
Family farms are not regulated by OSHA
Farms with one to ten non-family employees are not
inspected by OSHA, but are covered by the General Duty
Clause (GDC)
Farms with more than ten non-family employees must
keep OSHA records, must abide by all applicable OSHA
standards, and may be inspected by OSHA
7. How is a family farm defined?
1975.4(b)(2)
Any person engaged in an agricultural activity employing
one or more employees comes within the definition of an
employer under the Act, and therefore, is covered by its
provisions. However, members of the immediate family of
the farm employer are not regarded as employees for the
purposes of this definition.
8. Important note: fatalities
FARMS with non-family employees must report a fatality
or hospitalization of three or more employees within 8
hours
1-800-321-OSHA (6742)
You must speak with a person, and be prepared to give
the following information:
Establishment name, location of incident, time of incident,
number of fatalities or hospitalizations, names of injured
employees, contact person information, and a brief description
of the incident
9. OSHA Recordkeeping
In general, any farm with more than ten non-family
employees must keep OSHA records
Form 300
Log of work related injuries and illnesses
Form 301
Injury and illness incident report
Form 300A
Summary of work related injuries and illnesses
10. What is “work-related”?
1904.5(a)
“…if an event or exposure in the work environment
caused or contributed to the condition or significantly
aggravated a preexisting condition.
Work relatedness is presumed for injuries and illnesses
resulting from events or exposures occurring in the
workplace, unless an exception specifically applies.”
11. Is it work related if…?
1904.5(b)(2)
Injuries or illness in the work environment that are
NOT work-related if . . .
12. OSHA Form 300
You must record information about each work-related
death, injury, or illness on your farm that involves:
Loss of consciousness, restricted work activity, job transfer,
days away from work, or medical treatment beyond first aid
Any work-related injuries or illnesses that are diagnosed by
a physician or licensed health care professional
Any work-related cases involving cancer, chronic irreversible
disease, fractured or cracked bones, and punctured
eardrums
16. OSHA Form 300A
You must record:
The total number of work-related deaths, injuries, or
illnesses (even if you the number is zero) that occurred in
the previous year
The number of days away from work or job
restriction/transfer that occurred in the previous year
The types of illness and injury that occurred in the previous
year
The annual average number of employees and the total
hours worked by all employees in the previous year
18. Recordkeeping
In general, records are for your own use
Form 300A (annual summary) must be posed at the end
of the year for employees to view from at least February
1 to April 30 of the following year
Bureau of Labor Statistics (BLS) may request data
If you receive a survey form, you must comply
OSHA may request survey information
If you receive a survey form, you must comply
19. Sources for recordkeeping help
OSHA forms with instructions
http://www.osha.gov/recordkeeping/new-osha300form1-1-
04.pdf
Training presentations (power points)
http://www.osha.gov/recordkeeping/RKpresentations.html
Classroom training with OSHA
Course 7845
http://www.osha.gov/fso/ote/training/edcenters/index.html
OSHA recordkeeping handbook
More than you ever wanted to know!
http://www.osha.gov/recordkeeping/handbook/index.html
20. Safety & Health Standards
Different standards for different industries
Three important categories for pork producers
(General Duty Clause)
Agriculture Standard
General Industry Standard
21. General Duty Clause
Also known as Section 5(a)(1)
Requires employers to “furnish to each of his employees
employment and a place of employment which are free
from recognized hazards that are causing or are likely to
cause death or serious physical harm to his employees.“
22. General Duty Clause
Interpretation:
OSHA can require you to find ways to eliminate ANY type of
serious hazard as long as that hazard represents a current
or future risk to your workers
Most frequent citation for pork producers!
23. Agriculture standard (29 CFR 1928)
Specific regulations that apply only to agriculture
http://www.osha.gov/SLTC/agriculturaloperations/index.html
Key parts of the standard for pork producers:
1928.57 : Guarding of farm equipment
(1928.51 – 1928.53: Roll over protective structures)
1928 also includes parts of the General Industry Standard
24. General Industry (29 CFR 1910)
Parts of 1910 always apply to agricultural operations
1910.1200: Hazard Communication, others
All of 1910 may apply to your operation, if you perform work
outside of the “agricultural operation” definition
So, what is an agricultural operation?
“…preparation of ground, sowing, watering of plants, feeding of
plants, weeding, spraying, harvesting, and the raising of livestock,
but also all activity necessary for these operations, such as the
repair or maintenance of equipment used in these operations,
and all activity necessary to gaining economic value from the
agricultural products themselves.”
25. General Industry
So hog farms only perform agricultural operations, right?
Well, a gray area exists here . . .
Farms with feed mills or trucking components are most
definitely regulated by General Industry
But, other farm activities could be considered “general
industry” as well depending on the inspector
To be safe, follow the entire General Industry standard
26. I have to follow the entire 1910?!
The General Industry standard (1910) is very large and
comprehensive, and OSHA doesn’t expect small farms to
have the same safety program as a large company
The best way to avoid OSHA penalties is to use common
sense, and eliminate obvious hazards
Remember, even if a hazard is not covered by 1928 or by
1910, the General Duty Clause always applies!
27. What happens if I’m inspected?
Usually no advance notice
Inspections may be due to an accident investigation, an
employee complaint, or they may be planned
OSHA inspector will present his or her credentials
You may refuse an OSHA inspection, but . . .
Inspectors can return with a warrant for entry
It is in your best interest to be interested, courteous, and
helpful during the inspection!
28. The inspection process
Opening conference
General review of paperwork and records
May review your safety plan and general commitment to
safety and health
Must keep OSHA (300, 301, 300A) records for 5 years
following the end of the calendar year
Must keep employee health records for 30 years following
retirement if any type of health/safety incident occurred
29. The inspection process
Walk-around inspection
If investigating a complaint, the inspector may only look at
one specific area
If doing a general inspection, the entire farm may be
examined
In general, inspectors will look for specific hazards
Inspectors may take pictures and write down information
Inspectors may talk to employees
You should accompany the inspector, and take notes as well
30. The inspection process
Closing conference
Inspector will review findings, and focus on critical issues
You may discuss measures to correct the hazards
You may discuss potential fines to be levied
The bigger the hazard, the bigger the fine
Inspectors will consider
Your level of safety awareness
If your farm has good overall safety conditions
Previous citations
31. After the inspection
It may take up to 6 months to receive specific citations
and fine amounts by certified letter
You have 15 days after the receipt of letter to contest any
citations and/or fines
Show that you have abated hazards
Document your safety improvements
In many cases, fines are reduced or eliminated
32. The reality . . .
OSHA never inspects most swine farms
You may be subject to state or federal inspections, but in
reality OSHA is chronically understaffed
Likelihood of a “planned” OSHA inspection is small
But, remember that an employee complaint can initiate an
OSHA inspection
OSHA inspectors can also “drop in” if they suspect a
problem at a farm
The bottom line: use common sense, eliminate obvious
hazards, and develop a safety plan!
33. OSHA Resources
Cooperative programs
Safety and Health Achievement Recognition Program
(SHARP)
OSHA Strategic Partnership Program (OSPP)
Voluntary Protection Program (VPP)
Compliance assistance
Publications, training resources
Compliance assistance specialists
34. Other safety resources
www.osha.gov
Pork Checkoff
Pork Production Safety System
Worker safety website:
http://www.pork.org/workersafety/
Worker safety list serve
Worker safety roundtable