Untitled Document

FEDERAL LAWS AND REGULATIONS AFFECTING FARM SAFETY

Jack L. Runyan
Food and Rural Economics Division
Economic Research Service
U.S. Department of Agriculture

Abstract
In 1997, there were 705 work-related fatal injuries and 50,544 work-related nonfatal injuries on U.S. farms. Operators and family members accounted for about 72 percent of the fatal injuries and 43 percent of the nonfatal ones. Efforts to improve farmworker safety have generally been grouped into education, legislative, and engineering activities. The purpose of this paper is to describe Federal legislative activities that relate to worker safety.
The Federal government has several laws covering the working conditions of hired farmworkers. Three of them regulate workplace safety and health conditions. The Fair Labor Standards Act is the primary legislation controlling the employment and well being of child labor. The Occupation Safety and Health Act covers a wide range of safety issues in all work places, but has some farm-related exemptions. Finally, the Federal Insecticide, Fungicide, and Rodenticide Act covers a wide range of pesticide related issues.
Although farm operators and family members are exempt from coverage under most Federal safety laws and regulations relating to agriculture, they should be aware of both prohibited and recommended practices that apply to their operations. Keeping operators informed on legislative changes is one challenge for farm safety specialists.

Introduction
Farming, by its very nature, creates an environment conducive to injuries and illnesses and presents safety problems not found in most other industries. The home and worksite are the same location for most farm operations, and children play on and around machinery and animals. Farmers and their family members experience the potential for greater exposure to hazards associated with animals, machinery, tools, and chemicals. Farming is usually not performed in packages of 40-hour weeks but in an erratic tempo dictated by weather, season, and climate. Thus, during planting and harvesting periods, farmers, their family members and hired laborers (especially production laborers) may work long hours, experience fatigue, and therefore, be less cautious while operating equipment and handling livestock. Farmers and farm laborers receive little formal safety training, and often work alone and/or far from assistance should an injury occur. Emergency services in many rural areas are distant from the farm and often are not equipped to handle the more severe farm injuries (Murphy 1992, and Runyan 1993).
According to data reported in the 1997 Census of Agriculture, there were 705 work-related fatal injuries and 50,544 work-related nonfatal injuries on U.S. farms (U.S. Department of Agriculture 1997). Operators and family members accounted for about 72 percent of the fatal injuries and 43 percent of the nonfatal ones. In the 1992 Census of Agriculture, 673 work-related fatal injuries and 64,813 work-related nonfatal injuries were reported (Runyan 1998). The number of fatal injuries in 1997 was about 5 percent higher than in 1992, although the number of nonfatal injuries fell by 22 percent.
Efforts to improve farmworker safety have generally been grouped into education, legislative, and engineering activities (Aherin, Murphy, and Westaby, 1990). The purpose of this paper is to describe Federal legislative and regulatory activities as they relate to farm safety.
The Federal government has several laws covering the working conditions of hired farmworkers (Runyan, 2000). Three of these regulate workplace safety and health conditions. The Fair Labor Standards Act is the primary legislation controlling the employment and well-being of child labor in all work places, including farms. The Occupation Safety and Health Act covers a wide range of safety issues in all work places, but has some farm-related exemptions. Finally, the Federal Insecticide, Fungicide, and Rodenticide Act addresses a wide range of pesticide-related issues.

Fair Labor Standards Act
The Fair Labor Standards Act of 1938 (FLSA), specifically bans "oppressive child labor." According to FLSA, "oppressive child labor" is the employment of a minor in an occupation for which he or she does not meet the minimum age standards of the Act. The minimum age has generally been set at 18 years for all occupations, except in agriculture (exhibit 1). As shown in exhibit 1, minimum age requirements differ between non-agriculture and agriculture based on the type of work activity, conditions, and parental permission. In addition to minimum age, FLSA restricts the activities that young workers can perform. The Secretary of Labor has been given the responsibility for deciding which occupation are hazardous, and as shown in exhibit 2, many occupations in agriculture have been declared hazardous. The material in this exhibit would be useful information for farm operators whose non-adult children work with them.
The last item under the agricultural employment listing ("children of farm owners or operators may be employed by their parents at any time and in any occupation on a farm owned or operated by their parents") is an indication of Congress' reluctance to place restrictions on working conditions for family members. However, this provision suggests the need for additional care when farm operators teach their children about operating equipment safely.
Some States also have laws that restrict the use of child labor in agriculture. Some of the State restrictions are the same as the Federal laws, some restrict daily or weekly hours (or both) for minors under the age of 18 in agricultural employment, and some have specifically adopted standards for agriculture that are more stringent than those of the Federal government (U.S. Department of Labor, 2000). However, 17 States either exempt agricultural employment or do not identify it as a covered industry under the State's child labor laws (U.S Department of Labor, 2000).

Occupational Safety and Health Act
The Occupational Safety and Health Act (OSHA) was enacted in 1970 to assure safe and healthful working conditions for U.S. workers. The employer's duty is to furnish each employee with employment and a workplace free from recognized hazards causing or likely to cause death or serious harm (Runyan, 2000). The employer is also responsible for complying with occupational safety and health standards set forth in the law. Employees have duties under OSHA that require them to comply with those standards and all rules, regulations, and orders issued after the law's passage that apply to their own actions (Runyan, 2000).
The U.S. Department of Labor's regulations place every employer, unless specifically exempt, under OSHA coverage. The major agricultural- related provisions of OSHA cover temporary labor camps, tractor roll-over protection (ROPS), guarding of farm field equipment, storage of anhydrous ammonia, field sanitation, hazard communication (excluding pesticides), cadmium usage, and logging operations. These provisions are summarized in table 2.
Two exemptions greatly reduce the coverage of agricultural employment. First, members of the immediate family of the farm employer are not considered employees and are excluded from coverage. So far OSHA has not defined "immediate family." Second, Congress usually attaches riders to annual appropriations bills for the U.S. Department of Labor that exclude from OSHA protection all agricultural workers in agricultural operations employing 10 or fewer non-family workers within the past 12 months, and having no temporary labor camps in the last 12 months (table 1). The U.S. Department of Labor has interpreted this to mean that whenever a farm operation has more than 10 workers employed on any 1 day, the operation is subject to OSHA regulation. In 1997, about 9 percent of U.S. farms employed 10 or more workers (U.S. Department of Agriculture, 1997). These farms employed about half of the hired farmworkers in 1997 (U.S. Department of Agriculture, 1997). Thus, OSHA regulations apply to less that 10 percent of farm employers, about half of the hired farmworkers, and none of the operators and their immediate family members. However, the safety practices discussed in the OSHA regulations should be recommended reading material for everyone who works in agriculture. Twenty-three States have OSHA-approved State plans (OSHA, 2000). The regulations affecting farm safety in most of these State plans are identical, with some exceptions, to the Federal regulations. For example, in California and Oregon, any establishment that hires workers for hand labor in fields is covered by the field sanitation standard. Oregon also has a standard covering the use of orchard ladders.

Federal Insecticide, Fungicide, and Rodenticide Act
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), enacted in 1947, and amended several times, places several requirements on the labeling, manufacturing and distribution of pesticides. In 1972, the Federal Environmental Pesticide Control Act was enacted, which required the Administrator of the Environmental Protection Agency (EPA) to ensure that the labeling and classification of pesticides protected farmers, farmworkers, and other persons coming in contact with pesticides or pesticide residues. EPA's most recent attempts to meet this requirement are the Worker Protection Standard (WPS) and the Certification of Pesticide Applicators Standard (CAS) which were issued in 1992. The WPS applies to all operators of farms, forests, nurseries, and greenhouses producing agricultural plants (food, feed, and fiber plants, trees, turfgrass, flowers, shrubs, ornamentals, and seedlings); operators who hire or contract for services of workers; and anyone who applies pesticides to agricultural plants and crop advisors on any farm, forest, nursery, or greenhouse (National Archives and Records Administration, 1998). WPS has no small farm exemptions or exemptions based on a minimum number of farm employees. The CAS requires an individual applying restricted-use pesticides to be certified by a certifying agency as competent and thus authorized to use or supervise the use of restricted-use pesticides. The provisions of WPS and CAS are shown in table 3.
Operators and their immediate family members (spouse, children, stepchildren, foster children, parents, step parents, foster parents, brothers and sisters) are exempt from all but two WPS and CAS provisions. One of these provisions prohibits anyone, except a properly trained and equipped handler from entering an area during pesticide application. The other provision prohibits entry into a treated area before the restricted-entry interval specified on the pesticide labeling has expired, except for activities with no pesticide contact, short-term activities (no hand labor, no more than 1 hour in a 24-hour period, no entry during first 4 hours after application), during an agricultural emergency, or an exception requiring agency approval. Anyone performing these activities must be properly equipped as specified in the pesticide labeling. These exemptions mean that operators do not have to provide themselves and their immediate family members with protective equipment, notification of pesticide applications, safety training, and decontamination sites and emergency assistance. However, the provisions in the WPS and CAS regulations from which operators and their immediate family members are exempt would be useful reading material for everyone who uses pesticides. This represents another area in which we can stress the need for safe operations.
Both WPS and CAS require that operators and immediate family members, as well as all others, who handle pesticides assure that no pesticide is applied so as to contact, either directly or through drift, any worker or other person, other than an appropriately and equipped handler.
Most FIFRA activities have been delegated to the States. Many of the States have adopted the Federal WPS and others have adopted standards that are more restrictive than the Federal standard. Standards adopted in Arizona and California are two examples of more restrictive regulations.
California's standard requires that employers of pesticide handlers have a written training program for their employees and that handlers be trained every year, rather than every 5 years. Cards used to certify U.S. EPA training are not accepted in California. Workers must be trained before they can enter treated fields. Employers must have a hazard communication program (including Material Safety Data Sheets) in place. They must also provide periodic cholinesterase blood tests under certain conditions. Employers must also provide a written respiratory protection program at the work site. They must require people working alone with pesticides labeled "dangerous" to have contact with another person every 2 hours during daylight and every hour at night. Contractors must be notified about areas of pesticide applications and areas where entry is restricted (California Code of Regulations n.d., and California Environmental Protection Agency n.d.).
Arizona's standard requires that contractors be notified of areas where pesticides are being, or are about to be, applied, areas under restricted entry, and location of the central posting of pesticide safety material (Arizona 1998). The pesticide safety training includes how to file a complaint with the Arizona Department of Agriculture.

Summary
Farm operators, their family members, and hired workers can be exposed to activities and agents that can cause fatal, permanent, long-term, or short-term injuries and illnesses. Farmworkers sometimes work under conditions that may limit their awareness of the dangers of operating equipment and handling livestock. The Federal government has enacted legislation and promulgated regulations that protect most nonfarm workers, but provide only limited protection for hired farmworkers and almost no protection for farm operators and their family members.

Article 10,Title3, Chapter 3 Arizona Administrative Code (1998).
Http://agriculture.state.az/Rules/administrative_rules_laws.htm.

California Code of Regulations (Title 3. Food and Agriculture) (n.d).
http://www.cdpr.ca.gov/docs/inhouse/calcode/030302.html.

California Environmental Protection Agency (n.d.). Pesticide Safety Information (Series A and Series N). Sacramento: Department of Pesticide Regulation.

Murphy, D J. (1992). Safety and health for production agriculture. St. Joseph, MI: American Society of Agricultural Engineers.

National Archives and Records Administration (1998). Code of federal regulations: Title 40. Washington, DC: Government Printing Office.

Runyan, J. L. (1993). A review of farm accident data sources and research. (Publication No. BLA-125). Washington, DC: U.S. Dept. of Agriculture.

Runyan, J.L. (1998). Injuries and fatalities on U.S. farms. (Publication AIB No.739). Washington, DC: U.S. Dept. of Agriculture.

Runyan, J.L. (2000). Summary of federal laws and regulations affecting agricultural employers, 2000. (Publication AHB No.719). Washington, DC: U.S. Dept. of Agriculture.
httm://www.ers.usda.usda/epubs/pdf/ah719.

Seiz, Robert C. and Eleanor Pepi Downey. Safety and health attitudes and concerns in migrant and non-migrant farm families. Paper presented at Pennsylvania State University-Economic Research Service, U.S. Department of Agriculture Conference: " The Dynamics of Hired Farm Labor: Constraints and Community Response." October 25-26, 1999.

U.S. Department of Agriculture (1997). 1997 Census of Agriculture. Washington, DC: National Agricultural Statistics Service.
http://www.nass.usda.gov/census/.

U.S. Department of Labor (1998). Enforcement exceptions and limitations under the appropriations act. (OSHA Directive No. CPL 2-0.51J). Washington, DC: U.S. Dept. of Labor.
http://www.osha-slc.gov/OshDoc/Directive_data/CPL_2-0_51j.htm.

U.S. Department of Labor (2000). Report on the youth labor force. Washington, DC: U.S. Dept. of Labor.
httm://stats.bls.gov:80/opub/rylf/rylfhome.htm.

U.S. Department of Labor (OSHA 2000). Directory of States with Approved Occupational Safety and Health Plans. http://www.osha-slc.gov/fso/osp/.

Tables
Table 1-Occupational Safety and Health Administration (OSHA) enforcement exceptions and limitations under the Appropriations Act
______________________________________________________________________________
Farms with 10 or Farms with more than 10 Non-farm employer with
OSHA Activity fewer employees employees or a farm with 10 or fewer employees in
and no temporary an active temporary labor SICs1 with a lost workday injury
labor camp activity camp within 12 months rate below the national private
within 12 months sector rate
______________________________________________________________________________________________________

Investigations to determine
if employee was fired as a
result of making a complaint Not permitted Can inspect Can inspect

Conduct surveys and studies Not permitted Permitted Permitted
______________________________________________________________________________________________________
1 Specific Standard Industrial Classifications (SICs) are contained in Appendix A of Enforcement Exceptions and Limitations under the Appropriations Act, OSHA Directive No. CPL 2-0.51J, May 28, 1998.
Source: Enforcement Exceptions and Limitations under the Appropriations Act, OSHA Directive No. CPL 2-0.51J, May 8,1998.

Table 2--Occupational Safety and Health Act of 1970: Summary of the applicability to agriculture and penalties for violations
______________________________________________________________________________
Exemptions for
Provisions agriculture Basis for agricultural exemptions Enforcement

Temporary labor camps Responsible agency
Must meet standard developed None None Occupational Safety and
for site, shelter, water supply, Health Administration
toilet facilities, lighting, refuse (OSHA), U.S.
disposal, construction and . Department of Labor.
Operation of kitchens, dining hall,
and feeding facilities, insect and Penalties
rodent control, first aid, and Based on the severity
reporting of communicable of the conditions and on
disease the firm's history of OSHA violations.

Field sanitation
Agricultural employers operating Partial 1.Limited to hand fieldwork. Same as above
qualifying establishments are 2.Ten or fewer employees at all
required to provide employees who times during the past 12 months.
do hand labor operations in the field 3. Do not have to provide toilet and
with potable drinking water, toilet handwashing facilities when em-
facilities, and handwashing facili ployees will be working fewer
ties, to maintain these facilities, to than 3 hours (including
inform employees of the importance transportation time).
of specific hygiene practices, and 4.Farms where only immediate
to allow reasonable use in the field family members are employed.
without cost to the employees.

Hazard communication
Agricultural employers are required Partial Same as above Same as above
to establish a hazard communica-
tion program to provide employees
with information about the hazard-
ous chemicals, other than pesticides,
to which they might be exposed.

Cadmium
Agricultural employers are required Partial Same as above Same as above
to monitor the air in areas where
employees are exposed to cadmium,
and if level of exposure is above
minimum allowed, employees must
be notified, and provided with
necessary protective equipment
Logging operations
Agricultural employers who have Partial Same as above Same as above
logging operations, as defined by
the standard, must provide
specific training on hazards and
work practices, first aid and CPR.
They must also assure that personal
protective equipment, tools
and machinery are provided, main-
tained, and utilized in a safe manner.
___________________________
Continued--
Table 2--Occupational Safety and Health Act of 1970: Summary of the applicability to agriculture and penalties for violations-Continued

Exemptions for
Provisions agriculture Basis for agricultural exemptions Enforcement
__________________________________________________________________________________________________________________

Other key provisions
1. Rules governing storage and Partial Same as above Same as above
handling of anhydrous ammonia.
2. Safety requirements for
slow-moving vehicles (less than
25 m.p.h.).
3. Roll-over protective structures for
tractors used in agricultural
operations.
4. Safety devices for farm field
equipment, farmstead equipment,
and cotton gins.
5. Post notices informing employees
of OSHA protections and obliga-
tions and how to get copies of the
act or specified standard.
6. Post citations near location of
violation where they will be readily
seen by affected employees.
7. Post annual summary of occupa-
tional injuries and illnesses.
8. Notify nearest OSHA area office
within 48 hours of any accident
that is fatal to one or more
employees or results in the
hospitalization of three or more
employees.
9. Maintain records of occupational
injuries and illnesses for 5
years at end of year in which
they occur.
10. Insure the ready availability of
medical persons for advice on
matters of workplace health.
11. Provide a person (or persons)
aid supplies readily available.
12. Provide a suitable emergency
facility within the work area for
the quick drenching of eyes and
body. This facility would be for
use of any person who may be
exposed to injuries or corrosive
materials on the job.
____________________________________________________________________________________
Source: Runyan (2000).

Table 3--Worker Protection Standard: Summary of the applicability to agriculture and penalties for violations
______________________________________________________________________________
Exemptions for
Provisions agriculture Basis for agricultural exemptions Enforcement
______________________________________________________________________________________________________
Labeling Responsible agency
Requires everyone applying None None U.S. Environmental
pesticides to obey Protection Agency.
instructions printed on the
pesticide container's label.
Worker Protection Standard Penalties
1. Only appropriately Partial Limited to crop pro- Both civil and criminal on
trained and equipped duction. Owner or a case-by-case basis for
handlers allowed in area operator and immediate any violation.
during pesticide family exempted from some
application. but not all provisions.

2. Workers may enter a
treated area before the
restricted entry interval
(REI) has expired only if
the worker will have no
contact with pesticide
residue, will not be
performing hand labor,
or is entering for a short
term, emergency, or
specifically excepted tasks.

3. Workers must be provided
with protective equipment
in proper working order.

4. Workers must be notified
of pesticide applications,
treated areas must be
posted, and/or oral
warnings must be given to
workers as directed by
labeling.

5. Workers must have received
safety training during the
past 5 years before being
allowed to enter a treated area
during an REI.

7. Decontamination site
must be provided and
maintained if workers are
required to enter treated
area during REI and
ensuing 30 days.
_____________________________
Continued--

Table 3--Worker Protection Standard: Summary of the applicability to agriculture and penalties for violations--Continued
______________________________________________________________________________
Exemptions for
Provisions agriculture Basis for agricultural exemptions Enforcement

8. Emergency assistance
must be provided to any
worker when there is
reason to believe the
worker was poisoned or
injured by pesticides.

Pesticide Handler
Protection Standard Penalties
1. Handler must provide Partial Owner or operator and Both civil and criminal on
information to handler immediate family a case- by-case basis for employees prior to any violation.
applying any pesticide.

2. Only appropriately
trained and equipped
handlers allowed in
area being treated.

3. Handler employee must have knowledge of label,
safe use of equipment,
and posted information
before starting handling
activity.

4. Handler fumigating in a
greenhouse must be in
continuous voice or visual
contact with another handler.

5. Handlers must use
protective equipment
specified on the label for
for use with the product
6. Handlers must be provided
with a decontamination
site
7. Emergency assistance
must be provided to any
worker when there is
reason to believe the
worker was poisoned or
injured by pesticides.
______________________________________________________________________________________________________
Source: Runyan (2000)