OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

August 2, 1976

Mr. Leighton A. Wederath
Attorney at Law
517 1/2 North Main Street
Carroll, Iowa 51401

Dear Mr. Wederath:

This is in response to your letter of July 16, 1976, regarding safety standards covering machinery used in the processing of seed corn.

The occupational Safety and Health Administration (OSHA) has two sets of standards specifically covering the guarding of machinery used in the processing of seed corn. One set of standards is 29 CFR 1928.57, Guarding of Farm Field Equipment, Farmstead Equipment, and Cotton Gins. The other set of standards is Subpart O - Machinery and Machine Guarding, of 29 CFR 1910. Both of the above standards are enclosed.

Part 1928 standards apply to "agricultural" operations and Part 1910 standards apply to "general industry" operations. Where the processing of seed corn is not a part of an agricultural operation, Part 1910 would apply.

The State of Iowa under Section 18(b) of the Occupational Safety and Health Act of 1970 is enforcing safety and health standards which are usually identical to the Federal standards. Information on the State of Iowa's safety standards may be requested from following source:

Jerry L. Addy, Commissioner Bureau of Labor, State House East 7th and Court Avenue Des Moines, Iowa 50319 Phone: 515-281-3606

If I may be of any further assistance, please feel free to contact me.

Sincerely,



John K. Barto, Chief
Division of Occupational Safety Programming