- Standard Number:
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.
September 28, l982
George S. Lockwood, Chairman
California Aquaculture Association
P. O. Box 110
Monterey, California 93942
Dear Mr. Lockwood:
This is in response to your requests for a clarification of the classification of the aquaculture industries for OSHA enforcement purposes. Please accept my apology for the delay in our reply.
The classification of aquaculture industry operations depends upon their nature. Operations that are clearly part of the controlled growing and harvesting of fish, shellfish, and plants in fresh, brackish, and marine waters are covered by the OSHA standards for agriculture, 29 CFR 1928. Any operations that are not uniquely agricultural and not part of the controlled growing and harvesting of fish, shellfish, and plants--e.g., the processing of harvested fish--would be covered by OSHA's general industry standards.
Thus, diving operations directly related to activities involving the controlled growing and harvesting of fish, shellfish, and plants are considered agricultural operations. Other types of diving activities--e.g., for the purpose of inspecting and maintaining underwater piping equipment--are covered by OSHA's general industry standards.
Thank you for bringing the California Aquaculture Association's concerns to our attention. Should you have any further requests or comments, please do not hesitate to contact me again.
Mark D. Cowan
Deputy Assistant Secretary