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 5, 1989

MEMORANDUM FOR:  REGIONAL ADMINISTRATORS

THOUGH:          LEO CAREY, DIRECTOR
                OFFICE OF FIELD PROGRAMS

FROM:            THOMAS J. SHEPICH, DIRECTOR
                DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT:         Field Sanitation

This is to inform you of a policy change regarding the scope of coverage of the field sanitation standard. Effective immediately, the scope of coverage shall apply to any agricultural establishment/employer that has employed, during the past twelve months, at any one time, eleven (11) or more employees engaged in hand-labor operations in the field. This coverage applies regardless of the location(s) of the field(s) and regardless of the number of employees in any particular field or the number of employees engaged in hand-labor operations in the field on the day of inspection.

This change rescinds the interpretation found in the February 6 and 27 memorandums to Regional Administrators and in the January 31 and June 7 correspondence to Hi-Bred International, Inc. These interpretations were based on an erroneous reading of portions of the standard's preamble.

Please contact James C. Dillard, of my staff, at 523-8041, if you have additional questions.