July 16, 2007
Mr. Michael J. Frenzel, CSP
Associated Safety Consultants, Inc.
9613 Interline Avenue, Suite D
Baton Rouge, Louisiana 70809

Dear Mr. Frenzel:

Thank you for your letter dated April 27, 2007, to the Occupational Safety and Health Administration (OSHA) in which you asked a question regarding OSHA Instruction CPL 02-00-051, Enforcement Exceptions and Limitations under the Appropriations Act. You asked the following:

Question: Paragraph X. of directive CPL 02-00-051 states that — "The Appropriations Act exempts small farming operations from enforcement of all rules, regulations, standards or orders under the Occupational Safety and Health Act." (Emphasis not added.)

Paragraph X.A., then goes on to say that — "A farming operation is exempt from all OSHA activities if it: (Emphasis not added.)

1. Employs 10 or fewer ..."

Do the rules, regulations, standards, or orders under the Occupational Safety and Health Act apply but are exempt from enforcement as stated in the CPL,

OR

Because the rules, regulations, standards or orders under the Occupational Safety and Health Act (OSH Act) are exempt from enforcement, they do not apply?

Response: Under OSHA's current appropriations law, OSHA is not allowed to spend any of the funds appropriated to enforce any standard, rule, regulation, or order under the OSH Act which is applicable to any person who is engaged in a farming operation which employs 10 or fewer employees and does not maintain a temporary labor camp.

The rules, regulations, standards, or orders under the OSH Act do apply to these farming operations, but because of the small farms provision in OSHA's appropriations law, certain employers under certain conditions are considered exempt from OSHA enforcement activity.

If a farmer had ten or fewer employees at all times during the previous 12 months, the farmer would be considered exempt from OSHA enforcement. He would not be considered exempt if he had more than 10 employees at any one time during that period. However, if such a farmer has a temporary labor camp under 1910.142, the employer would not be exempt from the enforcement of the OSH Act.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. 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, consult OSHA's website at http://www.osha.gov. If you have any further questions, please feel free to contact the Office of General Industry Enforcement at (202) 693-1850.

Sincerely,

Richard E. Fairfax, Director
Directorate of Enforcement Programs