Standard Interpretations - Table of Contents|
| Standard Number:||1928.1|
|MEMORANDUM FOR:||MICHAEL G. CONNORS|
|FROM:||PATRICIA K. CLARK, DIRECTOR|
DIRECTORATE OF COMPLIANCE PROGRAMS
|SUBJECT:||Farming Appropriations Rider|
. . . That none of the funds appropriated under this paragraph [OSHA funds] shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees . . .The phrase which is the focus here is "any person who is engaged in a farming operation." We have determined that in order for a small employer(1) to be exempt from OSHA Act enforcement under this rider with respect to any violations found, it must meet two tests. First, the small employer must be in an agricultural SIC code (Major Groups 01, 02, and 07). Second, the alleged violations must involve activities set forth in the agricultural SICs. Thus, if the small employer is only engaged in agricultural operations it is exempt from enforcement. If the small employer is primarily engaged in agricultural operations but has some non-agricultural operations, the agricultural operations are exempt from enforcement but the non-agricultural operations are not exempt. If the small employer is not primarily engaged in agricultural operations but has some agricultural operations, it is not exempt from enforcement, even with respect to the agricultural operations.
Public Law 102-170; November 22, 1991, 105 Stat. 1107.
Establishments primarily engaged in the production of ornamental plants and other nursery products, such as bulbs, florists' greens, flowers, shrubbery, flower and vegetable seeds and plants, and sod. These products may be grown under cover (greenhouse, frame, cloth house, bath house) or outdoors.SIC 5193 Flowers, Nursery Stock, and Florists' SuppliesBedding plants, growing of Bulbs, growing of Field nurseries: growing of flowers and shrubbery, except forest shrubbery Florists' greens, cultivated: growing of Flowers, growing of Foliage, growing of Fruit stocks, growing of Greenhouses for floral products Mats, preseeded: soil erosion - growing of Nursery stock, growing of Plants, ornamental: growing of Plants, potted: growing of Rose growers Seeds, flower and vegetable: growing of Shrubberies, except forest shrubbery: growing of Sod farms Vegetable bedding plants, growing of
Establishments primarily engaged in the wholesale distribution of flowers, nursery stock, and florists' supplies.SIC 5261 Retail Nurseries, Farm and Garden Supply StoresFlorists - wholesale Flowers and florists' supplies - wholesale Flowers, artificial - wholesale Flowers, fresh - wholesale Nursery stock - wholesale Plants, potted - wholesale
Establishments primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools, and other garden supplies to the general public. These establishments primarily sell products purchased from others, but may sell some plants which they grow themselves. Establishments primarily engaged in growing trees (except Christmas trees), shrubs, other plants, seeds, and bulbs are classified in Agriculture Major Group 01 and those growing Christmas trees are classified in Industry 0811.Employers operating in SIC 0181 are farmers, but those in SIC 5193 and 5261 are not engaged in farming operations within the meaning of the rider.Christmas trees (natural) - retail Garden supplies and tools - retail Lawnmowers - retail Nursery stock, seeds and bulbs - retail Power mowers - retail Sod - retail Soil, top - retail
|MEMORANDUM FOR:||PATRICIA K. CLARK, Director|
Directorate of Compliance Programs
|THROUGH:||LEO CAREY, Director|
Office of Field Programs
|FROM:||MICHAEL G. CONNORS Regional Administrator|
|SUBJECT:||Exemptions Under the Appropriations Rider|
|Standard Interpretations - Table of Contents|
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