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Show Page 6 affdSy Editors Note: The Occupational Safety and Health Act of 1970 raises many questions for farm employers. Wyoming Farm Bureau has asked the Department of Labor some of these questions. To help Understand how farmers will be affected by this new safety act we are reprinting both the questions and the answers. 1. Q. As an agricultural employer, when can I expect to receive my copy of the recordkeeping requirements? names on the Social Security mailing list were sent a copy of the recordkeeping requirements in August. If you do not make Social Security payments you will not have received a Recordkeeping Requirements booklet and you should request one. 2. Q. If I dont receive the recordkeeping requirement material soon, whom should I write or contact to get my copy? A. Department of Labor Executive Building Suite 309 A. All 455 February Utah Farm Bureau News East 4th South Salt Lake City, Utah 84111 3. Q. I operate a ranch which is required to report any occupational related injury or illness. What about my family members? Do I report their injuries or illnesses too? For a family operation, unless it is incorporated or unless Social A. Security payments are made for family members, the recordkeeping requirements are not applicable. an employer, must I report my personal occupational injuries or illnesses as well as those of my 4. Q. As employees? The Act applys to employees only. 5. Q. Who is responsible for reporting occurrences on a rented or leased place, the owner or the A. No. tenant? If the tenant is not an employee of the owner, then he (the tenant) must keep records if he has (me or jnoreemployeesJl 6. Q. I exchange labor with my neighbor. Do we have to keep any records on each others illnesses or injuries? A. If the actual employer turns over control of his employees to his neighbors direction then the neighbor must keep records. If the actual employer maintains control of and directs his own employees for his neighbor, then he will continue to keep records for them. A. . does custom work fit into this picture on the family farm? Must the farmer or rancher report and record injuries or illnesses of persons doing custom work? Or does the person performing custom services have to keep his own safety and health records? A. When custom work is done on a 7. Q. How contractual Mi Iff 1D1I flppfes are the three main areas of con- cem that are currently in force and sheet-metapplicable to agriculture. longshoring, roofing, and Currently the safety and health working, meat and meat product processing, lumber in- standards for agriculture are study and once evaluated dustries and wood products, and mobile home and miscellaneous and accepted as agreeing with regulations enforcement equipment federal transportation will take place, particularly on manufacture. These industries will not included in the above items receive the most immediate atmentioned items. Up to three years tention of inspectors and other industries will be visited more may pass before final conclusions will be reached for additional gradually. items for enforcement. Agriculture 9. Q. Will both federal and state inspectors conduct the farm and is being considered in a different ranch inspection? Or will it just be light than other industries because of its unique operation. one or the other? Farm people should certainly A. State inspectors will accompany their own operations and evaluate federal inspectors on a dual control the safety features to basis. The state inspector will accidents that may cause learn to carry on the program prevent or serious death and be injury under federal direction and over to conform when regulations .a period of a couple of years will ready are approved. finally take over the responsibilities of inspection and citing violations. A. No, state inspectors are not authorized to stage inspections nor 10. Q. Are state inspectors now authorized to issue safety and issue citations. State inspectors will not take over this respon-health hazard violation citations? If not, at what point in time will sibility from their federal coun- terparts for two or three years. they be so authorized? 11. Q. Can and-o- r will citations be 17. Q. Is it true, there will be no issued if a or rancher in- farmer warning citations issued for first to vites look around an inspector time inspections which identify his place to assist in identifying safety and or health hazards on hazards? If so, is the farm or ranches? agriculturalist being warned to A. No, that is not necessarily true. avoid seeking any courtesy in- There may be notices issued instead of citations for violations spection? which have no immediate A. Yes, the farmer or rancher would be subject to citations for relationship to safety and health. A notice is merely a warning that a any violations if the inspector they invite onto their property is a potential hazard exists and should be corrected. A citation is a federal inspector. It would statement that a potential hazard therefore be advisable to invite a exists and that there will be a penalty assessed because the hazard should have been recognized by the employer. In connection with the citation, there is a set time period within which the employer must remove the hazard. If the situation is not rectified within the stated time period and the employer has not appealed the citation and or time period, then a penalty, will be proposed for this failure. Failure to comply to the standards considered willful or repetitious will be subject to penalties of up to $10,000 for each violation. Willful violations resulting in a fatality are subject to fines up to $10,000 or imprisonment for up to six months. 18. Q. What is the penalty for a person refusing an inspector entry on to his farm or ranch? A. The Act itself specifically states that an inspector may enter without delay, and at any reasonable times, any establishment covered by the Act to inspect the premises and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any employer, owner, operator, agent or employee. In addition it is a Federal Criminal Offense to assault, kill or otherwise interfere with certain law enforcement officials in the course of their dustries cidence because of high inrates. These are - al 1972 state inspector to come alone to piicable to the agricultural sector, help him determine potential js intended this will be as hazards. complete a list as possible and that Are FFA chapters and-o- r wyj made available to the instructors authorized to conduct agriculture people when com-undfarm or ranch inspections? Or is pieted. there some special program in- 15. Q. In addition to the agriculture volving the FFA chapters? A. No, there is no connection standards dealing with farm labor, between the FFA and the OSHA housing, handling and storage of anhydrous ammonia and slow program. of-13. Q. According to federal moving vehicles by names what other regulations should farmers ficials, additional standards for the agricultural industry will be and ranchers be aware? adopted. Are these presently being a. In general the following developed? When will the categories should be added: agriculturalist officials have the Environment and Health opportunity to express their ideas Compressed gases and opinions about these proposed Chemicals, pesticides and regulations? tilizers A. Additional standards will be Sturctures i.e., ladders, stair adopted as evidence of their need ways, catwalks, platforms, etc. comes about. This is one of the Handling of machinery and recorreasons for the primary equipment, etc. As function. are these dkeeping 16. Q. If an employer provides all adopted, they will be made the proper protective equipment available to you through an clothing in addition to agricultural organizations, county agents, the news media, etc. The adequate instruction about the state would like to hear comments necessity and requirements for on the program and the Federal employee use, will the employer or Government has stated that the employee be cited if an inspector program has been made flexible to observes the employee flagrantly instruction and incorporate new ideas or bridge disregarding 1 utilize the protective gear? ders gaps that may exist. 14. Q. How can a farmer or rancher A. Just as any employer is be expected to obtain a complete responsible for the actions of his set of and be familiar with the employees on the job, it is the volumes of specifically designated employers responsibility to take agriculture standards as well as the necessary steps to see that the the various general standards employee complies with the applicable to his industry? regulations. This position is being A. Attempts are being made to pull challenged in the courts, but at this out regulations thought to be ap- - time this rule applies. 12. Q. Driving Slow Moving Equipment? basis where the worker contracts to do a specific job for a specific price or rate of pay, then he is a contractor and his own employer and must do his own recordkeeping if applicable. If the worker just does a general type of assignments. work for one employer then he is An inspector therefore has the an employee. For example: If a backing of an Act of the United Congress, the Federal carpenter contracts to build a barn States and the Federal Courts Marshall for a certain price or wage and and any of their respective when the barn is finished he has and capacities. completed the contract, then he is penalties a contractor. If a carpenter is hired 19. Q. Who gets the fines (money) to continuously maintain the ranch levied and collected by OSHA buildings, then he is an employee. under provision of the Act? Will it If a man or crew agrees to plow a go to OSHA, the general U.S. certain acreage or harvest a Treasury or the State in which certain crop for a specific price occurred? this is a contract making such A. Fines from OSHA citations go to people contractors and they are not the general U.S. Treasury. There is therefore no incentive to levy fine? employees. to rancan boost funds for any specific When farmers and 8. Q. chers expect inspectors to begin agency or program. It should be noted that question visiting states agricultural sites? A. No definite date can at this time 15 refers to standards dealing with be given. The Bureau of Labor ' farm labor, housing, handling and Statistics has designated several storage of anhydrous ammonia g vehicles. These industries as the "target in and the-violatio- slow-movin- GET YOUR FLAG UP! PROTECT YOURSELF AND YOUR EMPLOYEES FROM REAR END COLLISIONS. SIGNS AVAILABLE AT COUNTY FARM BUREAU OFFICES AT COST. FARM BUREAU MEMBERSHIP PAYS er fer-impro- ve |