Small Farmers Not Under OSHA Safety Regulation
Around 93 percent of all farms belong to small farmers, as reported by the latest census on agriculture. In California, the number is even higher, with only 1.3 percent operated by corporations. The rest are family farms. Around the nation, there are 1.2 million farmworkers. However, many farmworkers don’t know that they are not covered under the Occupational Safety and Health Administration regulations.
This means that when a worker is injured or dies while working on a farm of 10 acres or less, the accident is not investigated by OSHA. No official count has been kept, but data by the Bureau of Labor Statistics show at least 333 farm workers died on these small farms in accidents nationwide between 2013 and 2018.
Why Workers Are Not Protected When Employed by Small Farmers
Investigations of accidents by OSHA can determine whether the farm owner was negligent or reckless. The agency also prescribes safety guidelines to improve working conditions for workers. In 1975, an OSHA budget passed by Congress exempted a small farmer (10 or fewer workers) from coming under their jurisdiction. In other words, for the past 45 years, countless accidents on properties belonging to small farmers have gone uncounted and uninvestigated by this federal agency.
This prevents those injured workers and grieving families from getting the answers they need as to why and how the accident happened. It also potentially affects the injured worker or grieving family from having the strongest evidence available when filing a personal injury claim. In the database for OSHA, the notation is simply “No Inspection/Exempt by Appropriation Act.”
Attempts to Change the Law
Senator Jack Reed of Rhode Island offered an amendment in 1999 that authorized OSHA to investigate fatalities on properties owned or operated by small farmers if it involved children in determining if negligence occurred. He included in the amendment that the agency would only have the power to determine what had caused the accident but not impose penalties. He withdrew it when he saw that it had little support in Congress. A small farm in Nebraska was cited by the federal government for its safety violations because the OSHA exemption did not apply to activities post-harvest. However, state senators from the farm belt and the American Farm Bureau Federation objected strenuously, so OSHA did not act.
Cal/OSHA Consultations
In the state of California, consultations are offered to help farmers lower their rate of accidents and hazards as well as improve profitability and save money. It also educates both employers and farmworkers on working safely. An on-site visit can be requested, and the consultant can offer guidance and materials on setting up a program to improve worker health and safety.
Accidents on Small Farms
Year after year, horrific accidents occur at locations owned by small farmers that leave a worker seriously injured or a fatality statistic. Although OSHA is not there to investigate, an experienced farm accident lawyer can help by investigating the cause of an injury or death to help bring closure to the family. A personal injury or wrongful death claim can be filed if negligence is found to be involved, which will not ease the suffering but can bring financial relief.
Yuba-Sutter Farm Accident Lawyer
I’m Ed Smith, a Yuba-Sutter Farm Accident Lawyer. It is my belief that no one should face injury or lose a loved one because of negligence when the at-fault party walks away from it without being held responsible. Phone me at (530) 392-9400 locally or (800) 404-5400 for my free and friendly advice. If you prefer, you can message me online, and I will contact you as soon as I can.
I’ve helped the residents of Yuba City for 38 years to obtain the compensation they deserve, including in wrongful deaths, farm accidents, serious traumas, and traffic collisions.
You can discover more about my law practice by visiting:
I belong to a number of organizations I am proud of, but am especially honored to be a member of the following:
Photo Attribution: https://pixabay.com/photos/country-lane-gravel-road-tuscany-428039/
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