Agriculture is one of the most dangerous industries in the United States, with 22 of every 100,000 farmers dying in a work-related accident. Farmers are nearly twice as likely to die on the job as police officers are, five times as likely as firefighters, and 73 times as likely as investment bankers. While death rates are high, injury rates are even higher—with the Centers for Disease Control (CDC) estimating almost 60,000 adult farm injuries every year.
With careers in agriculture being so hazardous, it is natural to question if the regulations and standards for safety developed by the Occupational Safety and Health and Administration (OSHA) apply to farmers and their employees. In fact, OSHA does apply to some farms—with a small farm exemption for farms with 10 or fewer employees.
Under the General Duty Clause (Section 5(a)(1)), each employer is required to furnish a place of employment free from recognized hazards that may cause, or are likely to cause, serious physical harm or death for their employees. In addition, employees are required to be accountable for their own actions by complying with occupational safety and health standards and rules.
The Appropriations Act exempts small farming operations from the enforcement of all rules, standards, regulations, and orders. This Act only applies if the farm had 10 or fewer employees in the past 12 months and has not had an active temporary labor camp during the preceding 12 months. When counting employees, only family members considered “immediate family” are exempt. This does not include aunts, uncles, nieces, nephews, cousins, and/or grandchildren—thus they would be considered an employee. If the farm is considered a farming corporation or limited liability company (LLC), OSHA is permitted to consider all family members as employees. A farming corporation is defined as any operation involved in the growing or harvesting of crops, raising of livestock or poultry, or related activities conducted by a farmer on farms, ranches, orchards, dairy farms, or other similar farming operations.
In 2014, OSHA determined that an employee that performs activities on a small farm that are not related to farming operations or are not necessarily for economic gain from products produced on the farm, those activities are not exempt from OSHA enforcement.
Agricultural jobs rank as one of the most dangerous in the U.S. The lawyers at America’s Consumer Lawyer will work with you to help determine whether filing a lawsuit is in your best interest and make sure you receive the compensation you deserve. If you or a loved one suffered an injury on a farm, contact us today.
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