What is in this article?:
- For the first time since the 1970’s, the U.S. Department of Labor is proposing amendments and additions to the Fair Labor Standards Act in an attempt to increase safety requirements for young workers employed in agriculture.
Working With Animals
• Working With or Around Animals
DOL proposes to revise 29 C.F.R.§570.72(b)(4)- HO would prohibit working on a farm in a yard, pen, or stall occupied by intact male equine, porcine, bovine, bison older than 6 months, sow with suckling pigs, or cow with newborn calf, or engaging or assisting in animal husbandry practices inflicting pain upon animal or likely to result in unpredictable animal behavior (breeding, branding, castrating, herding, vaccinating, dehorning, associated with herding of animals).
• Timber Activities
DOL proposes to modify existing Ag HO at §570.71(a)(5) and move to 29 C.F.R. §570.99(b)(5) removing size limits and prohibiting all work involved with removal of tree stumps, prohibit felling, skidding, loading and unloading of timber.
• Working in Construction
DOL proposes to create new Ag HO at 29 C.F.R. §570.99(b)(6) entitled Occupations involving working in construction; in communication; in public utilities; in wrecking and demolition; and in excavation; includes, demolishing and clean up, salvage, dismantling buildings, etc.
• Working on Scaffolding and Roofs
o DOL proposes to create new 29 C.F.R. §570.99(b)(7) entitled “Occupations involving work on roofs, scaffolds, and at elevations greater than 6 feet.” The proposal would prohibit working on or about a roof from a scaffold at elevations greater than six feet above another elevation, and includes such farm structures as silos, grain bins, and windmills. The proposal would also prohibit hired farm workers under the age of 16 from performing work from a ladder or farm structure, or at elevations greater than 6 feet.
• Working Inside Fruit, Forage, or Grain Storage Designed to Retain Oxygen or Toxic Atmosphere
The DOL proposes to revise existing 29 C.F.R. §570.71(a)(8) and reposition it as 29 C.F.R. §570.99(b)(8), (b)(9). The provision is entitled "Occupations involving working inside fruit, forage, or grain storage silo or bin and Occupations involving working inside manure pit" and includes upright silos within two weeks after silage, manure pits, and horizontal silos while operating tractor for packing purposes). The DOL is also considering adding prohibitions that would expand the current Ag HO to include other confined spaces, such as livestock confinement buildings with or without ventilation systems.