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Jim Meade / Iowa City
Senior Advisor

OSHA Says It Can Check Your Grain Bins

In 2011, OSHA put out a memo that says that grain bins are not a part of farming and thus Congressional language that exempts farms of fewer than 10 employees from OSHA grain bin rules does not apply.  In other words, if OSHA wants to check your grain bin, it can and will.

 

Senator Johanns of Nebraska and 42 other senators sent a letter to OSHA telling OSHA to do what Congress said and quit trying to get around the law.

http://www.johanns.senate.gov/public/?p=PressReleases&ContentRecord_id=6ddb7ec8-e9ef-4aab-9ce0-ea673...

 

http://www.agri-pulse.com/Senators-accuse-OSHA-of-burdensome-farm-regulations-12202013.asp

 

"establishments engaged in performing services on crops, subsequent to their harvest, with the intent of preparing them for market or further processing. These establishments provide postharvest activities, such as crop cleaning, sun drying, shelling, fumigating, curing, sorting, grading, packing, and cooling. Corn drying and shelling as well as grain drying, cleaning, and fumigating are also covered under this SIC or NAICS. Therefore, if a small farm has a grain storage structure where: a) grain is fumigated, dried, or processed in a manner addressed under this NAICS or SIC subsequent to its harvest; and b) the grain is sold (put into the market, instead of being used on the farm for agricultural operations), then OSHA has jurisdiction over the grain handling operations. "

 

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=28142

 

Apparently OSHA has inspected and fined two small farms, one in Nebraska.

 

 

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1 Reply
mnvtfarm
Veteran Contributor

Re: OSHA Says It Can Check Your Grain Bins

Had a elevator manager mention voice his "opinion"  to me about this matter a few years  ago, quit hauling there. Kinda makes one wonder who is forcing the enforcement?

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