08/26/2002 - Standards that apply to cotton gins.

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Title: 08/26/2002 - Standards that apply to cotton gins.
Record Type: Interpretation	Standard Number: 1928.21; 1928.57; 1910.1043(a)(2)

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

August 6, 2002

MEMORANDUM FOR:
REGIONAL ADMINISTRATORS
STATE DESIGNEES

FROM:
R. DAVIS LAYNE
Deputy Assistant Secretary
GARY VISSCHER
Deputy Assistant Secretary

SUBJECT: Cotton Gins

Questions have been raised as to which Occupational Safety and Health Administration (OSHA) standards are applicable to cotton gins. Under the Standard Industrial Classification (SIC) coding system, cotton ginning is under Agricultural Services and has the industry code of 0724. OSHA's long-standing position is that cotton ginning is an agricultural operation and not a general industry operation.

OSHA's agricultural standards (Title 29, Code of Federal Regulation, Part 1928) specifically cover cotton gins in §1928.57, which deals with guarding of farm field equipment, farmstead equipment, and cotton gins. OSHA's cotton dust standard at §1910.1043(a)(2) specifically excludes cotton ginning from coverage.

The only standards that OSHA can apply to agricultural operations are the agriculture standards in 29 CFR Part 1928, and the few general industry standards referenced in §1928.21, which are also applicable to agricultural operations. The following general industry standards are referenced in §1928.21:

1910.111(a) & (b) Storage & Handling of Anhydrous Ammonia

1910.142 Temporary Labor Camps

[1910.145(d)(10)] Slow-Moving Vehicles

1910.266 Logging Operations

1910.1027 Cadmium

1910.1200 Hazard Communication

1910.1201 Retention of DOT Markings, Placards & Labels

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If hazards are found at cotton ginning operations that are not covered by the above standards, consideration should be given as to the applicability of citing under OSHA's general duty clause (Sec. 5(a)(1) of the OSH Act). These may include hazards covered by general industry standards that are not referenced in §1928.21. When a general duty citation is issued, procedures in Paragraph C.2.c. of Chapter III of OSHA Instruction CPL 2.103, Field Inspection Reference Manual (FIRM), are to be followed.

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The official, public domain, OSHA version of this document is available at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24189&p_text_version=FALSE