If you didn't know it already, farming is a dangerous
job.
In 2009, national statistics show the highest fatality rate
occurred in the agriculture, forestry, fishing and hunting sectors
with 26 fatalities per 100,000 full-time workers. According to the
Bureau of Labor Statistics, this is eight times the national
average. From 2003 to 2009, a period of six years, a total of 110
people were killed while working on U.S. dairy farms.
Non-fatal injuries also rank high for agriculture. In 2009,
national estimates for non-fatal injuries were 5.1 per 100 workers.
Beef and dairy industries have even higher injury rates of 6.5 and
5.4, respectively.
To prevent these types of accidents from happening, the
Occupational Safety and Health Administration (OSHA) has rules in
place that all dairy farms must follow to protect the health and
safety of your employees.
Safety plan please
Every dairy farm, no matter where you are located, should
have a written safety program in place. Although requirements may
vary slightly by state, dairy farms must comply with state and/or
federal guidelines.
Unfortunately, when it comes to safety plans, the dairy industry
is hopelessly out of compliance, says Anthony Raimondo, agriculture labor law attorney
with McCormick Barstow in Fresno, Calif.
You might feel your dairy farm is a safe place to work. You may
even hold employee safety meetings or perform safety trainings. But
if the program isn't written down, it doesn't exist, says
Raimondo.
"Many people have components of a safety plan as their
business culture, but if it's not written out, it doesn't
count," agrees Amy Wolfe, executive director of AgSafe.
"OSHA wants to see you have a safety-management
plan."
OSHA rules apply to you
According to the Occupational Safety and Health Act (OSHA), any
dairy farm that employs 11 or more employees at any time during the
previous 12-month period or offers temporary housing to employees
during that period is subject to OSHA regulatory oversight. A dairy
farm is exempt from all OSHA enforcement if the dairy farm employs
10 or fewer employees currently and at all times during the last 12
months and has not offered any temporary housing during the
preceding 12 months.
Family members of farm employers are not counted when determining
the number of employees for OSHA oversight. A part-time employee is
counted as one employee.
It's important to note that while dairy farms that employ 10
or fewer employees are exempt from inspection, they are not exempt
from OSHA regulations.
States with OSHA-approved State Plans may enforce on small farms,
provided that 100 percent state funds are used and the state has an
accounting system in place to assure that no federal or matching
state funds are expended on these activities. Currently, there are
25 OSHA-approved state programs.
"The bottom line is we want all farms to do what they can to
create a safe environment for its workforce," says Mary Bauer,
an OSHA compliance assistant specialist. "All farm employers
are obligated to comply with OSHA regulations — no matter
what size they are."
OSHA is coming
Although, statistically, dairy farms are one of the most
dangerous places to work, OSHA has left dairy farms alone for the
most part. From 2000 to 2010, a total of 736 inspections took place
on U.S. dairy farms. But this could soon be changing, says
Wolfe.
OSHA regulations could be looked as a potential revenue generator
for state and federal governments. "It's all about
low-hanging fruit, and dairy farms are low-hanging fruit,"
notes Wolfe. "They don't have to dig deep to write
tickets." And, because of the size and locations of dairy
farms, they are visually easy to spot, she adds. As a result, dairy
becomes an easy target.
During the Professional Dairy Producers of Wisconsin annual
meeting in Madison, Wis., earlier this year, Mary Bauer, an OSHA
compliance assistant specialist, announced that Wisconsin would be
stepping up its inspection of dairy farms, noting that a recent
increase in on-farm fatalities is prompting the inspections.
"Just because OSHA has left you alone in the past does not
mean they will in the future," adds Raimondo.
It can cost you
If OSHA does show up at your door and you are out of compliance,
it will cost you.
Fines can range from a couple hundred dollars to $70,000,
depending upon the seriousness of the violation. Some penalties may
even result in jail time.
Citations can be issued for a wide variety of things, such as
improper or lack of worker personal protective equipment,
inadequate injury and illness records and improper machine
guarding, just to name a few. It is imperative for each owner and
manager to be familiar with OSHA safety standards and how to stay
in compliance with those standards. This will help ensure worker
health and safety, as well as maintain an effective
safety-management plan, explains David Douphrate with the High
Plains and Intermountain Center for Agricultural Health and Safety
at Colorado State University in Fort Collins, Colo. (See
"Citations by the numbers" below.)
CITATIONS BY THE NUMBERS
From 2000 to 2010, a total of 736 inspections took place
on U.S. dairy operations. Some of the more common citations
were:
-
Lack of proper injury and illness prevention program.
-
Lack of work injury and reporting.
-
Lack of mounting or proper tagging of portable fire extinguishers.
-
Inadequate communication program about hazardous chemicals.
-
Inadequate process safety management of highly hazardous chemicals.
-
Inadequate hazardous waste operation management and emergency response.
-
inadequate respiratory protection.
-
Lack of roll-over protection structures or ROPS.
-
Inadequate guarding floor and wall openings and holes.
-
inadequate eye and face protection.
-
inadequate medical services and first aid.
-
inadequate guarding of field and farmstead equipment.
Pay attention to California
Pay close attention to the safety programs required in
California, because they are setting a precedent for the rest of
the country.
All dairy farms in California are required to have an Injury and
Illness Prevention Plan (IIPP) as their safety program. The
California IIPP is a much more extensive safety plan than currently
required by any other state. Federal OSHA is working toward making
the IIPP a federally mandated program.
California's IIPP also has a standard for zoonotic safety.
"Under the zoonotic safety standard, California dairy farmers
are required to write down all measures they take to prevent
disease transmission between employees and animals," notes
Wolfe. "Unfortunately, most dairy farmers aren't in
compliance." The zoonotic safety standard has been in place
since August 2008, but has yet to be enforced.
It's unknown at this point if the zoonotic portion will be
included in the federal program that OSHA is considering.
You need safety training
Research studies show that the two main causes of
workers' injuries, fatal and non-fatal, are incidents with
machinery and animals. A safety program can help you prevent this
from ever happening on your operation.
While all of the documentation that comes along with a safety
program can be a pain in the rear, says Wolfe, it's the right
thing to do. It is also a great way to gain insight into how your
operation functions, a process that may help your operation become
more efficient.
Regardless, if you don't take the time to put a safety program
in place on your farm, you're just waiting to be victims of the
government, notes Raimondo.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.