Source: NATIONAL ASSOC. OF STATE DEPTS. OF AGRICULTURE, 2/11/14

Earlier today, the Occupational Safety & Health Administration (OSHA) removed a 2011 memorandum instructing OSHA inspectors to ensure grain facilities on farms were in compliance with OSHA regulations.

The 2011 memo in question was a departure from long-standing precedent and violated an appropriations ban exempting small farms (those with fewer than ten employees) from OSHA’s regulatory oversight. OSHA will issue new guidance after consulting with USDA, and OSHA fully intends to comply with the small farms exemption going forward. OSHA’s revised actions and willingness to participate in future consultations with USDA follow a letter from Sen. Johanns (NE) and report language included in the 2014 appropriations bill directing OSHA to rescind its 2011 memo and acknowledge its regulatory overreach.