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Seed-corn processing under farm or industry rules

Summary An attorney asked which machine-guarding standards applied to seed-corn processing. OSHA said agricultural operations used its Part 1928 farm-equipment rules, while processing outside an agricultural operation used Part 1910 general-industry rules.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1976-08-02-0
Date issued
August 2, 1976
Status
Active
Status last verified October 10, 2026

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August 2, 1976

Mr. Leighton A. Wederath
Attorney at Law
[Recipient address omitted]
Dear Mr. Wederath:

This is in response to your letter of July 16, 1976, regarding safety standards covering machinery used in the processing of seed corn.

The occupational Safety and Health Administration (OSHA) has two sets of standards specifically covering the guarding of machinery used in the processing of seed corn. One set of standards is 29 CFR 1928.57, Guarding of Farm Field Equipment, Farmstead Equipment, and Cotton Gins. The other set of standards is Subpart O - Machinery and Machine Guarding, of 29 CFR 1910. Both of the above standards are enclosed.

Part 1928 standards apply to "agricultural" operations and Part 1910 standards apply to "general industry" operations. Where the processing of seed corn is not a part of an agricultural operation, Part 1910 would apply.

The State of Iowa under Section 18(b) of the Occupational Safety and Health Act of 1970 is enforcing safety and health standards which are usually identical to the Federal standards. Information on the State of Iowa's safety standards may be requested from following source:

Jerry L. Addy, Commissioner Bureau of Labor, State House East 7th and Court Avenue Des Moines, Iowa 50319 Phone: 515-281-3606

If I may be of any further assistance, please feel free to contact me.

Sincerely,
John K. Barto, Chief
Division of Occupational Safety Programming

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