Sheep-ranching exception to temporary labor camp livestock setback

April 12, 1988

Ms. Linda M. Jones
Executive Director
Wyoming/Colorado Agricultural
Employers Association
[Recipient address omitted]
Dear Ms. Jones:

This is in response to your letter of March 9, requesting an interpretation of the OSHA Temporary Labor Camp Standard (29 CFR 1910.142) regarding range production of livestock.

As you point out, the regulation states that "the principal camp area in which food is prepared and served and where sleeping quarters are located shall be at least 500 feet from any area in which livestock is kept." Unfortunately, the wording of the temporary housing standard does not adequately provide for the exigencies of certain agricultural-type pursuits such as sheep ranching. You state that this type of enterprise, in which temporary activities such as shearing, lambing and kidding and medication of the animals are performed, must be handled in enclosures closer than the 500 feet minimum.

The purpose of the 500 feet setback is sanitary. In cases where livestock are generally kept for protracted periods of time in enclosures closer than 500 feet to sleeping and food preparation areas, a potential health hazard to employees exists. In the case of sheep ranching where the animals customarily range over very large tracts of land, the animals are not kept in enclosures except in the circumstances indicated above. Proximity of the animals to the workers, particularly in the case of ailing animals that require close supervision, is an important aspect of the animal ranching operation.

The purpose of OSHA standards is to ensure health and safety of the working population. When it is difficult for an employer to adhere to certain stipulations of a standard because of the inherent nature of his operation, an evaluation of the health and safety repercussions is necessary. If it can be demonstrated that no significant risk to workers' health and safety would occur as a result of a nonconforming activity, then the situation may be judged to be "de minimis" and no citation of the aberrant activity will be issued.

It appears that the temporary housing of sheep for the purposes cited in your letter (medication of animals, shearing and lambing and kidding) should not adversely affect the health and safety of workers and would be considered a "de minimis" activity under 1910.142(a)(2).

For the members of your organization in the State of Wyoming, please be advised that this interpretation of the OSHA Temporary Labor Camp Standard refers to those states that are part of the Federal system. Since Wyoming is a State Plan State under OSHA, this interpretation is applicable in Wyoming if the State authorities choose to accept it. A copy of this letter is being sent to The OSHA Regional Administrator in Denver, Mr. Byron Chadwick, and to Mr. John Chambers, the Assistant Administrator of the Wyoming Department of Occupational Safety and Health in Cheyenne. You may wish to contact these parties regarding the status of the interpretation in this letter as applied to sheep ranch employers in Wyoming.

Sincerely,
John A. Pendergrass
Assistant Secretary

[Requester letter reproduced on OSHA page; omitted here.]