Former field sanitation worker-count interpretation

February 6, 1989

MEMORANDUM FOR: BYRON R. CHADWICK
REGIONAL ADMINISTRATOR

THROUGH: LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS

FROM: THOMAS J. SHEPICH, DIRECTOR DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT: Interpretation of 29 CFR 1928.110(a)

This is in response to the questions contained in your memorandum of February 1988. The questions are answered in the order in which they were presented.

1. "Field Worker" is defined for the purpose of compliance with the Field Sanitation standard, as an employee of an agricultural employer who is engaged on any given day in hand-labor operations in the field.

2. The time span used to determine the number of employees controlled by the employer shall be the single highest number employed at any one time over the past 12 months.

3. Count only those employees who fall within the definition of "Hand-Labor Operations". Particular attention should be given to the excluded field or field-related activities when counting covered employees, as defined at 29 CFR 1928.110(a)(iii).

4. The number of employees is not a collective or cumulative count.

5. At least eleven (11) or more employees have to be working in the field on the day of the opening conference or eleven or more must have been employed at work covered within the scope of the standard on any single day, within the past twelve (12) months.

[Earlier internal memoranda reproduced on OSHA page; omitted here.]