Standards applicable to cotton gins

August 6, 2002

MEMORANDUM FOR:
REGIONAL ADMINISTRATORS

STATE DESIGNEES

FROM:
R. DAVIS LAYNE

Deputy Assistant Secretary

GARY VISSCHER

Deputy Assistant Secretary

SUBJECT:
Cotton Gins

Questions have been raised as to which Occupational Safety and Health Administration (OSHA) standards are applicable to cotton gins. Under the Standard Industrial Classification (SIC) coding system, cotton ginning is under Agricultural Services and has the industry code of 0724. OSHA's long-standing position is that cotton ginning is an agricultural operation and not a general industry operation.

OSHA's agricultural standards (Title 29, Code of Federal Regulation, Part 1928) specifically cover cotton gins in §1928.57, which deals with guarding of farm field equipment, farmstead equipment, and cotton gins. OSHA's cotton dust standard at §1910.1043(a)(2) specifically excludes cotton ginning from coverage.

The only standards that OSHA can apply to agricultural operations are the agriculture standards in 29 CFR Part 1928, and the few general industry standards referenced in §1928.21, which are also applicable to agricultural operations. The following general industry standards are referenced in §1928.21:

If hazards are found at cotton ginning operations that are not covered by the above standards, consideration should be given as to the applicability of citing under OSHA's general duty clause (Sec. 5(a)(1) of the OSH Act). These may include hazards covered by general industry standards that are not referenced in §1928.21. When a general duty citation is issued, procedures in [OSHA Instruction CPL 02-00-148, Field Operations Manual (FOM)], are to be followed.

[Corrected 1/21/2009]