C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1928—OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR AGRICULTURE › Subpart B—Applicability of Standards

29 C.F.R. § 1928.21

Applicable standards in 29 CFR part 1910

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(a) The following standards in part 1910 of this chapter shall apply to agricultural operations:

(1) Temporary labor camps—§ 1910.142;

(2) Storage and handling of anhydrous ammonia—§ 1910.111 (a) and (b);

(3) Logging operations—§ 1910.266;

(4) Slow-moving vehicles—§ 1910.145;

(5) Hazard communication—§ 1910.1200;

(6) Cadmium—§ 1910.1027.

(7) Retention of DOT markings, placards and labels—§ 1910.1201.

(8) COVID-19—§ 1910.501, but only with respect to—

(i) Agricultural establishments where eleven (11) or more employees are engaged on any given day in hand-labor operations in the field; and

(ii) Agricultural establishments that maintain a temporary labor camp, regardless of how many employees are engaged on any given day in hand-labor operations in the field.

(b) Except to the extent specified in paragraph (a) of this section, the standards contained in subparts B through T and subpart Z of part 1910 of this title do not apply to agricultural operations.

(Section 1928.21 contains a collection of information which has been approved by the Office of Management and Budget under OMB control number 1218-0072) [40 FR 18257, Apr. 25, 1975, as amended at 42 FR 38569, July 29, 1977; 52 FR 31886, Aug. 24, 1987; 59 FR 36700, July 19, 1994; 59 FR 51748, Oct. 12, 1994; 61 FR 5510, Feb. 13, 1996; 61 FR 9255, Mar. 7, 1996; 86 FR 61555, Nov. 5, 2021]
Notes of Decisions
Cited in 3 cases, 1979–2009 · leading case: Nat'l Cong. of Hispanic Am. Citizens (El Congreso) v. Ray Marshall, Sec'y of United States Dep't of Labor, 626 F.2d 882 (D.C. Cir. 1979).
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Nat'l Cong. of Hispanic Am. Citizens (El Congreso) v. Ray Marshall, Sec'y of United States Dep't of Labor, 626 F.2d 882 (D.C. Cir. 1979). “27418 (June 23, 1978) (cotton dust in cotton gins); 43 Fed.Reg. 11514 (March 17, 1978) (dibromochloropropane); 43 Fed.”
J.C. Watson Co. v. Sec'y of Labor, 321 F. App'x 9 (D.C. Cir. 2009). “While, as petitioner suggests, it is arguably reasonable to include post-harvest processing facilities within the definition of “agricultural operations,” 29 C.F.R. § 1928.21 (b), it is equally reasonable to exclude such facilities from the definition, as does the Secretary’s…”
J.C. Watson Co. v. Sec'y of Labor, 321 F. App'x 9 (D.C. Cir. 2009). “While, as petitioner suggests, it is arguably reasonable to include post-harvest processing facilities within the definition of “agricultural operations,” 29 C.F.R. § 1928.21 (b), it is equally reasonable to exclude such facilities from the definition, as does the Secretary’s…”
29 C.F.R. § 1928.21(a)(5): 1 case
Nat'l Cong. of Hispanic Am. Citizens (El Congreso) v. Ray Marshall, Sec'y of United States Dep't of Labor, 626 F.2d 882 (D.C. Cir. 1979). “27418 (June 23, 1978) (cotton dust in cotton gins); 43 Fed.Reg. 11514 (March 17, 1978) (dibromochloropropane); 43 Fed.”
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