OSHA programmed inspections of Wisconsin dairy farms will continue for the federal fiscal year of October 1, 2015-September 30, 2016. Local Emphasis Program (LEP) inspections focus on 12 common hazardous dairy farm activities or the “Dairy Dozen.” Inspections are to include facilities and operations where farm employees are engaged in the dairy farm operations including but not limited to: milking parlor, dairy cattle barns, equipment maintenance sheds (shops), storage sheds (commodity sheds), manure storage facilities and collection structures, horizontal silos (bunkers and piles), vertical silos, and grain* storage structures.
Dairy Dozen for OSHA Field Inspection
The OSHA Dairy Farm LEP identifies 12 items for inspection. However, the Dairy LEP is a comprehensive safety review and additional items may be added. If during a safety inspection, the OSHA Compliance Safety and Health Officer (CSHO) identifies potential health hazards, the inspection may be expanded to include a health inspection. Additionally, outside contractors that are performing work on the dairy operation may be incorporated into the scope of the inspection.
Manure Storage Facilities and Collection Structure
Fatal or serious drowning hazards where farm vehicles are operated near waste storage facilities without control measures to prevent accidental entry of machinery or restrict the accidental passage of vehicles and personnel across outdoor earthen manure storage; exposure or inhalation of manure gases by employees.
Animal Handling/Worker Positioning
Crushed-by hazards where employees interact with dairy bulls or cows and employees are not trained on appropriate animal handling techniques; and work in areas where the employee could be caught between the animal and a fixed or moving structure (e.g. gates, crowd gates).
Contact hazards may also exist where animals are handled for the purposes of medical procedures and artificial insemination and not properly restrained. Potentially serious needlesticks where farm workers or veterinarians utilize needles to administer medications to animals that are not properly restrained.
Electrical Systems
Electrocution and electrical shock hazards from direct contact with improperly installed improperly maintained or damaged electrical systems on equipment; or from indirect contact with overhead or buried power lines with farm equipment (e.g. tractors, portable augers, ladders, irrigation pipes).
Skid-Steer Loader Operation
Employees not properly trained on operating, servicing or maintaining skid-steer loaders and failure by employees to use appropriate safety features, such as lift arm supports devices, seat belts, and control interlock systems.
Tractor Operation (29 CFR 1928.51)
Employers are required to provide tractors with ROPS and seatbelts to be worn by employees; and employees must be trained regarding how to properly operate, service or maintain tractors on an annual basis.
Guarding of Power Take-Offs (29 CFR 1928.57)
Requires proper guarding for power take-off shafts (PTO) and other related components of farm field (forage harvesters, TMR) and farmstead equipment (material handling such as augers, conveyors).
Guarding of Other Power Transmission and Functional Components (29 CFR 1928.57)
Employers are required to provide proper guarding of power transmission components on farm field and farmstead equipment. A special provision provides for when the removal of a guard or access door will expose an employee to any component which continues to rotate after the power is disengaged. Annual training of employee on machinery required.
Hazardous Energy Control while performing servicing and maintenance on equipment
Employer must provide a means to prevent one person from starting a piece of equipment while another person is performing maintenance or servicing.
Hazard Communication (29 CFR 1928.21(a)(5) refers to 1910.1200)
Requires a written program by employer, inventory of chemicals, (materials) safety data sheets (M)SDS, training of employees and evaluation of personal protective equipment (PPE). Global Harmonized System (GHS) implementation required training on SDS and labeling by December 1, 2013 and programs should reflect this requirement.
Confined Spaces (e.g. grain storage bins, vertical silos, hoppers, milk vessels or tanks, manure collection systems)
Requires a written program that includes an assessment of the confined spaces and hazard present including atmospheric, engulfment and caught-in hazards; and addresses safe entry procedures and rescue requirements.
Horizontal Bunker Silos
Employers should assess engulfment or struck-by hazards when employees perform facing activities; evaluate fall hazards to determine control measures when placing or removing protective covering and anchoring system.
Noise
Evaluation of hearing loss hazards when working around or operating agricultural equipment.
Document Review
As part of the inspection process, an employer’s OSHA 300 Injury and Illness Logs for current and previous three years as well as corresponding OSHA 300A Summary Forms may be requested for review. In addition as may be asked to employer provided safety and health programs and training may be requested.
What dairy farms will be inspected?
Dairy farms (NAICS 112120) will be randomly selected for the Wisconsin OSHA Dairy Farm Local Emphasis Program (LEP) using the Wisconsin Department of Agriculture Trade and Consumer Protection (DATCP) Dairy Licensing list and the Wisconsin Department of Natural Resources (DNR) Concentrated Animal Feeding Operation (CAFO) list. Farms will be randomly selected per OSHA guidelines.
Eau Claire, Appleton and Madison, Wisconsin OSHA Area Offices will each be responsible for 4 programmed inspections under the LEP and will follow for any unprogrammed activities.. The Milwaukee, Wisconsin OSHA Area Office will use the LEP for conducting unprogrammed activities. Unprogrammed activities are accidents, complaints, referrals and fatalities/catastrophes.
OSHA Compliance Safety and Health Officers (CSHO) will determine if farm may be inspected. If the selected dairy farm meets at least one of the following criteria, it may be inspected.
- Currently employ or in the past 12 months have employed more than 10 employees* on any 24- hour day.
- Currently have active temporary labor camp activity or have had active temporary labor camps during the last 12 months.
- A comprehensive safety inspection has not been conducted within 3 years of the effective date of this LEP.
- Citations:
Safety and health hazard exposures not covered under 29 CFR 1928 (Agriculture Standards) would be evaluated under Section 5(a)(1) of the Occupational Safety and Health Act of 1970 (OSH Act of 1970) that provides that “Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”
This is commonly known as the “General Duty Clause.” OSHA may not cite a farming operation under the 29 CFR 1910 General Industry Standards unless it is specifically identified in the 29 CFR 1928.21(a) Agriculture Standards.
Examples of citations under the General Duty Clause during past years of Dairy LEP (accessed from osha.gov on 10/29/15) are:
OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees exposed to:
Electrical
- electrical hazards: (1) Vet Room/Office, to the right hand side of the entry door, the colostrum pasteurizer had exposed live conductors at the spliced connection between the breaker box and the tail wires leading to the pasteurizer, and (2) Milk house, near the entry door, the vacuum pump conduit was broken at the base of the unit revealing live conductors.
- electrocution and electrical shock hazards: (1) In the milk parlor at the top of the stairway leading to the crowding pen; Employees were exposed to live electrical wires from a terminated conduit. (2) In pen one at the holding pen near the back of the barn; Employees were exposed to a live electrical junction box that was missing a cover. (3) In the new barn at the calving area; Employees were exposed to a live electrical circuit breaker box that had eight missing breakers.
- electrical hazards while working in areas where energized electrical conductors were unprotected: (a) Milk house; The 240 volt service panel was not equipped with an approved dead front and energized components were exposed. (b) Milk house and free stall barn; Faceplates were not installed on receptacles and wall switches. (c) Milk parlor, holding area; An overhead light was damaged and energized electrical conductors were exposed.
Manure storage and handling
- engulfment and potential atmospheric hazards: a) On or about April 22, 2015, employees were exposed to potential engulfment and atmospheric hazards while working in a manure mixing area to remove two pumps that needed to be cleaned and repaired. Employees were preparing to enter a permit-required confined space without performing atmospheric testing, having the dry manure adequately shielded or shored from cave-in, and having an adequate non-entry rescue retrieval system.
- immersion drowning hazards due to lack of a farm vehicle barrier guard on push-off platforms of manure lagoons. On or about July 24, 2013, employees operated a Bobcat skid-steer to push manure slurry from the push-off platform into the smaller manure storage basin. The end of the push-off platform was indistinguishable from the manure and missing the farm vehicle barrier guard that prevents accidental employee entry into the basin. Abatement certification required per 29 CFR 1903.19(c).
- in that vehicle operators were exposed to drowning hazards while unloading and placing manure at or adjacent to push platforms at a slurry pit. (a) Employees were operating farm vehicles at and around push platforms on the south side of the smaller manure slurry pit to unload manure prior to pushing it into the slurry pit. The push platforms and adjacent areas to the push platforms were not guarded by barriers to prevent the farm vehicles operators from potentially driving into the manure pit and the vehicle operator drowning.
- immersion drowning hazards due to an unguarded manure storage pit access point: a) On or about June 29, 2012 the northeast outdoor manure storage lagoon access point lacked guarding to prevent accidental employee entry as an employee used a Deere skid steer to push manure from the barn into the lagoon. b) On or about June 29, 2012 the southeast outdoor manure storage lagoon access point at the west end lacked guarding to prevent accidental employee entry as an employee used a Deere skid-steer to push manure from the barn into the lagoon. Abatement Certification and Abatement Documentation Required.
Eye Protection
- corrosive chemicals splashing into their eyes: a) On or about March 29, 2012, employees were exposed to severe burn hazards to their eyes when they transferred and sprayed Farm Blast AF without the appropriate eye protection in the milking parlor. b) On or about March 29, 2012, employees were exposed to severe burn hazards to their eyes when they transferred and mixed Super Booster additive without the appropriate eye protection in the main barn. Abatement Certification and Abatement Documentation Required.
Horizontal Silo and Fall Protection
- fall hazards when elevated in loader buckets: (a) At the Feed Bunker Area, an employee was exposed to approximately 10-foot to 12-foot fall hazards at the horizontal feed bunker when the employer did not prohibit the loader bucket from being used as an elevating device for personnel. The employee was elevated in the loader bucket to cut back and remove the poly material covering the hay and corn silage.
Animal Handling
- struck-by and crushing hazards. (a)On or about February 25, 2011, an employee was fatality injured as a result of being trampled by a bull while moving cattle to the milking parlor. The employee, was herding livestock in the holding pen, was exposed to crushing injuries while working in and around the livestock. Among other methods, recognized and feasible means of abatement to correct this hazard is to follow the guidelines in the National Institute for Animal Agriculture, Livestock Handling Guide. Develop policies and procedures and conduct training so that employees are knowledgeable in the proper handling of livestock. Certification, and documentation/evidence of abatement is required. Certification of abatement is required by 29 CFR Part 1903 and is to be submitted within ten (10) calendar days after the abatement date.
- crushed-by hazards from a herd of dairy heifers being herded towards a barn in which the employee had no safe way out or protective barriers: (a) An employee performing dairy heifer herding activities was fatally injured while working amongst an estimated 60 cattle as they converged to enter a fenced lane leading towards the barn.
- crushed-by hazards resulting from milking cows being tightly herded into a crowding pen: (a)On and before 11/28/2010, main milking barn; Employees were exposed to crushed-by hazards while operating cattle crowding gate controls within an animal crowding pen containing milking cows. An employee received a fatal torso crushing injuries while operating the controls of a cattle crowding gate in a crowding pen area containing approximately 50 to 60 milking cows. Among other methods, one feasible and acceptable method to correct this hazard would be to remotely locate or hard wire the crowd gate controls into the back of the barn and/or milk parlor area so the operator is not directly exposed to the direct actions or reactions of the milking cows in the crowding pen area. Abatement certification and documentation are required for this item.
Other common citations for items including in the Agriculture Standards were related to recordkeeping, hazard communications, and machine guarding of farm machines or farmstead machines.