Topic: MIOSHAStandards Applicable to Michigan Farms
Question: What is the applicability of Michigan Occupational Safety and Health Administration (MIOSHA) standards in Michigan workplaces that perform agricultural activities (e.g., farms).
Answer: Except for activities enforced by the federal Occupational Safety and Health Administration (OSHA) (e.g., maritime industry, Native American reservations and workplaces, federal government employees, etc.), the Mine Safety and Health Administration (MSHA), and the Federal Railroad Administration (FRA), MIOSHA is applicable in all Michigan workplaces conducting general industry, construction, and/or agricultural activities. MIOSHA’s mission is to: Help protect the safety and health of Michigan workers. That is, all employees (including those working on farms) are afforded occupational safety and health protections under the MIOSHA.
Agricultural activities (i.e., crop and animal production), amongst other things, are identified, defined, and categorized by the North American Industrial Classification (NAICS) codes as being any activities whose six digit NAICS codes begin with “11”. Many farm-related work activities would be identified with an agricultural NAICS code (e.g., 111150 identifies Corn Farming, 111331 identifies Apple Orchards, 112210 identifies Hog and Pig Farming, etc.).
Note that some activities performed on farms may be identified as construction activities (including the renovation of a barn or grain bin) or general industry activities (e.g., the processing of produce or animals such as producing jams and jellies from fruits for sale). In such cases, MIOSHA standards for construction or general industry activities would be applicable. The website for accessing such standards may be found at this hyperlink (
MIOSHA regulations that are applicable for agricultural activities performed in Michigan as of the date of this letter include:
•Part 51. Agricultural Tractors
•Part 53. Farm Field Equipment
•Part 55. Agricultural Operations (29 CFR 1928.21)
•Part 700. Agriculture
•Part 501. Agricultural Operations
•Part 511. Temporary Labor Camps
•Part 37. Accident Prevention Signs and Tags
•Part 51. Logging
•Part 78. Storage & Handling of Anhydrous Ammonia
•Part 309. Cadmium
•Parts 42, 92, & 430. Right-to-Know/Hazard Communication
•ADM Part 11. Recording and Reporting of Occupational Injuries and Illnesses (when employing 11 or more employees at any time during the year)
Some may have the misconception that MIOSHA does not apply in agricultural workplaces (i.e., farms) due to the Federal Appropriations Act (FAA) and its impact on small farming operations. A small farming operation is defined as a farm employing 10 or fewer employees currently and at all times during the last 12 months; ANDhas not had an active temporary labor camp during the preceding 12 months. Note that family members of farm employers are not counted when determining the number of employees (i.e., both direct and in-law family member). The FAA exempts small farming operations from enforcement of all rules, regulations, standards or orders under the Occupational Safety and Health Act (OSHA).
However, workplaces performing agricultural activities in the state of Michigan are regulated by MIOSHA and not federal OSHA. Only State of Michigan monies are expended to support MIOSHA’s regulatory enforcement activities conducted on farms. As such, small farming operations in Michigan are not exempt from MIOSHA regulations or activities conducted by MIOSHA’s enforcement programs.
Note that while MIOSHA regulations will apply to all farming operations in Michigan, it is rare that MIOSHA will perform enforcement activities in such workplaces. Most commonly, MIOSHA may inspect a farming operation under the following circumstances:
- To determine compliance with requirements impacting temporary labor camps (Part 501);
- To determine the occupational safety and health of employees engaged on any given day in hand-labor operations in the field;
- When any fatality is reported (NOTE: MIOSHA requires the reporting of all fatalities occurring in the workplace, including a farm, within eight (8) hours of occurrence by calling 800-858-0397.);
- When a serious injury is reported (NOTE: MIOSHA requires the reporting of all in-patient hospitalizations, amputations, or loss of an eye incidents within 24 hours of occurrence by calling the injury report line at 844-464-6742.);
- A referral to MIOSHA regarding occupational safety and health concerns is received from another governmental agency; and/or
- An employee complaint concerning occupational safety and health conditions in the workplace is received.
Applicable Construction Safety Standard/Rule: N/A
Applicable General Industry Safety Standard/Rule: N/A
Applicable Occupational Health Standard/Rule: N/A
Applicable Agricultural Operations Standard/Rule:
- Part 51. Agricultural Tractors
- Part 53. Farm Field Equipment
- Part 55. Agricultural Operations (29 CFR 1928.21)
- Part 700. Agriculture
- Part 501. Agricultural Operations
- Part 511. Temporary Labor Camps
- Part 37. Accident Prevention Signs and Tags
- Part 51. Logging
- Part 78. Storage & Handling of Anhydrous Ammonia
- Part 309. Cadmium
- Parts 42, 92, & 430. Right-to-Know/Hazard Communication
- ADM Part 11. Recording and Reporting of Occupational Injuries and Illnesses
Additional Resources: For complimentary MIOSHA consultation please contact our office at (517) 284-7720 or submit a Request for Consultative Assistance (RCA).
Date Posted:October 26, 2016 /