{"database": "press", "table": "releases", "rows": [["https://www.enzi.senate.gov/public/index.cfm/news-releases?ContentRecord_id=1463417b-a261-445f-9a63-83a49edc0011", "Senators ask OSHA to stop illegal regulation of farms", "2013-12-20", "2013", "2013-12", "Republican", "House", "WY", "Michael Enzi", "E000285", "www.enzi.senate.gov", null, null, "legacy", "Washington D.C.\u2014 U.S. Senators Mike Enzi and John Barrasso, both R-Wyo., joined Senator Mike Johanns, R-Neb., and 40 other senators from both sides of the aisle, requesting that the Occupational Safety and Health Administration (OSHA) immediately stop its unlawful regulation of family farms.\r\n\u201cOSHA is creating an artificial distinction in an apparent effort to circumvent the Congressional prohibition on regulating farms,\u201d the senators wrote in a joint letter to Department of Labor Secretary Thomas Perez, who oversees OSHA.\u00a0 \u201cCongress has spoken clearly and we sincerely hope that you will support America\u2019s farmers and respect the intent of Congress by reining in OSHA.\u201d\u00a0\r\nSince 1976, Congress has exempted small, family-run farms from OSHA regulations, but in a 2011 memo OSHA asserted that on-farm grain storage and handling was not part of farm operations. The memo essentially expanded OSHA\u2019s regulatory scope to nearly every farm in the country without going through the established rule making process that allows Congressional review and public comment, in defiance of the law. \r\nIn addition to Enzi, Johanns and Barrasso the letter was signed by U.S. Senators. Lamar Alexander, R-Tenn., Kelly Ayotte, R-N.H., Michael Bennet, D-Colo., Roy Blunt, R-Mo., John Boozman, R-Ark., Richard Burr, R-N.C., Saxby Chambliss, R-Ga., Dan Coats, R-Ind., Tom Coburn, R-Okla., Thad Cochran, R-Miss., John Cornyn, R-Texas, Mike Crapo, R-Idaho, Deb Fischer, R-Neb., Jeff Flake, R-Ariz., Lindsey Graham, R-S.C., Chuck Grassley, R-Iowa, Orrin Hatch, R-Utah, John Hoeven, R-N.D., Jim Inhofe, R-Okla., Johnny Isakson, R-Ga., Ron Johnson, R-Wis., Mark Kirk, R-Ill., Mike Lee, R-Utah, John McCain, R-Ariz., Mitch McConnell, R-Ky., Jerry Moran, R-Kan., Rand Paul, R-Ky., Rob Portman, R-Ohio, Mark Pryor, D-Ark., Jim Risch, R-Idaho, Pat Roberts, R-Kan., Marco Rubio, R-Fla., Tim Scott, R-S.C., Jeff Sessions, R-Ala., Jeanne Shaheen, D-N.H., Richard Shelby, R-Ala., Pat Toomey, R-Pa., John Thune, R-S.D., David Vitter, R-La. and Roger Wicker, R-Miss.\r\nA copy of the senators\u2019 bipartisan letter is below:\r\nDecember 20, 2013\r\nThe Honorable Thomas E. Perez\r\nSecretary\r\nU.S. Department of Labor\r\n200 Constitution Avenue, N.W.\r\nWashington, DC 20210\u00a0\r\n\u00a0\r\nDear Secretary Perez:\r\nWe write to you regarding reports that regulators at the Occupational Safety and Health Administration (OSHA) have begun taking regulatory actions against farms that are specifically exempted by Congress from regulatory enforcement conducted by OSHA. Since 1976, Congress has included specific language in appropriations bills prohibiting OSHA from using appropriated funds to apply requirements under the Occupational Safety and Health Act of 1976 to farming operations with 10 or fewer employees.\u00a0\r\nIt has come to our attention that OSHA is now interpreting this provision so narrowly that virtually every grain farm in the country would be subject to OSHA regulations.\u00a0 OSHA\u2019s interpretation defies the intent of Congress in exempting farming operations from the standards of the Occupational Safety and Health Act.\u00a0\r\nIn viewing a farm\u2019s \u201cgrain bin operation\u201d as somehow distinct from its farming operation, OSHA is creating an artificial distinction in an apparent effort to circumvent the Congressional prohibition on regulating farms.\u00a0 The use of grain bins is an integral part of farming operations.\u00a0 Without grain bins, farmers must sell corn and soybeans immediately after harvest, when prices are usually low.\u00a0 Storing grain in bins is thus a fundamental aspect of farming.\u00a0 Any farm that employs 10 or fewer employees and used grain bins only for storage prior to marketing should be exempt, as required by law, from OSHA regulations.\u00a0\r\nA memo issued by the Director of Enforcement Programs on June 28, 2011, stated that \u201cmany of these small farm employers mistakenly assume that the Appropriations Rider precludes OSHA from conducting enforcement activities regardless of the type of operations performed on the farm.\u201d\u00a0 The memo declares that all activities under SIC 072\u2014including drying and fumigating grain\u2014are subject to all OSHA requirements (the memo did not even mention grain storage).\u00a0 There are many farms that have grain dryers on-farm to address wet harvest conditions or fumigate grain to prevent pests from ruining a crop prior to marketing.\u00a0 These are basic, common, and responsible farming activities that OSHA has arbitrarily decided are non-exempt.\u00a0\r\nWorker safety is an important concern for all of us\u2014including the many farmers who probably know better than OSHA regulators how to keep themselves and their employees safe on farms.\u00a0 If the Administration believes that OSHA should be able to enforce its regulations on farms, it should make that case to Congress rather than twisting the law in the service of bureaucratic mission creep.\u00a0 Until then, Congress has spoken clearly and we sincerely hope that you will support America\u2019s farmers and respect the intent of Congress by reining in OSHA.\u00a0\r\nWe would ask that you direct OSHA to take the following three steps to alleviate this concern.\u00a0 First, OSHA should cease all actions predicated on this interpretation, which is inconsistent with Congressional intent.\u00a0 It is important that OSHA also issue guidance correcting this misinterpretation of the law.\u00a0 We suggest consulting with the U.S. Department of Agriculture and organizations representing farmers to assist with this guidance.\u00a0 Finally, we ask that OSHA provide a list and description of regulatory actions taken against farms with incorrectly categorized non-farming activities and 10 or fewer employees since the June 2011 memo.\u00a0 Given the nearly four decades of Congressional prohibition of OSHA enforcement against farms, this should be a simple request to fulfil.\u00a0\r\nWe would appreciate your response by February 1, 2014, to include a copy of the corrected guidance, the data regarding enforcement actions on farms, and confirmation that OSHA will cease such enforcement.", 1, "2026-03-30T12:14:52Z", "2026-03-30T12:14:52Z"]], "columns": ["url", "title", "date", "year", "month", "party", "chamber", "state", "member_name", "bioguide_id", "domain", "scraper", "source", "date_source", "text", "has_text", "collected_at", "updated_at"], "primary_keys": ["url"], "primary_key_values": ["https://www.enzi.senate.gov/public/index.cfm/news-releases?ContentRecord_id=1463417b-a261-445f-9a63-83a49edc0011"], "units": {}, "query_ms": 0.9004641324281693, "source": "dwillis/congress-press", "source_url": "https://github.com/dwillis/congress-press", "license": "MIT", "license_url": "https://github.com/dwillis/congress-press/blob/main/LICENSE"}