OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

June 3, 1993

Greg W. Richey, CIH, CSP
Program Consultant
Galson Corporation
6601 Kirkville Road E.
Syracuse, NY 13057

Dear Mr. Richey:

This is a further response to your letter of March 16, and to the additional information you provided during the April 12, telephone conversation with Mr. James C. Dillard, of my staff, in which you requested an interpretation of whether industries involved in the storage, cleaning, sizing, shelling, grading, and packaging of peanuts are covered under the Occupational Safety and Health Administration's (OSHA's) 29 CFR Part 1910, General Industry standards or 29 CFR Part 1928, Agriculture standards. If these industries are covered under the General Industry standards, you requested clarification on whether they are subject to the Grain Handling standard at 1910.272.

Grain elevators onsite which receive, handle, store, and ship (including transfer to another part of the facility) bulk raw agricultural commodities, which may be part of your mills, are covered by the 1910.272 standard. The peanut mills, themselves, are not covered by 1910.272. The 29 CFR 1928 Agricultural standard would not apply to these facilities since they are not engaged in the production of crops or livestock.

If we can be of further assistance, please feel free to contact Mr. James C. Dillard, of my staff, at (202) 219-8031.

Sincerely,



Raymond E. Donnelly, Director
Office of General Industry Compliance
Assistance



April 14, 1993

Mr. Greg W. Richey, CIH, CSP
Program Consultant
Galson Corporation
6601 Kirkville Road E.
Syracuse, NY 13057

Dear Mr. Richey:

This is an interim response to your letter of March 16, requesting an interpretation of whether industries involved in the storage, cleaning, sizing, shelling, grading, and packaging of peanuts are covered under 29 CFR Part 1910, General Industry, or 29 CFR Part 1928, Agriculture. Thank you for the additional information you provided during the April 12, telephone conversation with Mr. James C. Dillard, of my staff.

This additional information will be reviewed along with your request. A response time of no more than 120 days is anticipated.

Sincerely,



Roger A. Clark, Director
Directorate of Compliance Programs



March 16, 1993

Mr. Roger A. Clark
Directorate of Compliance Programming
United States Department of Labor, Room N-3468
Occupational Safety and Health
Administration
200 Constitution Avenue, N.W.
Washington, DC 20210

Re: Regulatory Interpretation, Standards Regulating Peanut Shellers

Dear Mr. Clark:

This is to request a written interpretation as to which Part of the OSHA regulations applies to mills involved in peanut hulling and shelling (SIC 0723), specifically whether they are covered under Part 1910, General Industry, or Part 1928, Agriculture.

Typically, these mills are separate and apart in terms of location and ownership from peanut farms. They purchase peanuts from a variety of farmers; they clean, size, shell, grade, store, and package peanuts for sale as a food product, to roasters, to peanut butter manufacturers, to peanut oil manufacturers and as seed. They are at fixed locations and use primarily stationary equipment. They typically employ 25 to 75 workers, a number that fluctuates seasonally.

Also, if covered under Part 1910, are peanut shelling mills considered grain handling facilities to which Section 1910.272 applies?

Please contact me by phone at (315) 432-0506, extension 177, if you need any additional details in responding to this request. Thank you for your prompt consideration of this matter.

Sincerely,

Galson Corporation



Greg W. Richey, CIH, CSP
Program Consultant