February 6, 1989

MEMORANDUM FOR: BYRON R. CHADWICK
               REGIONAL ADMINISTRATOR

THROUGH:        LEO CAREY, DIRECTOR
               OFFICE OF FIELD PROGRAMS

FROM:           THOMAS J. SHEPICH, DIRECTOR
               DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT:        Interpretation of 29 CFR 1928.110(a)

1. "Field Worker" is defined for the purpose of compliance with the Field Sanitation standard, as an employee of an agricultural employer who is engaged on any given day in hand-labor operations in the field.

2. The time span used to determine the number of employees controlled by the employer shall be the single highest number employed at any one time over the past 12 months.

3. Count only those employees who fall within the definition of "Hand-Labor Operations". Particular attention should be given to the excluded field or field-related activities when counting covered employees, as defined at 29 CFR 1928.110(a)(iii).

4. The number of employees is not a collective or cumulative count.

5. At least eleven (11) or more employees have to be working in the field on the day of the opening conference or eleven or more must have been employed at work covered within the scope of the standard on any single day, within the past twelve (12) months.

MEMORANDUM FOR: DAVE SMITH, Director
               Office of Health Compliance Assistance

THROUGH:        LEO CAREY, Director
               Office of Field Programs

FROM:           BYRON R. CHADWICK
               Regional Administrator VIII

SUBJECT:        Interpretation of 29 CFR 1928.110(a) SCOPE
               FIELD SANITATION

MEMORANDUM FOR: DAVE SMITH, Director
               Office of Health Compliance Assistance

THROUGH:        LEO CAREY, Director
               Office of Field Programs

FROM:           BYRON R. CHADWICK
               Regional Administrator VIII

SUBJECT:        Interpretation of 29 CFR 1928.110(a) SCOPE
               FIELD SANITATION

The term "field worker" has been used in Fact Sheet No. OSHA-87-25 but has not been defined. If "field worker" is to be the same as "hand labor operations" employee please so state.

To assure that all Regions and Area Office personnel understand and transmit the same interpretation of the Field Sanitation Scope, please outline OSHA's meaning of the scope so as to include at least the following:

1) What time span is used when establishing the number of employees controlled by the employer;

2) When establishing the number of employees are all employees involved in farm operations counted or is the count limited to just hand labor operation employees in the field(s);

3) Is the number of employees a collective count or is it limited to the number of employees on any single day;

4) On the day of the opening comference, how many hand labor operation employees have to be in the field(s) working to continue the inspection.

A prompt reply is needed to correct, if needed, information given in speeches, etc. and to provide correct inspection procedures.

If you have any questions on this request please contact Ethan Scott on my staff.