November 6, 1989

MEMORANDUM FOR:     LINDA R. ANKU
                   REGIONAL ADMINISTRATION

THROUGH:            LEO CAREY, DIRECTOR
                   OFFICE OF FIELD PROGRAMS

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

SUBJECT:            Applicability of the Field Sanitation Standard
                   29 CFR 1928.110 to the "REFORESTATION" Industry
                   (SIC 0851)

Initially, we note that, although logging operations are excluded from the standard, this exclusion does not apply to reforestation. In addition to the fact that reforestation is more similar to other agricultural field operations than it is to logging, logging is in a SIC manufacturing classification (SIC 24) while reforestation is part of forestry (SIC 08) which is included in the same main division of the SIC Code as agriculture and fisheries. Further, several courts have determined that employees engaged in reforestation are covered by other remedial legislation for the protection of agricultural workers.

The hand-labor aspect of reforestation, the most common method, involves hand seeding, chopping, burning, spraying, and planting. Hand planting is the most practical means of reforestation, especially on steep slopes, shallow soils, or rough terrain.

Reforestation workers use various fertilizers, chemicals and sprays, do plant thinning and pruning, and undertake prescribed burning. These tasks are performed on a variety of terrains. These workers can be in the field up to eight (8) hours a day, and sometimes longer, in crews ranging from two (2) to thirty (30) or more, and can work either yearly or seasonally. These workers use such hand tools as torches, flame and chemical sprayers, seeding sticks, hose, planting bars, shovels, augers, tubes, tree girdling tools, saws and clippers. Employees engaged in these "hand-labor operations" (as defined in 1928.110(b)(iii)) in reforestation work under the same conditions and face most of the hazards addressed by the field sanitation standard. Thus, these employees require the protections of that standard.

Aerial spraying of chemicals and seeds and the use of various tractors are other common means used in reforestation. Workers engaged in means are not involved in "hand-labor operation," and these are not covered by the standard. To the extent that these employees are not engaged in "hand-labor operations," their employers are not subject the field sanitation requirements.