R614-3-2. Scope and Definitions

A. This rule contains Occupational Safety and Health Standards applicable to farming operations, for farms employing eleven (11) or more employees during any part of a year or maintain a labor camp. Family members of farm employers shall not be regarded as employees when making the determination as to number.

B. General Definitions

1. "Act" means the Utah Occupational Safety and Health Act of 1973.

2. "Administration" means the Division of Occupational Safety and Health of the Labor Commission, also known as UOSH (Utah Occupational Safety and Health).

3. "Administrator" means the director of the Division of Occupational Safety and Health.

4. "Commission" means the Labor Comission.

5. "Employee" includes any person suffered or permitted to work by an employer.

6. "Employer" means:

a. The state;

b. Each county, city, town, and school district in the state; and

c. Every person, firm, and private corporation, including public utilities, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire.

C. Farming Definitions

1. "Agricultural tractor" means any vehicle, of more than 20 engine horsepower, designed to furnish the power to pull, carry, propel, or drive farm implements. All self propelled implements are excluded.

2. "Confined Space" means an open topped space more than four feet deep, or an enclosed space, such as a tank, vessel, silo, vault, pit, that is not designed for continuous employee occupancy, and: (1) contains an actual or potentially hazardous atmosphere or other safety or health hazard; (2) makes ready escape difficult; or (3) restricts entry for rescue purposes.

3. "Farmfield equipment" means tractors or implements, including self propelled implements, or any combination thereof used in agricultural operations.

4. "Farming operation" is defined as any operation involved in the growing or harvesting of crops, the raising of livestock or poultry, or similar activities conducted by a farmer on sites such as farms, ranches, orchards, dairy farms or similar farming operations.

5. "Farmstead equipment" means agricultural equipment normally used in a stationary manner. This includes, but is not limited to, materials handling equipment and accessories for such equipment whether or not the equipment is an integral part of a building.

6. "Ground driven components" are components which are powered by the turning motion of a wheel as the equipment travels over the ground.

7. "Guard" or "Shield" is a barrier designed to protect against employee contact with a hazard created by a moving machinery part.

8. "Hand labor operations" means agricultural activities or operations performed by hand or with hand tools. Some examples of "hand labor operations" are the hand harvest of vegetables, nuts, and fruit, hand weeding of crops and hand planting of seedlings. "Hand labor" does not include such activities as logging operations, the care or feeding of livestock, or hand labor operations in canning facilities or packing houses.

9. "Handwashing facility" means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap and single use towels.

10."Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

11."Labor camp" is defined as farm housing directly related to the seasonal or temporary employment of migrant farm workers. In this context, "housing" includes both permanent and temporary structures under the control of the employer, located on or off the property and that is provided as a condition of employment.

12. "Low profile tractor" means a wheeled tractor possessing the following characteristics: (1) the front wheel spacing is equal to the rear wheel spacing; (2) the clearance from the bottom of the tractor chassis to the ground does not exceed 18 inches; (3) the highest point of the hood does not exceed 60 inches; and (4) the tractor is designed so that the operator straddles the transmission when seated.

13. "Potable water" means water that meets the standards for drinking purposes by the state or local authority having jurisdiction or water that meets the quality standards prescribed by the Bureau of Public Water Supplies, Utah Department of Health.

14. "Power take off shafts" are the shafts and knuckles between the tractor, or other power source, and the first gear set, pulley, sprocket, or other components on power take off shaft driven equipment.

15. "Service building" shall mean a building housing toilets, lavatories, bathing facilities, a service sink, and may also include laundry and such other facilities as may be required.

16. "Toilet facility" means a facility designed for the purpose of both defecation and urination, including biological or chemical toilets, combustion toilets, or sanitary privies, which is supplied with toilet paper adequate to employee needs. Toilet facilities may be either fixed or portable.

17. "Wastewater" shall mean discharges from all plumbing facilities, such as restrooms, kitchen, and laundry fixtures, either separately or in combination.