EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Lone Pine Nurseries - DAR

Employer, a nursery operator, was cited for a field sanitation order violation, section 3457. Employees were watering, etc, trees and shrubs outdoors. This was an "agricultural operation" as defined in section 3437. There was no evidence that the nursery employees were engaged in a "hand-labor operation" -- there was no use of hand tools. "Watering" and "rotating" plants was not specific enough to support the hand-labor inference. (section 3457(b)) Section 3457(c) applies only to agricultural hand-labor operations so items alleging violations of subparts of 3457(c) were dismissed. A violation of section 3439(a)--first-aid materials for agricultural operations was upheld; it applies to all agricultural establishments even though hand-labor is not performed.

LONE PINE NURSERIES 00-2817
October 30, 2001