OCCUPATIONAL SAFETY AND HEALTH
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.
October 30, 2001