Clarification of the classification of the aquaculture industries for OSHA enforcement purposes.

Standard Number: 1928

September 28, l982

George S. Lockwood, Chairman
California Aquaculture Association
P. O. Box 110
Monterey, California 93942

Dear Mr. Lockwood:

This is in response to your requests for a clarification of the classification of the aquaculture industries for OSHA enforcement purposes. Please accept my apology for the delay in our reply.

The classification of aquaculture industry operations depends upon their nature. Operations that are clearly part of the controlled growing and harvesting of fish, shellfish, and plants in fresh, brackish, and marine waters are covered by the OSHA standards for agriculture, 29 CFR 1928. Any operations that are not uniquely agricultural and not part of the controlled growing and harvesting of fish, shellfish, and plants--e.g., the processing of harvested fish--would be covered by OSHA's general industry standards.

Thus, diving operations directly related to activities involving the controlled growing and harvesting of fish, shellfish, and plants are considered agricultural operations. Other types of diving activities--e.g., for the purpose of inspecting and maintaining underwater piping equipment--are covered by OSHA's general industry standards.

Thank you for bringing the California Aquaculture Association's concerns to our attention. Should you have any further requests or comments, please do not hesitate to contact me again.

Sincerely,

Mark D. Cowan
Deputy Assistant Secretary