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Standard Number:
March 16, 1984
MEMORANDUM FOR: | RUSSELL B. SWANSON REGIONAL ADMINISTRATOR |
FROM: | JOHN B. MILES, JR., DIRECTOR DIRECTORATE OF FIELD OPERATIONS |
SUBJECT: | Request for Opinions of Federal Enforcement Activities Relating to the Use of Short-Handled Hoes |
This is in response to your memorandum dated February 13, subject as above.
A review of available records on 5(a)(1) citations has not revealed any of this nature in Federal enforcement activities. In addition, we have little if any data relating to short-handled hoes, such as case files, injury experience, workers' compensation data, ergonomic data, etc. We also note that Federal enforcement activities related to this subject can be classified as very minimal, in view of the fact the majority of the areas of the country involved are in State plan States. Nor is there any standard development contemplated.
Under 11(c), an employee would be protected in complaining about back problems attendant to using a short hoe. However, it is unlikely the employee would be protected in refusing to use the hoe because no real danger of death and serious injury could be shown. The employee, no doubt, would have to seek a remedy through regular statutory enforcement channels.
In the absence of any substantiating information upon which to base a response, we are of the opinion any action in this regard is a matter for regional decision. When Federal OSHA has the authority to conduct an inspection in this area, such as may be the case with certain Indian reservations, a determination of the classification of a violation would be made following the guidelines in Chapter IV of the FOM and in consultation with the Regional Solicitor.