Under Sections 311 and 312, must a farmer report the fertilizers, pesticides, and other chemical substances he uses to protect his crops?
Farming operations/farming facilities are subject to OSHA HCS (August 24, 1987). Even if a farming operation is covered under Sections 311 and 312, many of the substances may still be exempt from most reporting requirements. Under Section 311(e)(5), any substance - when used in routine agricultural operations - is exempt from reporting under Section 311 and 312. This exemption is designed to eliminate the reporting of fertilizers, pesticides, and other chemicals when stored, applied, or otherwise used at the farm facility as part of routine agricultural activities. This exemption would also include the use of gasoline and diesel to run farm machinery and also paint to maintain equipment. Thus, the storage and use of a pesticide or fertilizer on a farm would be considered the use of a chemical in routine agricultural operations and is, therefore, exempt under Sections 311 and 312.