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Department of Labor and Workforce Development
 
Labor Standards And Safety Division

State Plan Coverage And Industry Sectors - Chapter 4

State Plan Coverage

The Alaska State Plan covers all private sector places of employment in the state with the following exceptions:

  1. Maritime employment, including shipyard employment, marine terminals, and longshoring;
  2. Worksites located on navigable waters, including artificial islands;
  3. Native American health care facilities that are federally owned and contractor-operated, including those owned by the U.S. Department of the Interior Indian Health Service, the U.S. Department of Defense, or the U.S. Department of Commerce National Oceanic and Atmospheric Administration, and operated by tribal organizations under contract with the Indian Health Service;
  4. Operations of employers within the Metlakatla Indian Community on the Annette Islands, except state school district workers;
  5. Operations of employers within Denali National Park;
  6. Operations of contractors at Cape Lisburne Air Force Station, Point Lay Air Force Distant Early Warning Station, Eareckson Air Station on Shemya Island, Fort Greeley in Delta Junction, the U.S. Coast Guard Integrated Support Commands in Kodiak and Ketchikan, the U.S. Coast Guard Air Station in Sitka, and the U.S. Coast Guard 17th District Command in Juneau;
  7. Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
  8. The enforcement of the field sanitation standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps standard, 29 CFR 1910.142, with respect to any agricultural establishment where workers are engaged in "agricultural employment" within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 USC 1802(3) regardless of the number of workers including workers engaged in hand packing of produce into containers (whether done on the ground, on a moving machine, or in a temporary packing shed), except Alaska retains enforcement responsibility over agricultural temporary labor camps for workers engaged in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural commodities; and
  9. All aircraft cabin crewmembers working conditions on board aircraft in operation.
  10. AKOSH also covers state and local government workers. It does not apply to federal government employers, including the United States Postal Service.
  11. Federal OSHA covers the issues not covered by the Alaska State Plan. The Wage and Hour Division of the U.S. Department of Labor covers the agricultural issues not covered by the Alaska State Plan. In addition, federal OSHA retains enforcement authority over the anti-retaliation provisions outside the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), in the private sector. AKOSH also investigates private and state and local government retaliation cases under a provision analogous to Section 11(c).

Construction.

Introduction

Construction work is "work for construction, alteration, and/or repair, including painting and decorating." 29 C.F.R. 1910.12(b) and 29 C.F.R. 1926.32(g). Section 1910.12(a) further provides that OSHA's construction industry standards apply "to every employment and place of employment of every employee engaged in construction work."

Standards.

AKOSH has adopted OSHA's construction standards, which are contained in 29 C.F.R. 1926.

General Industry Introduction.

General Industry refers to all industries not included in agriculture, construction, or maritime activities.

Standards.

AKOSH has adopted OSHAs General Industry standards, which are contained in 29 C.F.R. 1910.

Agriculture.

Introduction.

Special situations arising in the agriculture industry, which is regulated under 29 CFR Part 1928 (8 AAC 61.1010(d)) and the General Duty Clause, are discussed in this section. Part 1928 covers agricultural operations, which include, but are not limited to, egg farms, poultry farms, livestock, grain and feed lot operations, dairy farms, horse farms, hog farms, fish farms, and fur-bearing animal farms. OSHA has very few standards that are applicable to this industry. Part 1928 sets forth a few standards in full and lists particular Part 1910 standards that apply to agricultural operations. Part 1910 standards not listed do not apply. The General Duty Clause may be used to address hazards not covered by these standards.

Definitions.

Agricultural Operations.

This term is not defined in 29 CFR Part 1928. Generally, agricultural operations include activities involved in the growing and harvesting of crops, plants, vines, and fruit trees; the production of eggs; the raising of livestock (including poultry and fish); and the production of livestock products. The Occupational Safety and Health Review Commission has ruled that activities integrally related to these core agricultural operations are also included within that term. Darragh Company, 9 BNA OSHC 1205, (Nos. 77-2555, 77-3074, and 77-3075, 1980) (delivery of feed to chicken farmer by integrator of poultry products is agricultural operation); Marion Stevens dba Chapman & Stephens Company, 5 BNA OSHC 1395 (No.13535, 1977) (removal of pipe to maintain irrigation system in citrus grove is agricultural operation). Post-harvest activities not on a farm, such as receiving, cleaning, sorting, sizing, weighing, inspecting, stacking, packaging, and shipping produce, are not agricultural operations. J. C. Watson Company, 22 BNA OSHC 1235 (Nos. 05-0175 and 05-0176, 2008).

Agricultural Employee.

OSHA regulation 29 CFR 1975.4(b)(2) states that members of the immediate family of the farm employer are not regarded as employees. Although AKOSH has not formally adopted this standard, AKOSH will utilize this regulatory standard as guidance.

Farming Operation.

This term is used in OSHAs Appropriations Act and has been defined to mean any operation involved in the growing or harvesting of crops, the raising of livestock, or poultry, or related activities conducted by a farmer on farms, ranches, orchards, dairy farms, or similar farming operations.

These are employers engaged in businesses that have a two digit Standard Industrial Classification (SIC) of 01 and three digit North American Industry Classification System (NAICS) of 111 (Agricultural Production - Crops); SIC 02 and NAICS 112 (Agricultural Production - Livestock and Animal Specialties); four digit SIC 0711 and six digit NAICS 115112 (Soil Preparation Services); SIC 0721 and NAICS 115112 (Crop Planting, Cultivating, and Protecting); SIC 0722 and NAICS 115113 (Crop Harvesting, Primarily by Machine); SIC 0761 and NAICS 115115 (Farm Labor Contractors and Crew Leaders); and SIC 0762 and NAICS 115116 (Farm Management Services).

Post-Harvesting Processing.

This term refers to enforcement guidance for small farming operations. Generally, post-harvest processing can be thought of as changing the product's character (canning, making cider or sauces, etc.) or as a higher level of packaging, as opposed to field sorting in a shed for size.

Appropriations Act Exemptions for Farming Operations.

Exempt Farming Operations.

AKOSH is limited by provisions in the OSHA Appropriations Act as to which employers it may inspect. Some of the Appropriations Act exemptions and limitations apply to small farming operations. Specifically, AKOSH shall not inspect farming operations with 10 or fewer employees and no temporary labor camp (TLC) activity within the prior 12 months.

Non-Exempt Farming Operations.

A farming operation with 10 or fewer employees that maintains a temporary labor camp or has maintained a temporary labor camp within the last twelve months is not exempt from inspection.

State Plans States.

AKOSH may engage in Enforcement or Consultation activities at small farms, provided that 100% of the funds are state funds and the state has an accounting system to ensure that no federal or matching state funds are expended on these activities. The Director of Labor Standards and Safety shall be consulted before conducting enforcement activity on a small farm.

Enforcement Guidance for Small Farming Operations.

OSHAs Appropriations Act exempts qualifying small farming operations from the enforcement or administration of all rules, regulations, standards, or orders under the Occupational Safety and Health Act, including rules affecting consultation and technical assistance or education and training services.

Table 4-1 provides an at-a-glance reference to AKOSH activities under its funding legislation.

Table 4-1: OSHAs Appropriation Act Exemptions for Farming Operations

OSHA Activity

Farming operations with 10 or fewer employees (EEs) and no TLC activity within 1 year.

Farming operations with more than 10 EEs or a farming operation with an active TLC within 1 year.

Programmed Safety Inspections

Not Permitted

Permitted

Programmed Health Inspections

Not Permitted

Permitted

Employee Complaint

Not Permitted

Permitted

Fatality and/or two or more Hospitalizations

Not Permitted

Permitted

Imminent Danger

Not Permitted

Permitted

11(c) (whistleblower investigation)

Not Permitted

Permitted

Consultation & Technical Assistance

Not Permitted

Permitted

Education & Training

Not Permitted

Permitted

Conduct Surveys & Studies

Not Permitted

Permitted

NOTE: See the most current Enforcement Exemptions and Limitations under the Appropriations Act for additional information.

Standards Applicable to Agriculture.

OSHA has very few standards that apply to employers engaged in agricultural operations. All activities after harvesting are considered general industry operations and are therefore covered by OSHAs general industry standards.

  1. Agricultural Standards (Part 1928).
    1. Roll-Over Protective Structures (ROPS) for Tractors (29 CFR 1928.51, 1928.52, and 1928.53).
    2. Guarding of Moving Machinery Parts of Farm Field Equipment, Farmstead Equipment, and Cotton Gins (29 CFR 1928.57).
    3. Field Sanitation (29 CFR 1928.110). See Paragraph I.F. of this chapter, Wage & Hour/OSHA Shared Authority under Secretarys Order, regarding Wage & Hour authority. AKOSH has no authority to issue any citations under this standard.
  2. General Industry Standards (Part 1910).
    1. Temporary Labor Camps (29 CFR 1910.142 and 8 AAC 61.1040). See Chapter 12, Section II, Temporary Labor Camps.
    2. Storage and Handling of Anhydrous Ammonia (29 CFR 1910.111(a) and (b)).
    3. Logging Operations (29 CFR 1910.266 and 8 AAC 61.1060).
    4. Specifications for Accident Prevention Signs and Tags Slow-Moving Vehicle Emblem (29 CFR 1910.145(d)(10)).
    5. Hazard Communication (29 CFR 1910.1200 and 8 AAC 61.1110).
    6. Cadmium (29 CFR 1910.1027).
    7. Retention of Department of Transportation Markings, Placards and Labels (29 CFR 1910.1201). Except to the extent specified above, the standards contained in subparts B through T and subpart Z of Part 1910 of Title 29 do not apply to agricultural operations.
  3. General Duty Clause.
    • As in any situation where no standard is applicable, AS 18.60.075(a)(4) may be used; all the elements for a general duty clause citation must be met. See Chapter 8, Section III, General Duty Clause.

Pesticides.

Coverage.

  1. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Environmental Protection Agency (EPA) has jurisdiction over employee protection relating to pesticides (which also includes herbicides, fungicides, and rodenticides). The EPA Worker Protection Standard (WPS) protects employees on farms, forests, nurseries, and greenhouses from occupational exposure to agricultural pesticides. The WPS includes provisions for personal protective equipment, labeling, employee notification, safety training, safety posters, decontamination supplies, emergency assistance, and restricted field entry. See 40 CFR Part 170, Worker Protection Standard.
  2. The regulation covers two types of employees:
    • Pesticide Handlers. Those who mix, load, or apply agricultural pesticides; clean or repair pesticide application equipment; or assist with applying pesticides in any way.
    • Agricultural Workers. Those who perform tasks related to the cultivation and harvesting of plants on farms or in greenhouses, nurseries, or forests, such as carrying nursery stock, repotting plants, or watering, are related to the production of agricultural plants on an agricultural establishment.
  3. For all pesticide use, including uses not covered by 40 CFR Part 170, it violates FIFRA to use a registered pesticide in a manner inconsistent with its labeling. Thus, AKOSH has no authority to issue citations for pesticide exposures. If a CSHO encounters any cases of pesticide exposure or containers without an appropriate pesticide label, a referral shall be made to the local EPA office or to state agencies that administer pesticide laws.
  4. The EPA also has jurisdiction in non-agricultural situations where pest control companies apply pesticides. This would include, but not be limited to, applications in and around factories, warehouses, office buildings, and personal residences. AKOSH may not cite its Hazard Communication standard in such situations.

AKOSHs Hazard Communication Standard.

Although AKOSH will not cite employers covered under EPAs WPS regarding hazard communication requirements for pesticides, agricultural employers otherwise covered by AKOSH are still responsible for having a hazard communication program for all hazardous chemicals that are not considered pesticides.

last updated: February 3, 2026