Agricultural Personnel Management Program
University of California
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Restriction of Hand Work
in a Stooped, Kneeling or Squatting Position

California now generally prohibits weeding, thinning and hot-capping by hand in a stooped, kneeling, or squatting position.  Specific exceptions, however, apply to such hand work when performed (1) on an intermittant or occasional basis (less than 20% of a work week), (2) on seedlings, (3) on high-density plants, less than 2 inches apart when planted, (4) on plants grown without pesticides, (5) on horticultural commodities grown in tubs or planters that make alternatives unsuitable, and (6) in situations where the employer can show that no reasonable, readily available alternative exists.

The California Occupational Safety and Health Standards Board (OSHSB) adopted a regulatory amendment (pdf download) with these provision on an emergency basis in September 2004.  The rule took effect October 7, 2004 and will expire February 5, 2005.  A rulemaking process to adopt it as a permanent standard is under way, with a public hearing held on November 18, 2004.   A Cal/OSHA web page provides access to the Notice of proposed changes, the revised standard itself, and the initial statement of reasons supporting the change.

The use of short-handled tools for weeding, thinning or hot-capping while stooped, kneeling or squatting has been prohibited in California since 1978 by an administrative regulation, Title 8, CCR, Sec. 3456.  Legislation that would have extended this ban to include hand work (i.e., using no tools) in these activities was introduced in 1995,  2001, and 2003 but not enacted.   The 2001 proposal, AB 567 (Koretz), was withdrawn in 2002 at the Governor's request that interested parties try to address their objectives through regulation instead of legislation.  Responding to a petition by three labor advocacy organizations to amend Sec. 3456, the Occupational Safety and Health Standards Board (CA Department of Industrial Relations) convened an advisory committee that first met in February 2003 and formed a subcommittee for further work toward a regulatory revision that would be acceptable to both labor and employer groups.

The 2003 legislative proposal, SB 534 (Romero), was introduced while the OSHSB advisory subcommittee work was ongoing. This bill failed passage (29-36-17) by the Assembly on September 11, 2003, was placed on inactive file for possible reconsideration during the continued Legislative session in 2004, and ultimately died on file November 30, 2004.  The final subcommittee meeting, in January 2004, ended with key issues still unresolved, but continuing discussions between labor and employer group representatives yielded a consensus proposal in June 2004 to amend sec. 3456.  It is this proposal that the OSHSB adopted virtually as is in September.  While the exceptions it specifies will allow for work that can be appropriately performed only by hand, the new rule is expected to stimulate more consideration of how to adapt available long-handled tools and develop new ones that would provide reasonable alternatives to handwork.

Available documents from advisory committee meetings, chaired by Cal/OSHA Senior Industrial Hygienist Tom Mitchell, present in detail many considerations regarding worker safety and agricultural production practicalities.  Committee meeting minutes, draft regulatory proposals, and the legislative proposals are available from links below. 

Cal/OSHA Rulemaking  

  • Committee meeting - February 6, 2003 - presentation by labor representatives
  • Subcommittee meeting - March 24, 2003 - presentation by grower representatives
  • Subcommittee meeting - June 20, 2003
  • Discussion draft of proposed revision to §3456 - June 20, 2003 (pdf file)
  • Subcommittee meeting - August 1, 2003
  • Discussion draft #2 of proposed revision to §3456 - August 1, 2003 (pdf file)
  • Discussion draft #3 of proposed revision to §3456 - August 2, 2003 (pdf file)
  • Subcommittee meeting - August 22, 2003
  • Discussion draft #4 of proposed revision to §3456 - August 22, 2003 (pdf file)
  • Subcommittee meeting - August 29, 2003
  • Subcommittee meeting - Janueary 16, 2004
  • Consensus proposed revision of §3456
  • Regulatory revision approved on emergency basis - effective October 7, 2004 
    • Legislative Proposals 
  • AB 567 - introduced in 2001, withdrawn in 2002
  • SB 534 - amended July 2003 to restrict hand work; died on file Nov 2004
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