Cultivator : an informational bulletin of the Agricultural Safety and Health Division

              November 2011 Volume 32
In the U.S., 26 workers were killed in grain entrapments in 2010,
and the numbers of entrapments are increasing, according to
researchers at Purdue University. There were more grain entrapments
in 2010 than in any year since Purdue researchers started collecting
data on entrapments in 1978, according to the report.
Farm work is dangerous. Statistics show that most farm accidents
happen when farmers and workers are in a hurry; working without
safety devices; fatigued from working long hours; or complacent or
overconfident, ignoring potential hazards. Solutions? Advanced
planning, regular training and proper equipment are keys to farm
safety. As for grain entrapments, specific measures are necessary.
The true story below examines a grain bin entrapment case here
in North Carolina.
Source:www.extension.entm.purdue.edu/grainlab/content/pdf/2010GrainEntrapments.pdf
Homeland Creamery is a dairy business run by brothers
Chris and David Bowman and their families in Julian, N.C.
Both brothers work on the farm, and Chris is an emergency
medical technician (EMT). The Bowmans milk 180 Holstein,
Jersey and crossbred dairy cattle and bottle and sell their
own milk, butter and ice cream through a farm store and
more than three dozen retail outlets across the state.
The brothers made the switch from selling commodity
milk through a marketing cooperative to on-farm processing
and direct consumer sales in October 2002. Currently they
process and sell all the milk they produce on the farm
through their creamery. Between the farm and the creamery,
the Bowmans employ 20 workers. Six are family members.
“I’ve been fortunate enough to know and work with the
Bowman family for over a decade now,” Guilford County
extension agent Marti Day said, “and have always been
impressed with their creativity and inventiveness, their sense
of community, the desire to do the right thing, their tireless
work ethic and eagerness to learn and take on new things.
The people who work on their farm become more than
employees—they are more like extended family.”
Near-Fatal Event
On April 7, 2011, at about 5 p.m., Chris Bowman and four
farm employees went to a neighboring farm to load a semi-trailer
with barley to sell. The barley was stored in a grain bin
that was 16 feet tall, excluding the cone and under-bin portion,
with a capacity of 3,300 bushels. On this day, the grain bin
contained 2,500 bushels of barley. Chris went inside the
grain bin while the auger was running, because the grain had
been clogging at the inlet of the auger instead of flowing
smoothly out of the bin into the truck.
To get the grain flowing smoothly again, Chris poked
through the grain using a steel pipe onto which he had welded
a hook. This was his safety device, his only safety device.
The hook was designed to latch onto a ring at the top of the
bin in the event of sinking. Chris had used this same “safety
hook” to prevent himself from sinking—entrapment—
many times in the past.
Of the three other workers, two were standing outside the
bin and one was standing on the ladder at the top of the bin
working as a spotter. The spotter’s job was to keep an eye on
the person in the bin. In the event of a problem, the spotter
would alert those on the ground to shut off the auger.
The evening was hot. After a half hour or so, Chris needed
a break. He switched places with the spotter, Willie, and left
the bin. Willie, now inside the grain bin, took the safety hook
and began to work the grain. Willie, age 19, had never entered
a grain bin before. Reuben, Willie’s younger brother, took
Willie’s place as the spotter. Shortly after switching places,
Chris heard Reuben yell “Shut off the auger!”
Chris climbed back to the top of the bin and saw Willie buried
in the grain up to his nose. In the time it took for Chris to get to
his cell phone, place the call for emergency help, and get back
in to the bin, Willie had totally disappeared under the grain.
Chris, Rueben Jr. and Willie’s father, Rueben Sr., all
entered the bin and dug in the grain to get Willie’s head back
above the level of the barley while the other farm employee
retrieved Chris’s EMT bag with oxygen. Chris administered
the oxygen to Willie as soon as his head was above the grain.
Willie’s brother and father continued to dig away the grain
to prevent Willie from being crushed. Seventeen minutes
later, fire and rescue personnel from five different stations
were on the scene. Some of the rescue workers were in the
process of training to handle farm accidents. They quickly set to
work cutting holes in the bin to release the grain and lower
the level so that Willie could be released from the grain.
Even with the barley down to the level of his waist, rescue
workers could still not pull Willie clear of the grain. Fifteen
firemen with grain scoops hurried into the bin and finished
removing enough barley so Willie could be released. Willie
and his brother were both flight lifted to UNC Hospital in
Chapel Hill. Both workers were released from the hospital
with no injuries and returned to work two days after the incident.
Chris was treated for dust inhalation.
Investigative Findings The Day of the Grain Bin Accident:
1. Workers entered the bin without a safety tether.
2. Workers entered the bin with the grain auger running.
3. There was no electrical lockout on the switch outside
the bin.
4. There were no signs restricting entrance to the bin.
Grain Bin Disaster Avoided Inside This Edition
«Housing Safety DVD
«Agricultural Worker
Protection Act
«Legislature Passes
E-Verify Law
continued on page 4
Cherie Berry
Commissioner of Labor
Agricultural Safety
and Health Bureau
Regina Cullen
Bureau Chief
1101 Mail Service Center
Raleigh, NC 27699-1101
1-800-NC-LABOR
(1-800-625-2267)
www.nclabor.com
Stay in touch with today’s
workplace issues.
Sign up to receive a free subscription
to the NC Labor Ledger at
www.nclabor.com/news/ledger.htm
N.C. Department of Labor
Gold Star Grower
The Agricultural Safety and Health Bureau (ASH) is revisiting an
issue familiar to many farm owners and their employees. The bureau,
with the help of Gold Star Growers and their employees, is creating a
DVD to address migrant housing requirements.
The DVD, entitled Housing Safety, is expected to be completed this
fall and will discuss housing standards, proper housekeeping for the
kitchen, washroom and living areas, as well as tips to prevent fires and
food-borne illnesses. Interviews with N.C. Gold Star Growers and
farmworkers will be shown throughout the DVD to illustrate specific
standards or ways a grower may have exceeded the standard.
A common problem observed by ASH inspectors is that farmworkers
store their food improperly which, in turn, attracts insects and rodents. It
also increases the risk of food-borne illness. The DVD provides information
about how to keep food fresh longer by wrapping it up or putting it in
containers in the refrigerator.
This video is unique because it was filmed based on the idea of
farmworkers informing farmworkers. Ken Ellzey, who filmed the
Department of Labor’s Making Safety a Priority, Regina Cullen, ASH
bureau chief, and Allie Weller, intern, used interviews from Gold Star
Growers and their farmworkers who have demonstrated superior clean-liness
and responsibility in housing safety as a basis for the content on
the DVD. According to Ellzey, it is hard to say what the impact of the
DVD will be.
“In one sense it lets migrant workers know they have an advocate
in North Carolina state government, in that the Agricultural Safety and
Health Bureau of the N.C. Department of Labor is concerned about
their living and work safety conditions, and the state has enacted regulations
to protect them,” Ellzey said. “Its main purpose, however, is to inform and
remind growers of their responsibilities in regards to migrant worker
housing.”
Jimmy Hill, a Gold Star Grower and owner of Tull Hill Farms,
introduced a few of his farmworkers to the film crew. The workers
gave a tour of their housing, explaining the advantages to certain
aspects of the facility. The housing facilities, built in 2007, were well
maintained and overall were exemplary. The workers explained in
detail the cleaning, cooking and laundry schedule that they had created
so as to maintain the facilities in a safe, clean and sanitary condition.
When asked about the qualities they thought were important in a house
or a home, farmworkers mentioned cleanliness, air conditioning, having
all the individuals who live there share responsibilities, having all things
in good repair, and the absence of cockroaches.
Another important issue discussed on the Housing Safety DVD is
fire safety. Under the Migrant Housing Act, rooms used for sleeping
that open to the outside and have less than 900 square feet of sleeping
area do not need smoke detectors. Every room larger than 900 square
feet where someone sleeps must have a smoke detector. Fire extinguishers
are required in every building used for sleeping and cooking. Multistory
buildings must have a stairway or fire escape.
Although smoke detectors and fire extinguishers are helpful, it is more
important to prevent fires before they ever start. The DVD will address
common fire hazards that have been noted during housing inspections.
Growers can teach farmworkers to avoid certain potentially hazardous
behaviors such as leaving space heaters on when not in the house, falling
asleep with candles burning or with food cooking on the stove, or plugging
in too many electrical appliances into one electrical outlet.
Fire safety in mobile homes is especially important. Various statistical
sources show that while the incidence rate of fires was about the same,
the injury and life hazard and the extent of property damage per incident
were three to five times greater than for conventional residences.
According to an article from the Fire Analysis and Research Division,
cooking is the leading cause of home fires and home fire injuries,
unattended cooking is the leading factor contributing to these fires,
and frying is the leading type of activity associated with cooking fires.
More than half of all cooking fire injuries occurred when people tried
to fight the fire themselves.
Another article, entitled Home Fires Involving Heating Equipment
by John R. Hall Jr., states that heating equipment caused 21 percent of
home fire deaths. Heating equipment ranked second in reported home
fires and home fire deaths and injuries. Portable and fixed space
heaters, including wood stoves, are involved in more fires than central
heat. These fires are also more likely than central heating fires to result
in death.
National fire statistics indicate that fire fatalities in mobile homes are
disproportionately high when compared with those in conventionally
constructed dwellings. The occupancies of mobile homes contribute
to this higher-than-average death rate. In the Agricultural Safety and
Health Bureau, many of our inspections involve mobile homes.
According to the experts, mobile and prefabricated homes are fast,
intense burners. Their lightweight structural members and thin ceiling
and wall coverings provide plenty of high surface area to mass ratio fuel
for rapid fire spread. Inexpensive, thin plywood paneling, common in
many mobile homes, will quickly delaminate and distill flammable
gases that contribute to extremely rapid flashover conditions. (Gustin,
Bill, “Mobile Home Fires, Part 1: Problems and Prefire Planning,”
www.fireengineering.com).
As you prepare to harvest your crops, be mindful of those who labor
with you. Work with them to ensure that they have a safe place to live.
The funding for this DVD was provided by a grant from R.J.
Reynolds Tobacco Co. The company has funded DVDs in the past for
the Department of Labor and has aided in many safety training sessions
alongside ASH.
The DVD will soon be available to the general public for use as an
educational tool. A free copy will be given to growers that are registered
with ASH in addition to the growers working with R.J. Reynolds
Tobacco. Previously, ASH created Healthy Housing: A Shared
Responsibility, Top 4 Farm Hazards: How to Avoid Them, and Making
Safety a Priority.
Bilingual Housing Safety DVD to Be Released
Gold Star Grower Jimmy Hill explains the benefits of having migrant housing
in good condition to ASH summer intern Allie Weller.
q As a registered grower, I would like to receive one free copy
of the Housing Safety DVD!
Please return this form in a stamped envelope to:
N.C. Department of Labor
Agricultural Safety and Health Bureau
1101 Mail Service Center
Raleigh, NC 27699-1101
Name:__________________________________________________________________
Address:________________________________________________________________
City:________________________________ State:______ ZIP:________________
Additional copies may be purchased for $10 each (postage paid).
Make checks payable to N.C. State University and submit your written request to:
Housing Safety DVD
c/o Communication Services
Box 7603 NCSU
Raleigh, NC 27695
If you have any questions or comments, please contact ASH at (919) 807-2923.
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By Jane Ammons Gilchrist
NCDOL General Counsel
The Migrant and Seasonal Agricultural Worker Protection Act
(MSPA) (29 U.S.C. 1801, et seq.) provides employment related pro-tections
to most migrant and seasonal agricultural workers. The Wage
and Hour Division of the U.S. Department of Labor administers and
enforces this act. To determine your responsibilities under the MSPA,
visit the USDOL website to obtain a copy of the MSPA,
www.dol.gov/whd/regs/statutes/0001.mspa.htm; the Employment
Law Guide, www.dol.gov/compliance/guide/mspa.htm; and Fact
Sheet #49, www.dol.gov/whd/regs/compliance/whdfs49.pdf.
The MSPA establishes employment standards related to wages,
housing, transportation, disclosure and recordkeeping. It also requires
both farm labor contractors and their employees hired to perform farm
labor activities to register with the USDOL.
Before engaging the services of a farm labor contractor, agricultural
employers or associations must take reasonable steps to ensure that
the contractor has a USDOL certification or registration that is valid
for the services to be performed. A farm labor contractor must be
specifically authorized to provide housing and/or transportation to
migrant or seasonal agricultural workers prior to providing the housing
or transportation. A list of registered farm labor contractors can be
found at www.dol.gov/whd/regs/statutes/FLCList.htm. Or call the USDOL
Wage and Hour Division at 1-866-4US-WAGE (1-866-487-9243) to
determine the validity and scope of a farm labor contractor certification.
Under certain circumstances, the USDOL may determine that an
agricultural employer or association that uses a farm labor contractor
is a joint employer of the agricultural workers provided by the farm
labor contractor. If it is determined that a joint employment situation
exists, the agricultural employer or association is equally responsible
with the farm labor contractor for compliance with employment related
MSPA obligations, such as the proper payment of wages. For more
information on joint employment and the MSPA, review USDOL Fact
Sheet #35, which is available at www.dol.gov/whd/regs/compliance/
whdfs35.htm.
Farm labor contractors, agricultural employers and agricultural
associations who are subject to the MSPA and that employ any migrant
or seasonal agricultural workers are required to post a poster explaining
the rights and protections for workers covered by the MSPA. The
poster must be conspicuously posted at each place of employment. Copies
of the poster are available in English and Spanish at the USDOL website:
www.dol.gov/whd/regs/compliance/posters/mspaensp.htm.
If you have any questions about the MSPA and its application to a
particular agricultural employer or association, contact the USDOL
Wage and Hour Division at 1-866-4US-WAGE (1-866-487-9243).
Migrant and Seasonal Agricultural Worker Protection Act
The N.C. General Assembly recently passed E-Verify legislation. E-Verify
is a web-based system operated by the U.S. Department of Homeland
Security in partnership with the Social Security Administration. The program
allows participating employers to electronically verify the employment
authorization of newly hired employees.
The effective dates for the new North Carolina law are as follows:
Effective Oct. 1, 2012—employers with 500 or more employees will be
required to use E-Verify to check work authorization for all new hires.
Effective Jan. 1, 2013—employers with 100 or more employees will be
required to use E-Verify to check work authorization for all new hires.
Effective July 1, 2013—employers with 25 or more employees will be
required to use E-Verify to check work authorization for all new hires.
The N.C. Department of Labor is the agency charged with investigating
complaints for violations of the E-Verify law. NCDOL will begin accepting
complaints against employers in accordance with the effective dates set
forth above. For example, between Oct. 1, 2012, and Dec. 31, 2012, complaints
will only be accepted against employers with 500 or more employees.
No complaints will be accepted until the first effective date of Oct. 1, 2012.
NCDOL is currently drafting administrative rules to clarify how com-plaints
will be handled against companies for failure to E-Verify their
employees. The rules will take effect Oct. 1, 2012.
Please note that NCDOL does not have jurisdiction with regards to E-Verify
over state/local government agencies or municipalities and will not be
able to accept complaints against these entities
Employers who hire temporary seasonal workers for fewer than 90
days within a consecutive 12-month period and private employers with 24
or fewer employees are not required to use E-Verify.
For more information on the E-verify legislation, visit the UNC School of
Government website at www.sogpubs.unc.edu/electronicversions/pdfs/ilb03.pdf.
If you have questions, you may call (919) 733-7166.
Legislature Passes E-Verify Law
Printed 11/11 1,500 copies of this public document were printed at a cost of $180, or $.12 per copy.
5. Workers entering the bin had not been trained to do so safely.
6. The grain may have been “bridged”—a special condition described below.
Safety Precautions Regarding Grain Bins
• Inform all family members and employees of the hazards around and in
grain bins, and make grain bins off limits to children.
• Never enter a bin of flowing grain.
• Have a plan for safe entry and exit when you need to enter the bin.
• Stop the unloading auger if it is running. Lock it out so it cannot be started
while you are inside.
• Always tell someone when you are entering a bin.
• Use a safety harness with rope and secure it to a point outside the bin.
• When possible have two people outside the bin capable of lifting the inside
person should the need arise.
• Do not enter a bin that has a crusted layer. Use another means to break
the crust.
• Install ladders inside bins.
• If you are being trapped in flowing grain, try to reach the bin wall and
keep walking around the bin next to the wall. Remember grain is moving
slowest at the bin wall and fastest at the center.
• If you are being submerged in grain, you can help yourself by cupping
your hands over your mouth and nose and taking small breaths. This
helps keep the respiratory tract free of grain.
• Use extreme caution if entering a bin having wet, moldy or spoiled grain in
it. Air hazards may include toxic gases, dusts and reduced oxygen content. Turn
on the blower and use respiratory protective equipment in such situations.
• Plan ahead for appropriate emergency response to serious farm accidents
in potentially hazardous environments such as grain bins.
Since the grain bin incident, the Bowmans have worked closely with the N.C.
Department of Labor’s Agricultural Safety and Health Bureau to ensure that all
necessary precautions are taken to reduce the chance an incident happening again.
“Grain bins are hazardous in many ways—bridging is just one of them,”
said Lauren Norton, ASH inspector in charge of this investigation. “It’s unclear
if this was the only issue here. Regardless, you do not want to enter a grain bin
without sufficient protection—ever! It should always be mandatory to tether
all equipment and to use proper restraint (to prevent engulfment) for the
employee while inside. This restraint must be adequately anchored and adjusted
to keep a substantial portion of his body above any collapse or entrapment. This
restraint would require constant monitoring, especially if breaking the bridge
at the standing level would lower as the grain settled.”
Recommendations Made and Adopted as Part of the NCDOL Investigation:
• Signage and locks are now installed on all confined spaces and chemical
storage areas;
• Self-lowering safety rigs are installed on all grain bins;
• All equipment is inspected and checked yearly;
• All employees are trained annually;
• Employees are retrained as needed.
“I would consider using a pre-entry hazard analysis and to use lockout/
tagout when someone enters,” said Robby Jones, OSH compliance supervisor.
“This would give the employees the opportunity to discuss the problem, identify
hazards and decide what precautions to take based on the situation. I would always
recommend using lockout/tagout, especially by the entrant, so as to not create
a hazard while he is inside the bin/silo. Operators may not like this; it takes time.
It might require them to enter and exit several times to completely clear the
choked off auger. This may slow the operation down, but it is the safest method.”
As part of the NCDOL investigation, Chris Bowman installed all required
and selected elective safety equipment and also provided photos from the scene
and documentation of training for employees.
“It was a tough lesson, but we learned it,” Bowman said. “Bridged grain, and
grain bins in general, are nothing to take for granted. I thank the good Lord that
I’ve got EMS training! It’s going to be different on our farm from now on.”
For more information, see www.osha.gov/Publications/grainstorageFACTSHEET.pdf.
Grain Bin Disaster Avoided continued from page 1
Grain Bin Entrapment
After Breaking Through
a Crusted Layer Hollow
Bridged
Grain
Completely Buried
in Seconds