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OSHA Exemptions for Small Farms

Many farmers have heard that small farms are exempt from OSHA. The reality is more detailed, and the safest approach is to confirm with the agency.

What is the small farm exemption?

People use the phrase small farm exemption to describe limits on how OSHA enforces its rules on some small farms. The conditions involve details such as size and activity, and the official wording has been explained and revised over time.

Because of that, the idea that small farms are simply exempt is an oversimplification. Read the official explanation from OSHA before deciding what applies to you.

Because the details are technical, people sometimes repeat what they heard at a coffee shop. Rely on the agency's own explanation and write down the date you read it, since policies can change.

Why do people get this wrong?

The topic is confusing because it involves the number of workers, the kind of work and which part of OSHA's authority is limited. Different sources can sound as if they contradict each other.

OSHA has published a policy clarification on its enforcement authority over small farms. Read it, and ask your state agency how it applies where you live.

If you are unsure how to read the clarification, call your state agency or an extension specialist and ask them to explain it in plain terms for your type of farm.

Does your state change the answer?

Some states run their own occupational safety programs, and those programs may not follow the same limits as federal OSHA. A farm that is outside federal inspection may still be covered by state rules.

Contact your state workplace safety agency and ask in plain terms: what rules apply to a farm like mine, with my number of workers, family members and seasonal employees?

State programs are especially important to check. Where a state has its own program, the state office is usually the right place to start, and it can tell you whether federal limits are relevant.

Who counts as an employee?

Counting workers can be tricky. Family members, seasonal workers, hired help and contractors may be treated differently under different rules. Do not guess.

Ask the agency how they count workers for your situation and write down the answer and the date. Keep notes in case the question arises later.

Written answers are the best protection. If an agency gives an answer by phone, follow up with an email summarizing it and ask them to confirm.

• Family members
• Seasonal and part-time workers
• Contract and custom crews
• Housing provided to workers

Does an exemption mean you can ignore safety?

No. Even if inspections are limited, workers can still be hurt, and other rules may apply. Workers' compensation, insurance requirements, labor laws and civil liability do not disappear because of an OSHA limit.

Many standards also serve as good guidance. A farm that follows them reduces risk and is better prepared if something goes wrong.

Insurance policies and customers or buyers may also require safety practices that go beyond what regulators ask. Your insurer can tell you what is expected for coverage.

What questions should you ask the agency?

Ask if your farm is covered, which standards apply, whether temporary housing is regulated, how the number of workers is counted and how your state differs from the federal rules. Ask for guidance in writing when you can.

Also ask whether consultation services are available to farms and whether they are separate from enforcement.

If you are an employer with seasonal or migrant workers, ask about rules on housing, transportation and training too. Those rules are often separate from the topics discussed here.

How should small farms plan?

Plan for safety as if rules apply. Use checklists, training and maintenance, and treat worker safety as part of running a sound business.

Check back at least once a year, since policies, funding rules and state programs can change.

Treat this page as a starting point, not a final answer. The agency can tell you what applies on your farm today, and you should ask again when your operation changes in size or type.

• Write down who you spoke with
• Review your status each year
• Use free consultation if offered

Last reviewed: November 12, 2026. Written by the Farm Safety Editorial Team. See our editorial policy.