D4-Lancaster Farming, Saturday, December 11, 1999 Farm Bureau Files Court Brief On OSHA Small-Farm Ruling PARK RIDGE, Dl. The American Farm Bureau Federation (AFBF) and the Wisconsin Farm Bureau Federation have filed a friend-of-the-court brief challeng ing a Wisconsin Circuit Court rul ing that expands federal workplace regulations to small farms. If upheld, the ruling could set a precedent to apply Occupational Safety and Health Act (OSHA) regulations to small farms, which would cause severe economic hardships for those producers. The case involves action against Doane Derricks, a small dairy far mer in Pierce County, Wis., who was sued in 1997. The plaintiff in that suit fell through a hay chute, despite being warned before enter ing the haymow that the chutes had been left open. The plaintiff per formed general farm chores for BUY, SELL, TRADE OR RENT THROUGH THE CLASSIFIED ADS IN Lancaster Farming PHONE 717-626-1164 OR 717-394-3047 FAX 717-733-6058 Mon., Tues., Wed., Fri. 8 AM to 5 PM Thurs. 7 AM to 5 PM Derricks in exchange for feed for her horses. A circuit court judge allowed testimony about, and then applied, OSHA’s “general duty clause,” which requires employers to furn ish each employee a place of employment free from recognized hazards that may cause death or serious physical injury. Small farms, those with 10 or fewer employees, arc exempt from feder al enforcement of OSHA’s general duty clause By applying the general duty clause given by the court’s instruc tions, a jury found that Derricks was strictly responsible for the plaintiff’s injuries. The verdict was appealed toWisconsin's Third District Court of Appeals. 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