Are you interested in learning how to make the most of a few acres? If so, this eight-week course is just for you! Filled with practical knowledge on a variety of topics – you won’t be disappointed! Licking County will host this college starting January 22, 2020 and meeting for eight consecutive Wednesday evenings. See the flyer for further details and registration information.
By:Peggy Kirk Hall, Associate Professor, Agricultural & Resource Law
With archery season in full swing and deer gun season opening today, hunters will be out in full force across Ohio. That means it’s also high season for questions about hunting laws, trespassers, property harm, and landowner liability. Below, we provide answers to the top ten frequently asked questions we receive on these topics.
- I gave them permission to hunt on my land, but do I have to sign something? Yes. Permission to hunt should be in writing. Ohio law requires a person to obtain written permission from a landowner or the landowner’s agent before hunting on private lands or waters and to carry the written permission while hunting. A hunter who doesn’t obtain written permission can be subject to criminal misdemeanor charges. ORC 1533.17. The ODNR provides a permission form at http://wildlife.ohiodnr.gov/Portals/wildlife/pdfs/publications/hunting/Pub8924_PermissiontoHunt.pdf. If a hunter uses another form, read it carefully before signing and ensure that it only addresses hunting and doesn’t grant other rights that you don’t want to allow on the land.
- Do family members need a license to hunt on my land? Some of them will, depending on their relationship to you. Resident landowners, their children of any age and their grandchildren under the age of 18 are exempt from the hunting license requirement when hunting on the landowners’ private lands and waters. The same rule applies if a limited liability company (LLC), limited liability partnership (LLP) or a trust holds the land and the LLC, LLP or trust has three or fewer members, partners, trustees and beneficiaries, as long as the LLC member, LLP partner or trustee is a resident of Ohio. When the landowner is not a resident, only the landowner, spouse and children of any age may hunt without a license, and only if the landowner’s state of residency grants the same rights to Ohioans who own land in that state. ORC 1533.10. Family members who don’t fall under the license exemption must obtain a hunting license and follow the written permission requirement.
- Does a hunter need my permission to retrieve an animal injured on another property? Yes. The written permission requirement applies to all of these activities: shooting, shooting at, catching, killing, injuring, or pursuing a wild bird, wild waterfowl or wild animal. ORC 1533.17.
- Will I be liable if a hunter is injured on my land? Probably not. Two laws apply to this situation, depending upon whether you gave the hunter permission. A landowner is not liable for injuries to or harm caused by a hunter who does not have written permission to be on the land. ORC 1533.17. Ohio’s Recreational User Statute applies when a hunter does have permission to be on the land; it states that a landowner has no legal duty to keep the premises safe for a hunter and assumes no responsibility for or incurs liability for any injury to person or property caused by any act of a hunter. ORC 1533.181. Note that this immunity doesn’t apply if the landowner charges a fee for hunting, unless the fee is a payment made under a hunting lease with a hunter or hunting group. ORC 1533.18. Read more about the law in our law bulletin, here. These laws provide significant protection from liability for hunter injuries, but won’t protect a landowner who willfully or recklessly causes harm to hunters. One situation that might rise to the level of willful or reckless conduct by a landowner is granting permission to too many hunters and failing to inform or manage the hunters, explained below.
- What if several people want to hunt on my land—how many should I allow? Ohio law does not state how many hunters can have permission to hunt on a parcel, but be careful about setting up a dangerous situation by allowing multiple hunters on the land at once. If you do give permission to several hunters, let them know that others could also be hunting on the land and designate a particular parking area so that they know when other hunters are present. You could even consider scheduling hunters on certain days. If the hunters are part of a hunting club, consider leasing your land to the hunting club and letting the club decide how to manage multiple hunters (see our Hunting Lease checklist, here). Taking such steps to manage multiple hunters will ensure that you aren’t behaving recklessly and have immunity from liability under the Recreational User Statute.
- Should I allow a hunter to bring along someone who’s not hunting? In regards to liability for that person, the Recreational User Statute described above applies to any person engaging in any kind of recreational activity, in addition to hunting. Hiking or walking on the land is a recreational activity covered under the law. As long as you give permission and don’t charge the recreational user a fee, the law provides immunity from liability for their injuries.
- What if a hunter leaves a tree stand or a blind on my land—can I get rid of it? It depends. It’s okay to carefully remove a stand or blind from the area, but be careful about damaging or getting rid of it too soon if it’s the property of a hunter who had permission to be on the land. According to Ohio common law, you might be liable for the property under a claim of “conversion” if the property is not “abandoned” or “lost.” Abandoned property is that to which the owner has relinquished all rights with the intention of not reclaiming it, while lost property is that which the owner has involuntarily parted with through neglect, carelessness, or inadvertence. A finder who possesses abandoned property takes absolute title to the property, while a finder of lost property takes title against everyone except the owner. In either case, destroying or disposing of property that is not abandoned or lost could lead to a claim of conversion, and you could be liable for the damages.
- What if a hunter who had my permission to hunt ends up harming my property? There are two ways with deal with property harm from hunters. First, the hunting laws prohibit a hunter from acting in a negligent, careless or reckless manner so as to injure persons or property. Violating this law can lead to first degree misdemeanor charges and compensation to the landowner, as well as revocation of the hunting licenses and permits. ORC 1533.171 and 1533.99. Second, Ohio law allows a landowner to seek compensation for the “reckless “destruction of vegetation, trees and crops under ORC 901.51. Reckless means acting intentionally and without regard for consequences. If successful, a landowner can receive triple the amount of the harm caused to the property.
- What can I do to a trespasser who’s hunting on my land? Dealing with trespassers is tricky. First, don’t willfully harm the trespasser, as you could be liable for causing intentional harm. Second, call your local ODNR wildlife officer or the Turn in a Poacher program, below, to report the incident. Third, read our law bulletin on “Do’s and Don’ts of Dealing with Trespassers on the Farm,” available on farmoffice.osu.edu, here.
- What if I see someone violating hunting laws? ODNR’s “Turn in a Poacher” program encourages the public to report wildlife violations such as hunting out of season or without a license or permission. The program provides several ways to report: complete an online form available at http://wildlife.ohiodnr.gov/stay-informed/turn-in-a-poacher-tip and submit it through the internet or via mail, call the TIP hotline at 1-800-POACHER, or use the same number to text photos of suspects, vehicles or signs of violations. All reports are confidential.
Source: Peggy Kirk Hall, Associate Professor, Agricultural & Resource Law
When kids head back-to-school, it’s time for farmers to do some homework and recall the rules that apply to youth working on farms during the school year. Once school is in session, Ohio labor laws place restrictions on the times of day and number of hours that youth under the age of 18 can work on a farm. The laws don’t apply to parents, grandparents, or legal guardians, however. For other farm employers, be aware that the laws vary according to the age of the minor and some require written parental consent. Here’s a quick refresher:
16 and 17 year olds
- Cannot work before 7:00 a.m. on school days, with the exception that they can work starting at 6:00 a.m. if they were not working past 8:00 p.m. the night before.
- Cannot work after 11:00 p.m. on a school night, which means a night when the minor has school the next day.
- No daily or weekly limits on the number of hours the youth can work.
14 and 15 year olds
- Cannot work during school hours while school is in session.
- Cannot work before 7:00 a.m. or after 7:00 p.m., but can work until 9:00 p.m. from June 1 to September 1 or during any school holiday or break lasting more than 5 weekdays.
- Cannot work more than 3 hours during a school day or more than 8 hours during a non-school day.
- Cannot work more than 18 hours in a week while school is in session, unless the job is part of a work education program such as vocational training or work study.
12 and 13 year olds
- The same time restrictions and daily and weekly hour limits for 14 and 15 year olds (above) apply to 12 and 13 year olds, but there is no exception to the 18 hour weekly limit for vocational training or work study programs.
- Employer must obtain written parental consent for the youth to be working, unless the youth’s parent or legal guardian also works on the same farm.
Under 12 years old
- Can only work on a farm where employees are exempt from the federal minimum wage, which includes a farms of an immediate family member or a “small farm” that used fewer than 500 “man days” of agricultural labor in any calendar quarter the preceding year. A “man day” is a day during which an employee performs agricultural work for at least one hour.
- Exception to the above: local youths 10 and 11 may hand harvest short-season crops outside school hours for no more than 8 weeks between June 1 and October 15 if their employers have obtained special waivers from the U.S. Secretary of Labor.
- The same daily time restrictions and daily and weekly hour limits for 14 and 15 year olds (above) apply to youth under 12 years old, but there is no exception to the 18 hour weekly limit for vocational training or work study programs.
- Employer must obtain written parental consent for the youth to be working.
The other labor laws that typically apply to youth doing agricultural work on a farm continue to apply throughout the school year. For example, employers must maintain records for youth employees, provide a written agreement of compensation and a statement of earnings on payday, and a 30-minute rest period if the youth works more than five consecutive hours. An employer can’t assign any youth under the age of 16 with a “hazardous” job or task unless the youth is 14 or 15 and has a certificate of completion for tractor or machine operation. Further information about these and other laws that apply to youth under 18 working on a farm is in our new Law Bulletin, Youth Labor on the Farm: Laws Farmers Need to Know, available here.
Source:Ken Hellevang, NDSU Extension Agricultural Engineer (Edited)
OK, so maybe it’s too wet to be in the field. While we are waiting on a little bit of cooperation from Mother Nature, we may be keeping busy doing other things like hauling grain. As you empty your bins keep these safety tips in mind!
Make sure everyone working around stored grain understands the hazards and proper safety procedures.
Using appropriate safety practices when working around grain is vital.
“Make sure everyone, including family and employees, working around stored grain understands the hazards and proper safety procedures,” North Dakota State University Extension Service agricultural engineer Ken Hellevang says.
“Too many people ignore safety practices and suffer severe injury or death while working around grain,” he adds. “They get trapped in grain, tangled in auger flighting, or develop respiratory problems from exposure to grain dust and mold particles.”
Grain Bin Dangers
Never enter a bin while unloading grain or to break up a grain bridge. Flowing grain will pull you into the grain mass, burying you within seconds.
Stop the grain-conveying equipment and use the “lock-out/tag-out” procedures to secure it before entering the bin. Use a key-type padlock to lock the conveyor switch in the “off” position to assure that the equipment does not start automatically or someone does not start it accidentally.
Bridging occurs when grain is high in moisture content, moldy or in poor condition. The kernels stick together and form a crust. A cavity will form under the crust when grain is removed from the bin. The crust isn’t strong enough to support a person’s weight, so anyone who walks on it will fall into the cavity and be buried under several feet of grain.
“To determine if the grain is bridged, look for a funnel shape on the surface of the grain mass after some grain has been removed,” Hellevang advises. “If the grain surface appears undisturbed, the grain has bridged and a cavity has formed under the surface.”
Stay outside the bin and use a pole or other object to break the bridge loose.
If the grain flow stops when you’re removing it from the bin but the grain surface has a funnel shape and shows some evidence that grain has been flowing into the auger, a chunk of spoiled grain probably is blocking the flow. Entering the bin to break up the blockage will expose you to being buried in grain and tangled in the auger.
If grain has formed a vertical wall, try to break it up from the top of the bin with a long pole on a rope or through a door with a long pole. A wall of grain can collapse, or avalanche, without warning, knocking you over and burying you.
Follow recommended storage management procedures to minimize the potential for crusting or bridging and chunks of grain blocking unloading.
Also, never enter a grain bin alone. Have at least two people at the bin to assist in case of problems. Use a safety harness when entering a bin.
Rescuing a Trapped Person
If someone gets trapped:
- Shut off all grain-moving equipment.
- Contact your local emergency rescue service or fire department.
- Ventilate the bin using the fan.
- Form a retaining wall around the person using a rescue tube or plywood, sheet metal or other material to keep grain from flowing toward the person, then remove grain from around the individual. Walking on the grain pushes more grain onto the trapped person.
- Don’t try to pull a person out of grain. The grain exerts tremendous forces, so trying to pull someone out could damage the person’s spinal column or cause other damage.
- Cut holes in the bin sides to remove grain if the person is submerged. Use a cutting torch, metal-cutting power saw or air chisel to cut at least two V- or U-shaped holes on opposite sides or more holes equally spaced around the bin. Grain flowing from just one hole may injure the trapped person and cause the bin to collapse.
Dust, Mold Pose Health Hazards
Even low-level exposure to dust and mold can cause symptoms such as wheezing, a sore throat, congestion, and nasal or eye irritation.
Higher concentrations can cause allergic reactions and trigger asthma episodes and other problems. Typical symptoms include shortness of breath; burning eyes; blurry vision; light sensitivity; a dry, hacking cough; and skin irritation. People may experience one or a combination of these symptoms.
In rare cases, severe symptoms, such as headaches, aches and pains, and/or fever, may develop. People’s sensitivity varies based on the amount and type of mold. In addition, certain types of molds can produce mycotoxins, which increase the potential for health hazards from exposure to mold spores.
The minimum protection for anyone working around moldy grain should be an N-95-rated facemask, according to Hellevang. This mask has two straps to hold it firmly to the face and a metal strip over the nose to create a tight seal. A nuisance-dust mask with a single strap will not provide adequate protection, he says.
Getting tangled in the unloading sweep auger is another major hazard. Entanglement typically results in lost feet, hands, arms, legs and frequently death due to the severe damage.
Although you shouldn’t enter a bin with an energized sweep auger, it may be necessary in some instances, Hellevang says. All sweep augers should have guards that protect against contact with moving parts at the top and back. The only unguarded portion of the sweep auger should be the front point of operation.
If someone must go into the bin, make sure to have a rescue-trained and equipped observer positioned outside the storage bin. Use a safety switch that will allow the auger to operate only while the worker is in contact with the switch.
Never use your hands or legs to manipulate the sweep auger while it’s in operation. The auger should have a bin stop device that prevents the sweep auger from making uncontrolled rotations.
Safety on the farm is not something that should be taken lightly. The average person reacts to a potential hazard in 0.2-0.3 seconds. #eFields18 includes a special report on farm safety and shares the severity of injuries that could occur in that fraction of a second before reacting. The inclusion of farm safety in this year’s report was made possible by Kent McGuire and the OSU Agricultural Safety and Health Program.
By: Dee Jepsen – State Agricultural Safety and Health Leader
As tractors, combines, and grain trucks begin to appear on Ohio roads, roadway safety becomes a focus for all who share the road with farm machinery.
Vehicle collisions can happen at any time. Many are a result of speed differential between slower-moving farm equipment and passenger vehicles, where the motoring public doesn’t slow down in time before colliding with machinery. Other collisions are a result of cars and trucks passing farm implements without a clear distance of on-coming traffic. Following safe road practices, farm operators can do their part to be seen with enhanced visibility. And while SMV operators are not required to move out of the way for passing traffic, they may choose to do so when enough berm is available. Other steps for enhanced visibility are listed below.
Source: Peggy Kirk Hall, Associate Professor, Agricultural & Resource Law
A question we often hear from landowners is “will I be liable if a hunter is injured on my property?” Ohio’s Recreational User’s Statute is an excellent risk management tool for farmers who so often have hunters stopping by and asking for permission to hunt on the farm. The law provides immunity for landowners of non-residential land who allow people to engage in recreational activities on the land without charging a fee for the activity. The law states that by granting permission, the landowner is not extending any assurance to a recreational user that the premises are safe for entry or use.
To receive the law’s liability protection, it’s important for a landowner to meet the following requirements:
- Grant permission to a person to engage in a recreational activity such as hunting, fishing, hiking, snowmobiling, four-wheeling, or other recreational activities.
- Don’t charge a fee or benefit for the use, except that the law does allow a lease payment fee.
Read more about the law in our new bulletin, The Who, What, When, and Where of Ohio’s Recreational User Statute: What Landowners Need to Know. The bulletin is available here.
The Farm Science Review Agronomy College is held in partnership between the Ohio AgriBusiness Association & OSU Extension. The event is designed to educate agronomists, Certified Crop Advisers, custom applicators and farmers on current agronomic crop issues.
Topics we think you will be interested in:
- Updates to the Tri-State Fertilizer Recommendations
- Ohio Phosphorus Risk Index update and on-line tool demonstration
- Got Weeds, Insects, Diseases? It’s been a great year for pests.
- Want ideas to try on Variable Rate Soybeans?
Date: September 11, 2018
Location: Farm Science Review – Molly Caren Agricultural Center, London, OH
Time: Check-in begins at 8:30 a.m.; sessions begin at 9 a.m. and conclude at 4:00 p.m.
Cost: $120 Registration: Click here to register for the event. (or try this link:http://oaba.net/aws/OABA/pt/sd/calendar/67757/_PARENT/layout_details/false)
Originally posted in the Ohio AgriAbility Newsletter- Lisa Pfeifer – OSU Ag Safety and Health Education Coordinator
Do you have fire extinguishers located on your farm property?
Fire extinguishers can often be one of those out of sight out of mind tools. Or alternatively, extinguishers can be so frequently passed by that the location no longer registers. Stop and take a mental inventory of where the fire extinguishers on your farm are located.