police health workplace medical-marijuana kentucky
Are police officers required to wear masks and protective gear when disposing of illegal cannabis?
<p>I'm hoping someone here can help me identify a potential OSHA violation. <a href="https://www.bloomberg.com/news/photo-essays/2015-10-07/burning-kentucky-s-illegal-weed-a-ride-along-with-the-cannabis-cops" rel="nofollow noreferrer">In these pictures</a> the Kentucky State Police <em>Cannabis Suppression Branch</em> has went on somebody's land and destroyed some cannabis plants. As you can see from the pictures, these plants are fully mature. <a href="http://www.wave3.com/story/6947976/state-police-destroy-marijuana-plants-during-southern-indiana-raid?clienttype=printable" rel="nofollow noreferrer">According to this article</a> about the Indiana division, burning mature plants is a common practice. One of the officers says...</p>

<blockquote>
  <p>"If we don't have a suspect and aren't going to be able to make an arrest, obviously we don't want them to get it, <strong>so we will wait as long as we can and then we'll whack it</strong>," Bennett said.</p>
</blockquote>

<p>This means every time the officers burn these plants, they wait until they are fully mature with massive buds on them. </p>

<p>If you look at the pictures, none of these officers are wearing any sort of masks or protection. They are being fully exposed to "toxic fumes" from a Schedule 1 substance that Jeff Sessions said is "only a little better than heroin".</p>

<p>Are these officers violating any OSHA rules? If not, should something like this be brought to OSHA's attention? </p>

<p>OSHA has jurisdiction only over private sector employers and <a href="https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&amp;p_id=21364" rel="nofollow noreferrer">not over public sector employers</a>, although there are coordinated state programs in Kentucky:</p>

<blockquote>
  <p><strong>The Occupational Safety and Health Administration (OSHA) does not have
  jurisdiction over State and local government employees (firemen and
  policemen).</strong> If, however, a State administers its own occupational
  safety and health program, in accordance with Section 18 of the Act,
  the State must cover State and local employees. Twenty-three States
  and two territories cover State and local government employees under a
  plan approved and monitored by OSHA. These States are: Alaska,
  Arizona, California, Connecticut, Hawaii, Indiana, Iowa, <strong>Kentucky</strong>,
  Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North
  Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah,
  Vermont, Virgin Islands, Virginia, Washington, and Wyoming.</p>
</blockquote>

<p>As such, there would be no reason for OSHA to enact regulations pertaining to police work like this, and AFAIK there have been no OSHA regulations promulgated re the private sector marijuana industry because it is still illegal under federal law. But, there might be state level regulations in Kentucky that are relevant under its coordinated state program.</p>
