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Text from
the OSHA Logging Standard Amendment issued September 8, 1995 in the Federal Register
Paragraph (c) Definitions
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Logging operations. The definition of "logging
operations" in the final rule includes "marking" operations. OSHA is
revising this definition to clarify the type of marking operations covered by the logging
standard. OSHA intended that marking include operations that are done attendant to and at
the same time as felling, cutting and moving trees in a particular logging work site. Such
marking operations include marking danger trees, and sizing and marking felled trees to be
cut to length. These particular marking operations inform loggers working in the area or
on that tract whether and how to cut trees.
OSHA did not intend marking operations to include those operations that are done
independently of or in advance of cutting trees in a particular logging site. These
preparatory operations include marking of tracts of land to determine the order in which
tracts will be logged, and marking and designating boundaries of tracts of land that will
be bid upon for harvesting. Harvesting of trees does not take place on the tracts while
these marking operations are being done. These preparatory operations do not involve the
hazards of logging operations, and the record indicates that the high injury and fatality
rates in the logging industry are not associated with these activities (e.g., Ex. 2-1).
Therefore, OSHA is revising the compliance directive to indicate that marking activities
which take place in advance of and separate from tree harvesting are not covered by the
final logging rule.
For the same reasons, OSHA is also revising the compliance directive to specify that
incidental marking of danger trees or wildlife trees at the same time tracts of land are
being marked also is not covered by the final rule if no tree harvesting is undertaken in
the area at this time.
OSHA is also revising the definition of logging operation to more accurately express
its intention about what transportation activities the Agency considers to be logging
operations covered by the final rule. The final rule had stated that logging operations
include transport of machines, equipment and personnel from one logging site to another.
The Agency had intended the definition to include transportation of machines, equipment
and personnel to and from as well as between logging sites. As discussed above, with
regard to transportation of employees, the revised rule includes only their transportation
in vehicles owned, rented or leased by the employer.
OSHA has been requested to clarify what loading and unloading operations are covered by
the final rule. OSHA is revising the compliance directive to indicate more clearly that
loading of trees at the logging work site and loading/unloading of trees at trans-shipment
points such as satellite wood yards are covered by the final rule. With regard to
unloading logs at pulp, paper and paperboard mills (hereafter pulp mills) and sawmills,
OSHA has other standards which address some of the hazards associated with such unloading
(See, Pulp, Paper and Paperboard Mills, 29 CFR 1910.261, and Sawmills, 29 CFR 1910.265).
To the extent that hazards associated with unloading trees at these worksites are
addressed by these other standards, they apply instead of the final logging rule. For
example, both the pulp mill and sawmill standards include provisions specifying how
binders and stakes are to be released from the load of logs. As such, the similar
provision contained in the logging final rule does not apply. However, to the extent that
the final logging rule addresses hazards not covered by the pulp and saw mill standards,
the logging rule applies if it is a logging operation. For example, neither the pulp mill
or sawmill standards address the hazards faced by log truck operators who remain in their
cabs during unloading. Thus, paragraph (h)(6)(iii) applies to loading and unloading of
trees at pulp mills and sawmills as well as at logging sites and satellite log yards.
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