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Text from the OSHA Logging Preamble
Section V:
Summary and Explanation of the Final Standard
Paragraph (b) Scope and Application
This paragraph defines the scope and application of this standard. The existing
standard applied only to pulpwood logging operations. That standard adopted, pursuant to
section 6(a) of the Occupational Safety and Health Act, the American National Standards
Institute, ANSI 03.1-1971 Safety Standard for Pulpwood Logging (hereafter 1971 ANSI
standard) (Ex 2-13). Included in the 1971 ANSI standard were requirements for important
safety practices along with provisions pertaining to personal protective equipment, first
aid and stationary and mobile equipment.
When ANSI revised the 1971 consensus standard in 1978, they expanded the scope of the
standard to include all logging operations. The revised ANSI standard adopted, virtually
unchanged, many of the requirements of the 1971 pulpwood logging standard, and applied
those provisions to all logging operations throughout the nation. OSHA has taken a similar
approach in this rulemaking. In paragraph (b)(1), the Agency has expanded the scope of the
pulpwood logging standard, 1910.266, and to cover all logging operations regardless of the
end use of the timber products.
In paragraphs (b)(1) and (b)(2) of the final rule, OSHA makes clear that the standard
applies to all types of logging operations, regardless of the end use of the wood. Logging
operations, as defined in paragraph (c) of the final rule, include, but are not limited
to, marking, felling, bucking, limbing, debarking, chipping, yarding, loading, unloading,
storing, transporting machines and equipment from one site to another, and other
operations associated with felling and moving trees and logs from the stump to the point
of delivery. Many commenters supported the application of the standard to all types of
logging and all logging operations (Ex. 5-6, 5-10, 5-17, 5-18, 5-21, 5-36, 5-42, 5-46,
5-48, 5-49, 5-54, 5-61, 5-65).
One commenter said OSHA should exclude felling operations from the logging standard and
cover only the movement of felled trees from the stump to the mill (Ex. 17). This
commenter said that felling activity is not the most hazardous part of logging operations.
OSHA believes the record does not support the commenters' recommendation. The record
clearly shows that felling activities are the most hazardous activities of the logging
operation. According to the WIR survey, more than one-half of all reported injuries
involved various felling activities (Ex. 2-1). OSHA believes that if the standard did not
include hazards associated with felling the trees, that the majority of employees in the
logging industry would still be exposed to significant risk of injury and death.
Therefore, in the final OSHA has retained coverage of tree felling operations.
Another commenter raised the issue about whether establishments that hire independent
contractors to perform various logging activities are considered employers covered by this
standard (Ex. 5-23). The courts have held in various OSHA cases that when the contractor
exercises control over the means and methods by which the independent contractor performs
the work, that the contractor is regarded as an employer for purposes of this rule. Loomis
Cabinet Co. v. Martin, 15 F.3d 1086 (9th Cir. 1994). See also Castillo v. Gibbons, 704
F.2d 181, 188-93 (5th Cir. 1993). For example, establishments that provide independent
contractors with machines, such as yarders or forklift trucks, to perform the job are
exercising control over the means by which the job is performed.
At paragraph (b)(1) of the final rule, the Agency has excluded from coverage the
construction or use of cable yarding systems. Cable yarding, as defined in the final
standard, is the movement of felled trees or logs from the area where they are felled to
the landing on a system composed of a cable suspended from spars and/or towers. The
definition further states that the trees or logs may be either dragged across the ground
by the cable or carried while suspended from the cable. One of the end towers is located
in the area where the trees or logs are attached to the cable yarding system and the other
end is at the landing. Cable yarding systems are used primarily when the terrain is
extremely rugged and the felled trees and logs are otherwise inaccessible. Important
elements of the safe use of a cable yarding system include the selection and use of
climbing devices to install the system, preparation of head and tail spars and
intermediate trees or towers, component sizing, system rigging and system usage. There are
generally three types of cable yarding systems, namely, high lead, skyline and slackline.
In a high lead system, the mainline is threaded through the mainline block (pulley) that
is attached near the top of the spar to obtain a lift of the logs being yarded. A skyline
system is one in which the line (cable) is hung between two or more supports on which a
carriage or block travels. A slackline system is a form of skyline system where the
skyline is spooled on a drum so that the line can be raised or lowered. In all three
systems, the spars are usually held in part and restrained against movement by the use of
guylines that are anchored to the ground or another tree. Trees and logs may be moved by a
cable yarding system by dragging them along the ground or while they are suspended from
the system.
In the preamble of the proposed rule, OSHA explained that this exemption was included
due to the regional nature of the use of cable logging systems. State plan States in the
far west that have the most significant cable logging activity have developed very
detailed cable logging standards. Many commenters testified that the hazards of cable
yarding in those states have been adequately covered by the specific state standards (Ex.
2-18, 2-19, 2-20, 2-21, 2-23, 5-17, 5-27, 5-39, 5-45, 5-74 through 5-92, 38J, 38K).
However, some commenters discussed the need for increased regulation of cable yarding
operations on the national level because they assert there is increasing use of cable
yarding in non-western regions of the country where no State standards exist (Ex 5-19,
5-20, 5-36).
After careful consideration of the comments, OSHA has decided to retain the exclusion
for cable yarding operations in this final rule for several reasons. First, the State
logging standards that address cable yarding are detailed specification standards that
adequately address the unique hazards associated with the construction and use of cable
yarding in those particular States, that are all western States. For example, those
standards deal with construction of cable yarding systems on steep slopes that are
predominently in those western States. Those State cable yarding standards will not be
affected by the Federal logging standard. Second, there is no evidence in this rulemaking
record that those standards are not addressing particular hazards associated with cable
yarding in those States. Third, OSHA agrees with the APA that the prevalent use of cable
yarding is in those States that have their own standards that include requirements for
cable yarding. None of the commenters representing non-western logging establishments
indicated that cable yarding is being performed in their area or by their member
companies. Fourth, OSHA believes there is not sufficient information and data in the
record regarding cable yarding activities in non-western States to determine at this point
whether the various cable yarding regulations of the western States would be appropriate
to apply nationwide. For example, logging in western States is usually clear cut logging
while selective cutting is more prominent in non-western states (Ex. 2-1). Other logging
conditions vary across regions, such as tree size and type, weather, and terrain. For
example, logging operations in western States are three times more likely to be on steep
slopes, where skidding may be impossible (Ex. 2-1). OSHA believes that these differences
might affect what would constitute appropriate cable yarding rules for non-western States.
Therefore, OSHA believes this issue requires further study before the Agency promulgates a
national cable yarding standard.
However, OSHA emphasizes that the exclusion of cable yarding is only for the
construction and use of the cable yarding system itself. Other parts of the logging
operation taking place where cable yarding systems are present will be covered by this
standard. Just as this standard extends the pulpwood logging standard to cover the same
hazards experienced elsewhere in the logging industry, OSHA believes that these same
hazards need to be covered by this standard when cable yarding operations are being
performed. For example, the hazards for loggers felling trees exist regardless of how the
trees or logs are moved about the work site. To this end, the Agency has included in the
final standard the felling of the trees and the other operations that are conducted in
conjunction with the use of a cable yarding system.
It should also be noted that the use of yarding machines with winches for playing out
and retrieving cable is not considered cable yarding for the purposes of this standard.
Therefore, this operation is covered by this final logging standard. In this type of log
retrieval, a yarding machine plays out cable, to which is attached a choker sling that is
secured to a tree or log. Once the sling is attached to the log, the cable is wound onto
the drum and the tree or log is then yarded by skidding while attached to and supported by
the cable on the winch. This system of yarding is oftentimes used when logging is being
conducted along a roadway or other area where access to the area where the tree is felled
is not practical and the area where the yarder (skidder) is operating is on the roadway or
in an accessible area.
At paragraph (b)(3) of the final rule OSHA emphasizes that this standard is not a
totally "vertical" standard for logging operations. That is, the requirements of
this final rule are to be supplemented by other applicable requirements found elsewhere in
part 1910. When there is a corresponding provision elsewhere in part 1910 that addresses
the same hazard or condition of work as a provision of the logging standard, the more
specific logging provision takes precedence for logging operations. By contrast, when
hazardous working conditions are not addressed or covered by the logging standard, the
other requirements of part 1910 apply. For example, employers in the logging industry must
provide employees protection against occupational noise exposure by meeting the
requirements of 29 CFR 1910.95. Employers in this industry must also comply with the
permissible exposure limit for wood dust specified in 29 CFR 1910.1000 and meet the field
sanitation requirements of 29 CFR 1910.28.
Several commenters raised the issue about what standards apply to the construction of
roads and trails (Ex. 5-16, 5-44, and 5-63). These commenters said there was confusion
about whether the entire part 1926 would be applied to logging operations. Construction
activities such as the building of roads and trails are not logging operations, therefore
they are covered by applicable construction standards and not the logging standard. As
such, the use and maintenance of the equipment to perform the construction of those roads
and trails, such as graders, scrapers, front-end loaders, and bulldozers, are covered by
the construction standards. In addition, the building of roads and trails to reach logging
sites is not a logging operation, but is a construction activity that is carried out
preparatory to the logging activity. Therefore, in this final standard OSHA has removed
references to road building construction activities. Road building in conjunction with the
establishment of a logging activity is no different than road building to gain access to
any other operation and is covered in the general construction standards.
However, the felling of trees in preparation for the construction activities, such as
the building of roads, is considered to be a logging operation. To the extent that any
employee is performing a logging operation in preparation for construction activities, the
employee is performing general industry work, and the requirements of this standard as
well as other applicable sections of part 1910, apply in order to safely fell those trees.
For example, if trees are felled to prepare for road construction, the requirements in
this final rule and other sections of part 1910 apply. This reasoning also applies to
felling of trees in preparation for agricultural activities (e.g., felling trees to
prepare land for crops). Felling of those trees is general industry work and the
requirements of this standard as well as other applicable sections of part 1910 apply. To
this end, OSHA has specifically referenced the applicability of the final logging standard
in 29 CFR Part 1928 to felling of trees in preparation of agricultural activities.
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