OSHA Instruction CPL 2-1.19 March 17, 1995 Directorate of Compliance Programs

SUBJECT: Logging Operations, Inspection Procedures and Interpretive Guidance

A. Purpose. This instruction establishes policies and provides clarification to ensure uniform enforcement of the revised Logging Operations Standard. These policies and procedures will be amended as necessary to clarify enforcement of stayed provisions of the standard.

B. Scope. This instruction applies OSHA-wide.

C. References. 29 CFR 1910.95, 29 CFR 1910.133, 29 CFR 1910.147, 29 CFR 1910.266, 29 CFR 1910.269, 29 CFR 1928.21, and STP 2.22A CH-3 (Changes to the State Plan Policies and Procedures Manual, February 27, 1990) and CPL 2.103, Field Inspection Reference Manual (F.I.R.M.), September 26, 1994 are referenced in this instruction.

D. Action. Regional Administrators and Area Directors shall ensure that the General Inspection Procedures and clarifications in instruction are followed and that compliance officers are familiar with the content of the new standard, and that they are aware of stayed provisions of the standard.

E. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:

1. Ensure that this change is forwarded to each State designee, using a format consistent with the Plan Two-way Memorandum in Appendix P, OSHA Instruction STP 2.22A, CH-3.

2. Explain the technical content of the change to the State designee.

3. Ensure that State designees are asked to acknowledge receipt of the Federal program change in writing, to the Regional Administrator as soon as the State's intention is known, but no later than 70 calendar days after the date of issuance (10 days for mailing and 60 days for response). This acknowledgement should include a description either of the State's plan to implement the change or of the reasons why the change should not apply to that State.

4. Advise the State designees that a plan supplement is not required for implementation of this change. However, if the State's interpretation of its standard is different from OSHA's, the State shall submit a copy of its interpretation to the Regional Administrator.

5. Review policies and guidelines issued by the State to determine if this change has been communicated to State program personnel.

F. Application. The standard applies to all logging operations, where trees are harvested, regardless of the end use of the product. Logging operations include, but are not limited to, the operations of 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 trees and moving logs from the stump to the point of delivery. The standard does not cover the construction or use of cable yarding systems, or the construction of roads or trails to logging sites.

G. Effective Date of Requirements. The effective date for the Logging Operations Standard is February 9, 1995, except for certain provisions listed below, which have been stayed until August 9, 1995.

H. Effective Date of Stayed Provisions. OSHA has set August 9, 1995 as the effective date for the following provisions which have been stayed:

Provision: General Subject:

(d)(1)(v) (Foot Protection--but only as it relates to chain-saw resistance of foot protection) (d)(1)(vii) (Eye and Face Protection--but only as it relates to face protection) (d)(2)(iii) (Annual Review and Approval of First-Aid Kit Contents) (f)(2)(iv) (Machine Operation on Slopes) (f)(2)(xi) (Discharge of Stored Energy from Hydraulic and Pneumatic Storage) (f)(3)(ii) (ROPS Criteria) (f)(3)(vii) (Lower Portion of Cab Enclosure) (f)(3)(viii) (Upper Portion Enclosure with Mesh) (f)(7)(ii) (Secondary Braking System--but only as it relates to parking brakes stopping a machine or vehicle in the event the primary service brakes fail) (g)(1) (Employee-Owned Vehicle Maintenance--but only as it relates to employee-owned vehicles) (g)(2) (Vehicle Inspection--but only as it relates to employee-owned vehicles) (h)(2)(vii) (Backcuts--but only as it relates to backcuts in trees being felled by the Humboldt cutting methods)

I. Background. The Pulpwood Logging Standard applied only to the harvesting of trees used for pulpwood. This revised standard expands coverage to provide protection for all loggers, regardless of the end use of the forest product that they are harvesting (e.g., saw logs, veneer bolts, pulpwood, and chips).

The revised standard incorporates performance requirements that provide flexibility to employers in developing safety and health programs to suit logging operations in all regions of the country. The standard also requires employers to provide training for each employee who has not been trained previously in these matters, as soon as possible, but not later than the effective date of this section. The standard does not require retraining of current and new employees who received prior training in the elements specified in paragraph (i)(3). The standard requires employers to maintain certification of training records which indicate the date of the training completion or the date on which the employer determined that prior training was adequate.

The revised standard addresses hazards unique to logging operations, in addition to hazards covered by other 29 CFR 1910 General Industry Standards. The revised standard strengthens and further clarifies the previous standard and eliminates unnecessary provisions. Compliance with this revised standard will Significantly decrease the number of injuries and fatalities resulting from logging operations.

J. General Inspection Procedures. [Note: Not all provisions and paragraphs are included in this Directive. Refer to the Standard for further guidance on specific subjects and on additional topics not covered here.] The CSHO shall determine whether the following items are in compliance with the revised standard:

1. Personal Protective Equipment (PPE).

a) Providing PPE. The CSHO shall determine through employer/employee interviews whether, except for foot protection, the employer is providing, at no cost to the employee, personal protective equipment which meets the requirements of this section.

b) Serviceability of PPE. The standard requires that the employer assure that all personal protective equipment, including any personal protective equipment provided by an employee, is maintained in a "serviceable condition" and is inspected before initial use during a workshift. If personal protective equipment is not used during a workshift it does not need to be inspected. The employer may delegate the tasks of maintenance and inspection to the employee who uses the personal protective equipment, but ultimately the employer remains responsible. There are different ways in which employers can fulfill their obligation of assuring that personal protective equipment is maintained and inspected. For example, one method an employer can use is informing employees of the maintenance and inspection procedures during training, reinforcing the requirements during regular safety and health meetings, and conducting spot checks of employees who use personal protective equipment.

The standard does not require a written record of inspections.

c) Face Protection. Requirements for face protection only, such as face shields, have been stayed. Other provisions remain in effect.

d) Foot Protection. Requirements for foot protection against chain-saw penetration have been stayed. Other provisions remain in effect.

e) Leg Protection.

i) The CSHO shall determine whether the employer has provided, at no cost to employees operating chain saws, leg protection specified in (d)(1)(iv).

ii) The CSHO shall determine whether each employee using a chain-saw, not just fellers, is wearing leg protection while operating a chain-saw. This requirement applies to any employee who uses a chain saw, no matter what length of time the employer operates it. For example, a machine operator who, while waiting for a load of logs, bucks or limbs a log with a chain saw must use leg protection.

iii) The CSHO shall ascertain whether employees who are working as climbers are wearing leg protection or whether the employer has demonstrated that a greater hazard is posed by wearing such equipment in the particular situation.

iv) The leg protection requirement does not apply to employees operating a chain saw from a vehicular mounted elevating and rotating work platform.

2. First Aid Kits.

a) The CSHO shall determine whether first-aid kits are at each worksite, at each landing, and on each employee transport vehicle.

i) OSHA intends that the requirement that first-aid kits be at each landing applies to only active landings.

ii) First-aid kits at landings and on vehicles shall suffice for the requirement that first-aid kits be at each worksite, provided that the worksite (including all employees involved with that worksite) is located no more than one-half mile from the first-aid kit at the landing or on the vehicle. (For enforcement purposes, first-aid kits which are within one-half mile of a worksite and all the employees at that worksite will normally be considered to be "reasonably accessible" to an injured employee, especially if audio communication is maintained with the landing.) However, where the worksite or employees engaged in logging activities are located farther than one-half mile from the landing or vehicle, sufficient first-aid kits must be taken to that worksite. This is necessary because as worksites and employees are more remote from landings and vehicles it will take more time to get first-aid assistance to an injured employee, especially where the terrain is steep or wet.

b) Requirements for annual review and approval of the contents of first-aid kits by a health care provider have been stayed.

3. Seat Belts. The CSHO shall determine whether each vehicle or machine equipped with Rollover Protective Structure/Falling Object Protective Structure (ROPS/FOPS) or overhead guards, including employee-owned vehicles and machines, has seat belts provided for the operator meeting the requirements of the revised standard.

The employer shall assure that each employee uses the available seat belt while the vehicle or machine is being operated. There are different ways in which an employer can meet this obligation. One method is informing employees of this requirement during training, reinforcing the requirement during regular safety and health meetings, and by conducting spot checks of employees while they are operating vehicles and machines. The CSHO shall determine through employer/employee interviews whether employees are using seat belts whenever they operate a machine or vehicle.

4. Fire Extinguishers. The CSHO shall determine whether the employer provides and maintains portable fire extinguishers on each machine and vehicle involved in logging operations, during both operation and refueling.

5. Work Areas. Through observation and employer/employee interviews, the CSHO shall determine whether adjacent occupied work areas are spaced at least two tree lengths apart and whether the duties of each employee are organized so the actions of one employee will not cause any other employee to be potentially exposed to logging hazards.

The CSHO shall determine whether a distance of greater than two tree lengths is being maintained between adjacent occupied work areas on slopes.

6. Contact with Logging Workers.

a) The CSHO shall determine whether each employee involved in logging operations works in a position or location that is within visual or audible contact with another employee. OSHA intends that the contact requirement apply to each employee working at a logging worksite. OSHA does not intend that the contact requirement apply to employees driving vehicles (e.g., log transport trucks) on public roads.

b) Engine noise, such as from chain saws, is not an acceptable means to "maintain contact".

c) The CSHO shall determine through employer/ employee interviews whether the employer accounts for each employee at the end of each workshift.

7. Signaling and Signal Equipment.

a) The CSHO shall determine whether hand signals or audible contacts, such as, but not limited to, whistles, horns, or radios, are utilized whenever noise, distance, or other factors prevent clear understanding of normal voice communications between logging operation employees.

b) Engine noise, such as from chain saws, is not an acceptable means to "maintain contact" or as a signal.

c) The CSHO shall determine whether signals are given only by a designated employee, except in an emergency. A "designated person" is defined by this standard as an employee who has the requisite knowledge, training and experience to perform the specified duties.

8. Overhead Electric Lines. The CSHO shall determine whether logging operations near overhead electric lines are in compliance with the requirements of 29 CFR 1910.333(c)(3).

This standard applies during line clearing tree trimming operations, where any of the activities within the scope of this standard such as felling etc., are conducted. The Telecommunications Standard at 1910.268 and the Electric Power Generation and Transmission Standard at 1910.269 may apply to logging operations involving tree-trimming, but not the felling of trees.

9. Hand or Portable Powered Tools and Machines. The revised standard requires the employer to assure that each hand and portable powered tool, including each tool provided by an employee, is maintained in serviceable condition and is inspected before initial use during a workshift. If a tool is not used during a workshift it does not need to be inspected. The employer may delegate the tasks of maintenance and inspection to the employee who uses the tools, but ultimately the employer remains responsible. There are different ways in which employers can accomplish their obligation of assuring that tools are maintained and inspected. For example, one method employers can use is informing employees of the maintenance and inspection procedures during training, reinforcing the requirements during regular safety and health meetings, and by conducting spot checks of employees who use tools.

The standard does not require a written record of inspections.

10. Chain Saws.

a.) The CSHO shall determine whether each chain saw placed into initial service after the effective date, including chain saws provided by employees, are equipped with a chain brake and otherwise meet the requirements of the ANSI B175.1-1991 "Safety Requirements for Gasoline Powered Chain Saws." Compliance with the ANSI Standard can be verified by the presence of the manufacturer's label and the UL label on the chain saw.

b.) The CSHO shall determine whether chain saws placed into service before the effective date are equipped with a kickback device, such as a chain brake, bar tip guard, reduced-kickback guide bar, or reduced-kickback saw chain. The CSHO shall determine whether the kickback device is in serviceable condition and has not been removed or disabled.

Note: When chain saw sound levels specified in 1910.95 exceed the requirements of section 1910.95, the employer shall provide and the employee shall wear ear protection in accordance with the requirements of Section 1910.95. The OSHA standard 1910.95 governs for chain saw sound levels, not ANSI B175.1-1991 which provides for higher noise level).

11. Machine Operation.

a.) The employer shall assure that each machine, including each machine provided by an employee, is maintained in a serviceable condition and is inspected before initial use during a workshift. If a machine is not used during a workshift it does not need to be inspected. The employer may delegate the tasks of maintenance and inspection to the employee who uses the machine, but ultimately the employer remains responsible. There are different ways in which employers can accomplish their obligation of assuring that machines are maintained and inspected. For example, one method employers can use is informing employees of the maintenance and inspection procedures during training, by reinforcing the requirements during regular safety and health meetings, and conducting spot checks of employees who use machines.

b.) The standard does not require a written record of inspections.

c.) The CSHO shall determine whether a machine operator manual or set of instructions is maintained within the area where the machine is being operated, and whether each operator and maintenance person is following the manual or instructions. Failure to follow instructions may indicate lack of training or lack of supervision.

d.) The requirement that machines shall not be operated on any slope greater than the maximum slope recommended by the manufacturer has been stayed (Paragraph (f)(2)(iv)).

e.) The requirement that after machine engines are shut down that pressure or stored energy from hydraulic and pneumatic storage devices shall be discharged has been stayed (Paragraph (f)(2)(xi)).

12. Protective Structures.

a) (See Standard for listing of machines covered by this provision.) The revised standard requires that each machine placed into initial service after the effective date be equipped with a falling object protective structure (FOPS) and rollover protective structure (ROPS).

b) The requirement that ROPS meet the requirements of the Society of Automotive Engineers SAE J1040, April 1988, "Performance Criteria for Rollover Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines" has been stayed (Paragraph (f)(3)(ii)). During the stay ROPS may meet other criteria, such as the SAE J1040c 1979 standard on ROPS.

c) The requirements for enclosure of the upper and lower portion of the operator cab have been stayed (Paragraphs (f)(3)(vii) and (viii))

d) The CSHO shall determine whether machines operated near cable yarding operations are equipped with roofs or sheds that provide sufficient protection from breaking cable lines.

13. Overhead Guards. The revised standard requires that each forklift be equipped with an overhead guard which meets the requirements of the American Society of Mechanical Engineers, ASME B56.6-1992 (with addenda), "Safety Standard for Rough Terrain Forklift Trucks." (The preamble of the revised standard mistakenly references the 1987 ASME standard. This reference should be disregarded.) This section does not provide an exception for forklifts placed into service before the effective date of the Standard.

14. Machine Safety Features. The CSHO shall determine whether the following requirements are met:

a) Each machine cab has a second means of egress.

b) Walking and working surfaces of each machine and machine work station have a slip resistant surface to assure safe footing.

c) The walking and working surface of each machine are kept free of waste, debris and any other material that could cause fire, slipping, or falling.

d) The exhaust pipes of machines are equipped with spark arresters. Engines equipped with turbochargers are not required to have spark arresters.

15. Brakes.

a) The revised standard requires that the primary service brakes be sufficient to stop and hold the machine or vehicle and its rated load on the slope on which it is being operated.

b) The requirement that parking brakes be able to stop a machine or vehicle should the primary service brakes fail has been stayed.

c) During the stay, employers must still assure that each machine has a service brake system and a secondary breaking system that is capable of stopping the machine, and a parking brake system that can hold the machine and its maximum load on any slope that the machine is operated.

16. Guarding. The CSHO shall determine whether effective guarding meeting the requirements of subpart O of Part 1910 is installed on each machine and is in place while the machine is in operation in order to protect employees from moving parts.

17. Vehicles.

a) The employer shall ensure that each vehicle is maintained in a Serviceable condition and is inspected before initial use during a workshift. If a vehicle is not used during a workshift it does not need to be inspected. The employer may delegate the tasks of maintenance and inspection to the employee who uses the vehicle, but ultimately the employer remains responsible. There are different ways in which employers can accomplish their obligation of assuring that vehicles are maintained and inspected. For example, one method employers can use is informing employees of the maintenance and inspection procedures during training, reinforcing the requirements during regular safety and health meetings, and conducting spot checks of employees who use vehicles.

b) The requirement that employers assure that employee-owned vehicles are maintained in a serviceable condition and inspected before initial use during a workshift has been stayed.

c) The standard does not require a written record of inspections.

d) The CSHO shall determine whether operating and maintenance instructions are available in each vehicle and whether each vehicle operator and maintenance employee is complying with the instructions.

18. Tree harvesting. The CSHO shall determine whether the following requirements are met:

a) No yarding machine is operated within two tree lengths of any tree which is in the process of being manually felled.

b) No employee approaches manual or mechanical felling operations closer than two tree lengths until the feller or operator, respectively, acknowledges it is safe to do so.

c) Undercuts are made in each tree being felled unless the employer demonstrates that felling the particular tree without an undercut will not create a hazard for an employee.

d) Backcuts are made in each tree being felled.

e) Backcuts are made above the horizontal cut of the undercut when the "conventional" cutting method is used. This requirement does not apply in tree pulling operations. This requirement also does not apply to "open face felling" since there is no horizontal undercut in that cutting method. The requirement that backcuts be above the horizontal cut of the undercut when the "Humboldt" cutting method is being used has been stayed.

f) Bucking and limbing are done from the uphill side unless the employer demonstrates that it is not feasible. When bucking or limbing is done from the downhill side, the tree must be secured with chocks to prevent it from moving.

19. Removal of Danger Trees.

a) The CSHO shall determine whether employees are following safe practices in the removal of danger trees. Safe practices include checking for signs of loose bark, broken branches or limbs, and checking for damage before the danger trees are felled or removed.

b) The revised standard requires that danger trees, including lodged trees, must be felled or removed before other work is commenced in the area of the danger tree. Danger trees may be marked and avoided instead of being felled or removed, provided that no other work is commenced in the area of the danger tree.

c) The standard recommends mechanical felling of danger trees. When other means are used, they must minimize employee exposure. We understand this to mean that felling can be done by such means as having a single, designated, properly trained employee fell the tree.

d) OSHA is not prohibiting removal of a danger tree by felling another one into it.

20. Domino Felling of Trees. The CSHO shall determine whether any employee is practicing the unsafe and prohibited act of harvesting trees by means of domino felling. Domino felling does not include the process of removing a danger tree by felling another one into it.

("Domino felling" is the partial cutting of multiple trees which are left standing and then pushed over with a pusher tree.)

21. Chipping. The CSHO shall determine whether the following requirements are met:

a) Chipper access covers or doors are not to be opened until the drum or disc is at a complete stop.

b) The chipper is shut down and locked out in accordance with the requirements of 29 CFR 1910.147 when an employee performs servicing or maintenance. 1910.147(c)(4)(i) requires the use of a documented lockout procedure and 1910.147(c)(7)(i) requires the training of employees. Unlike 1910.147, however, this standard does not allow the use of tags.

c) Detached trailer chippers are chocked during usage on any slope where rolling and sliding of the chipper is reasonably foreseeable.

22. Training.

a) The CSHO shall determine whether each logging employee is adequately trained, using the following guidelines:

b) All training must be conducted by a "designated person" (refer to the standard for definition).

c) The employer must certify the training of employees involved in logging operations.

d) The training being provided to employees must meet the requirements specified in paragraph (i)(3).

e) Safety and health meetings must be held at least each month. The revised standard allows the safety and health meetings to be conducted individually, in crew meetings, in larger groups, or as part of other staff meetings.

f) Each employee must have received training in first aid within the last three years and in CPR within the last twelve months. The employer is not required to provide the training but rather to ensure that the employee's first-aid and CPR training and/or certificate of training remain current.

g) Training materials used must be appropriate in content and vocabulary to the educational level, literacy, and language skills of the employees being trained. For example, that could include the availability of training material and instructions in the native language of the non-English speaking employee.

h) The revised standard provides exceptions from the training requirements for current and new employees who have previously received training meeting the requirements of this standard. Where the employer elects to rely on the previous training rather than retraining an employee, the employer must certify the date on which the employer determined that the previous training was adequate. New employees must work under the close supervision of a designated person until the employee demonstrates the ability to safely perform their duties independently. The date of the demonstration will suffice for the date on which the employer determined prior training was adequate.

i) The CSHO shall determine through employer/employee interviews whether new employees and newly-trained employees work under the close supervision of a "designated person" (see paragraph (J)(8) of this directive for definition) until the employee has demonstrated that ability to safely perform the job independently.

K. Stayed Provisions. Review Appendix A (OSHA Notice: Final Rule, partial stay in enforcement) for further clarification on stayed provisions and effective dates discussed herein.

Joseph A. Dear Assistant Secretary

DISTRIBUTION: National, Regional, and Area Offices All Compliance Officers State Designees NIOSH Regional Program Directors 7 (c) (1) Consultation Project Managers OSHA Training Institute

OSHA Notice: Final Rule (1910.266), Partial Stay of Enforcement

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-048]

Logging Operations

AGENCY: Occupational Safety and Health Administration (OSHA).

ACTION: Final rule; partial stay of enforcement.

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SUMMARY: On October 12, 1994, the Occupational Safety and Health Administration (OSHA) issued a new standard for logging operations (59 FR 51672). This notice stays enforcement of the following paragraphs of Sec. 1910.266 until August 9, 1995: (d)(1)(v) insofar as it requires foot protection to be chain-saw resistant; (d)(1)(vii) insofar as it requires face protection; (d)(2)(iii) for first-aid kits that contain all the items listed in Appendix A; (f)(2)(iv); (f)(2)(xi); (f)(3)(ii); (f)(3)(vii); (f)(3)(viii); (f)(7)(ii) insofar as it requires that parking brakes be able to stop the machine; (g)(1) and (g)(2) insofar as they require inspection and maintenance of employee-owned vehicles; and (h)(2)(vii) insofar as it precludes backcuts at the level of the horizontal cut of the undercut when the Humboldt cutting method is used.

DATES: Effective on February 9, 1995. The partial stay will expires on August 9, 1995. The remaining requirements of Sec. 1910.266 are unaffected by this document and will go into effect as scheduled on February 9, 1995, or as otherwise provided in the Final Rule.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, Office of Information and Consumer Affairs, Occupational Safety and Health Administration, Room N-3637, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210, (202) 219-8148.

SUPPLEMENTARY INFORMATION: On October 12, 1994, OSHA issued a final rule governing worker safety in logging operations. Among other things, this rule included requirements for: personal protective equipment; first aid kits at logging work sites; machine stability and slope limitations; discharge of hydraulic and pneumatic storage devices on forestry machines; protective structures on machines; machine braking systems; vehicle inspection and maintenance; and tree harvesting. Several parties have raised questions about certain aspects of these requirements. After considering their questions, the Agency has determined that a six-month delay in the effective date of some of the provisions is appropriate in order to allow time for it to clarify language in the regulatory text so that it most adequately expresses its intent with respect to some of these provisions, and to provide additional information on other provisions.

Stay of Enforcement of Certain Provisions of Sec. 1910.266

Paragraph (d)(1)(v)--Foot protection. The final logging standard requires [[Page 7448]] employees to wear foot protection, such as heavy-duty logging boots, that among other things, protect against "penetration by chain saws." Some interested persons have misinterpreted this provision to require steel-toed boots, although the preamble to the final rule explained that the rule does not require steel-toed boots.

OSHA has decided to grant a six-month delay in the effective date of the portion of this provision that requires that foot protection be chain-saw resistant. (The remaining requirements of the foot protection provision will go into effect as scheduled on February 9.) This delay will enable OSHA to review the logging community requirements on available foot protection, including many types of heavy-duty leather logging boots currently used, kevlar boots, and foot coverings that provide adequate chain saw resistance. Finally, this delay will allow greater availability of new products that manufacturers are developing in response to the standard.

Paragraph (d)(1)(vii)--Eye and face protection. The logging standard requires loggers to wear eye and face protection meeting the requirements of OSHA's general personal protection equipment (PPE) standards when there is a potential for injury due to falling or flying objects. Some interested persons have interpreted this provision to require both eye and face protection in all cases.

OSHA has decided to grant a six-month delay in the effective date of this provision to the extent that it requires face protection. (The current effective date of February 9 will continue to apply to the eye protection requirement.) The delay will allow OSHA to clarify what the standard requires, and to better inform employers about available face protection that does not limit worker vision.

Paragraph (d)(2)(iii)--Annual approval of first-aid kits by a health care provider. Paragraph (d)(2) states that employers mut provide and maintain adequate first-aid kits at each worksite, and that the number and contents of the kits must be reviewed annually by a health care provider. Some interested persons have interpreted the standard to require that a doctor inspect each kit annually.

OSHA has decided to grant a six-month delay in the effective date of the provision requiring annual health care provider review. The requirement that first-aid kits contain at least the items listed in Appendix A (paragraph (d)(2)(ii)) will go into effect as scheduled on February 9, 1995. During this period, OSHA will revise the statutory language to clarify its original intent.

Paragraph (f)(2)(iv)--Slope limitations on machine operation. This rule states that logging machines shall not be operated on any slope greater than the maximum slope recommended by the manufacturer. Some parties have interpreted this provision to require manufacturers to specify maximum slopes that would be applicable in all field situations. OSHA is granting a six-month stay of this provision to clarify this point.

Paragraph (f)(2)(xi)--Discharge of stored energy from machine hydraulic and pneumatic storage devices. This provision requires that pressure or stored energy from hydraulic and pneumatic storage devices be discharged after the machine engine is shut down. Some parties have interpreted this provision to require discharge of air and water from all machine components, even when the presence of air or water pressure will not create a hazard for any employee. OSHA is granting a six-month delay in order to clarify this point.

Paragraph (f)(3)(ii)--Machine rollover protective structures. The final rule requires that all rollover protective structures (ROPS) be installed, tested and maintained in accordance with the Society of Automotive Engineers (SAE) J1040, April 1988, performance criteria for rollover protective structures (ROPS). OSHA has learned that some logging equipment currently in production has not yet been designed to meet the 1988 SAE criteria document. OSHA has decided to delay the effective date of this requirement for six-months in order to determine whether any additional extension may be appropriate.

Paragraph (f)(3)(vii) and (viii)--Machine operator cab protective structures. These provisions require that the lower portion of the operator's cab be enclosed with "solid" material that will prevent objects from entering the cab. Some parties have interpreted this provision to encourage the use of materials like steel plating that may restrict the operator's field of vision. OSHA is granting a six-month delay in the effective date of this provision in order to clarify this requirement.

Paragraph (f)(7)(ii)--Machine braking systems. This provision requires that each machine be equipped with "a secondary braking system, such as an emergency brake or a parking brake, which shall be effective in stopping the machine and maintaining parking performance." OSHA has since learned that the terminology used in this provision is inconsistent with that used by some manufacturers. These manufacturers consider a secondary braking system to be a subsystem of the service brake system and that each subsystem should be capable of stopping the machine even though the other subsystem fails. The parking brake system is not designed to stop the vehicle in motion but rather to restrain it once movement has stopped; thus it is not considered a secondary system.

OSHA is granting a six-month delay in this provision only to the extent that it requires that parking brakes be able to stop the machine. During this period, employers must still assure that each machine has a service brake system that is capable of stopping the machine and a parking brake system that can hold the machine and its maximum load on any slope that the machine is operated. OSHA will revise the terminology in this provision to clarify its intent.

Paragraph (g)(1) and (2)--Inspection and maintenance of employee- owned vehicles. These provisions require that any vehicle used off public roads at logging work sites or to perform any logging operation, including employee-owned vehicles, be maintained in a serviceable condition. Some parties have interpreted this provision to require logging employers to inspect and maintain all vehicles, including those employee-owned vehicles that they allow on their logging sites.

OSHA is granting a six-month delay in the effective date of these provisions insofar as they apply to employee-owned vehicles. The additional time will enable OSHA to reexamine the record on this issue and clarify its intent of the standard.

Paragraph (h)(2)(vii)--Backcuts. This rule requires that backcuts be above the horizontal line of the undercut. OSHA is aware that when loggers use the Humboldt cutting method, in which the diagonal cut is below the horizontal cut of the undercut, the backcut is at the level of the horizontal cut. The Agency is granting a six-month delay in the effective date of this provision only to the extent that the rule does not permit loggers using the Humboldt method to place the backcut at the level of the horizontal cut. (OSHA emphasizes that backcuts may never be made below the horizontal cut.) OSHA will reexamine the record on this issue.

III. Authority

This document was prepared under the direction of Joseph A. Dear, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.

The actions in this document are taken pursuant to sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR part 1911.

Signed at Washington, DC., this 2nd day of February, 1995.

Joseph A. Dear,

Assistant Secretary of Labor.

For the reasons set forth above, 29 CFR part 1910 is hereby amended as follows:

PART 1910--[AMENDED]

1. The Authority citation for subpart R of 29 CFR part 1910 continues to read as follows:

Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable.

Sections 1910.261, 1910.262, 1910.265, 1910.266, 1910.267, 1910.268, 1910.272, 1910.274, and 1910.275 also issued under 29 CFR part 1911.

Section 1910.272 also issued under 5 U.S.C. 553.

2. A note is added at the end of Sec. 1910.266, to read as follows:

1910.266 Logging operations.

* * * * *

Note: In the Federal Register of February 8, 1995, OSHA stayed the following paragraphs of Sec. 1910.266 from February 9, 1995 until August 9, 1995:

1. (d)(1)(v) insofar as it requires foot protection to be chain- saw resistant.

2. (d)(1)(vii) insofar as it requires face protection. 3. (d)(2)(iii). 4. (f)(2)(iv). 5. (f)(2)(xi). 6. (f)(3)(ii). 7. (f)(3)(vii). 8. (f)(3)(viii). 9. (f)(7)(ii) insofar as it requires that parking brakes be able to stop the machine.

10. (g)(1) and (g)(2) insofar as they require inspection and maintenance of employee-owned vehicles.

11. (h)(2)(vii) insofar as it precludes backcuts at the level of the horizontal cut of the undercut when the Humboldt cutting method is used.

[FR Doc. 95-3041 Filed 2-7-95; 8:45 am]