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
APPENDIX A
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]
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