January 29, 1996

MEMORANDUM FOR:     R. DAVIS LANE
                   Regional Administrator

FROM:               JOHN B. MILES, Jr. 
                   Director of Compliance Programs

SUBJECT:            Request for Compliance Assistance Regarding the
                   Enforcement of 29 CFR 1910.266

After the Agency published the final logging rule, the Equipment Manufacturer's Institute sued OSHA about a number of issues related to logging machines. They never raised this particular issue. Hence, OSHA is requiring that all machines have two means of egress from the cab.

Employers who own logging machines that do not have a second means of egress have several options other than making a costly investment to purchase a new machine. They can use or install a hinged window, push-out window, or zip-out window, as long as the material used provides protection from penetrating objects which is equivalent to mesh material. They can also retrofit the machine with a second door or exitway built into the machine cab. It is important that we stress to employers the need to assure that the retrofitting does not adversely affect the function or performance of the rollover protective structure. We recommend that the employer contact the manufacturer for advice and hopefully approval about the best way to accomplish the retrofit.

The current logging standard does not grandfather any machines for purposes of this particular requirement. If you have any further questions about this matter, please contact Russelle McCollough at 202-219-8031.