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Text from the OSHA Logging Standard Amendment issued September 8, 1995 in the Federal Register Text from the OSHA Logging Standard Amendment issued September 8, 1995 in the Federal Register

Paragraph (g)(1) and (2) -- Maintenance and Inspection of Employee-Owned Vehicles

The revised logging rule required employers to assure that any vehicle used off public roads to perform any logging operation, including transporting employees, be maintained in a serviceable condition and be inspected before it is used during a work shift. OSHA agreed to reconsider the maintenance and inspection requirements as they pertained to employee-owned vehicles and stayed the requirements for six months.

OSHA explained in the preamble to the final rule that it was aware that logging employees operate vehicles on private roads or on private property where there may be no roads or only rugged trails. The WIR survey shows that vehicle operators and employees riding in such vehicles are being injured in vehicle accidents where employees are being asked to drive vehicles over terrain that may be quite hazardous (e.g., extremely muddy, steep, and unlevel). For example, according to the WIR survey, there were 33 mobile equipment accidents resulting in employee injury during the three-month survey period (Ex. 2-1). Of these, 24 (72 percent) occurred during other than skidding or yarding operations (Ex. 2-1). In addition, the WIR survey reported 34 injuries on employer-built roads during the same period (Ex. 2-1).

Based on the record evidence, OSHA determined that it was important that logging employees on and between logging sites only drive vehicles that are in proper condition and of the appropriate type for the terrain in question. Because many employers require or permit employees to drive their own vehicles over this terrain to reach the logging work site, OSHA applied the inspection and maintenance requirements to these vehicles as well. However, OSHA is also aware, and others have pointed out, that most States do have periodic vehicle inspection requirements. These inspections are more detailed and comprehensive than the inspection contemplated by the logging rule. As such, OSHA believes that such inspections are adequate, at least with regard to employee-owned vehicles, and that imposing additional vehicle inspection requirements on logging employers is unnecessary. Therefore, OSHA is revising the final rule to apply the vehicle inspection and maintenance requirements only to vehicles which the employer owns, rents or leases. OSHA has done this by revising the definition of "vehicle" covered by the final rule. OSHA also notes that the employer has the duty to provide safe access to the worksite.(9)

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Footnote(9) OSHA is deleting from revised paragraphs (g)(1) and (g)(2) specific reference to application of vehicle maintenance and inspection requirements to vehicles used to transport employees. Since transportation of employees to, from and between logging sites off public roads is included in the definition of logging operations, OSHA believes it is not necessary to repeat the reference in these provisions.

With regard to inspections of vehicles, as well as other equipment covered by the final rule such as personal protective equipment, tools, and machines; OSHA never intended that the employer must conduct the actual inspection of such equipment. The compliance directive clarifies that employers may delegate to others, including employees using the items, the performance of inspection and maintenance tasks; but ultimately the employer remains responsible for safe equipment at the workplace. There are different ways in which the employer can assure that equipment is properly maintained and inspected. Employers can inform employees of maintenance and inspection procedures during training, reinforce the requirements during regular safety and health meetings, and conduct spot checks of equipment.

Finally, OSHA notes in the compliance directive that equipment inspection requirements in the final rule apply only if the equipment is used during the work shift. If it is not to be used, it does not need to be inspected.

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