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Text from the OSHA Logging Preamble Text from the OSHA Logging Preamble

Section V: Summary and Explanation of the Final Standard

Paragraph (d) General Requirements

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Foot protection. At paragraph (d)(1)(v) of the final rule, OSHA is requiring that the employer assure that each employee wear foot protection, such as heavy duty logging boots. This provision requires that the foot protection be waterproof or water repellant, cover and provide support for the ankle, and protect the employee against chain-saw penetration. This paragraph allows employees to wear sharp, calk-soled boots, or other slip-resistant boots, when the employer demonstrates that they are necessary for the job, terrain, timber type, or weather conditions. However, this alternative foot protection must otherwise meet the requirements of this paragraph.

OSHA notes that when the logging boot itself does not provide protection from penetration by a chain saw, the employee must use some additional foot protection, such as a foot cover, to provide that necessary protection. Information in the record indicates such devices are commercially available in the logging industry, therefore, this provision should not prove burdensome (Ex. 5-14).

Both the proposed and pulpwood logging standards contained provisions requiring that safety boots or shoes (excluding low cut shoes) meet ANSI Safety Standards for Men's Safety-Toe Footwear. The proposal also would have allowed heavy duty logging style boots with lug or calk soles to be worn when they are appropriate for the job, the terrain, the timber type and weather conditions. Several State logging standards also require that employees wear logging boots (Ex. 2-17, 2-19, 2-20, 2-22, 2-23, 38K).

While there was considerable comment on the proposed safety boot requirement, commenters generally supported the need for a safety boot provision (Ex. 5-11, 5-17, 5-19, 5-24, 5-27, 5-28, 5-29, 5-33, 5-43, 5-50, 5-51, 5-54, 5-55, 5-63, 5-67, Tr. W1 63, 110, W2 115, 139). OSHA received the most comment on the issue of who must provide and pay for the safety boots. That issue has been discussed at length above in the Major Issues section.

OSHA also received considerable comment opposing the incorporation of the ANSI Z41.1 standard on safety shoes (Tr. W1 147-148). Commenters from cold climate areas, such as Alaska, northern Washington, Idaho and Montana, opposed the proposed requirement because they contended that the steel toes transmit the warmth produced by their feet, thereby encouraging the onset of frostbite.

For several reasons, OSHA has used performance criteria rather than incorporating by reference any foot protection standard. First, the ANSI standard permits low-cut shoes that do not cover the ankle or provide ankle support. Second, the ANSI foot protection standard is a testing rule for steel toes of safety shoes. While falling objects may pose a hazard for logging employees, the greater hazard is penetration of the boot by a chain saw. The ANSI standard does not address this hazard and it does not provide adequate protection to the entire foot, which is necessary. In addition, as discussed above, steel-toed boots may cause problems for loggers working in extreme cold. OSHA received comment about efforts to develop, manufacture and market protective footwear with fiberglass rather than steel toes, but there is no accepted standard yet. Third, the ANSI standard does not address hazards that are unique to the logging industry, such as wet conditions and penetration of the boot by a chain saw. Fourth, there is no evidence in the record of any other consensus standard regarding logging boots. OSHA is aware of efforts by various organizations and associations, in conjunction with the American Society of Testing and Materials (ASTM), to develop test standards for personal protective equipment that is intended to apply directly to loggers and the logging industry. These standards would be similar to the various Canadian PPE standards developed by the Safety and Engineering Program Laboratory Services (IRRST) (Ex. 5-72).

Instead, the Agency has specified that logging boots that meet certain performance criteria must be worn by each employee. OSHA has reviewed the rulemaking record and determined some of the most important performance characteristics that are needed in order to deal with particular hazards that are present in logging operations (e.g., steep and uneven terrain, wet and cold weather, chain-saw kickback). For example, two hearing participants testified that logging boots must provide ankle support for the employee (Tr. W1 147, OR 222). Coverage and support of the ankle is necessary to protect against lacerations and to prevent ankle injury when navigating the rugged terrain that characterizes much of the logging environment. One commenter also said that logging boots must be waterproof or water repellent so that the logger would not be exposed to getting trench foot or immersion foot (Tr. W1 147). Finally, commenters said logging boots must provide protection against penetration by a chain saw if contact is made with the boot (Tr. W1 148, 195, W2 139).

Several commenters also supported the proposed provision allowing lug or calk-soled boots to be used (Ex. 5-19, 5-28, 5-29). These commenters said that working conditions varied too greatly to require the use of one type of boot sole for all logging regions. For example, one commenter said that calk boots are considered essential for safe and secure walking on steep western forest terrain (Ex. 5-28). Another commenter stated that there are situations in the south where smooth soled boots are adequate (Ex. 5-29). In addition, this commenter said that there are conditions when calk boots might pose a greater danger, such as a machine operator who is continuously mounting and dismounting a machine via steel platform steps where the calk boots could result in slipping or falling. As a result, this commenter said that calk and sharp-soled boots should be limited to those situations when the type of logging operation, terrain, timber size or weather conditions make their use appropriate. The U.S. Department of the Interior also commented that calk-soled boots may contribute to certain types of logging injuries, such as knee injuries (Ex. 5-50). Based on these comments, OSHA specifically allows sharp, calk-soled boots or other slip-resistant type boots to be worn, provided the employer can demonstrate such boots are needed for the employee's job, the terrain, the timber type or the weather conditions.

In order for the employer to demonstrate that such footwear is necessary, the employer must prove that three conditions are met: (1) that the footwear is appropriate for use in the work environment; (2) the employee's duties require him/her to work where the footwear is needed; and (3) that the use of the alternative footwear does not make the work less safe. For example, if the area where the logging is being done is moist to wet and has a dense leaf cover, the use of calk-soled boots (boots with spiked soles) would provide the logger with additional traction when walking and working on that ground cover. On the other hand, such footwear is not appropriate when a machine operator spends little time working on the ground (even if the same conditions as described above prevail) since spikes make frequent mounting and demounting of the machine more hazardous. OSHA recognizes that slips, trips and falls are a major source of injury in the logging industry, accounting for one third of the injuries to loggers (Ex. 2-1).

OSHA is also requiring that when an employee wears calk-soled logging boots, the other foot protection requirements of this paragraph must also be met. OSHA is aware that most calk-soled boots do not have steel-toes or other devices that prevent penetration by a chain saw. However, OSHA is also aware that calk-soled boots are worn primarily by fellers and buckers operating chain saws on steep terrain. Evidence in the record indicates that a vast majority of loggers in western States, where the terrain is steep, wear calk-soled boots (Ex. 2-1). However, even in those States, almost 20 percent of all injuries reported in the WIR survey involved chain saws. The vast majority of these injuries happened when the logger was struck by the chain saw. Therefore, OSHA believes that it is necessary that even when an employee wears calk-soled boots, he must also have foot protection providing protection against chain-saw penetration. As stated above, when the boot itself does not provide that protection, the employee must wear some other device that will provide the needed protection. The record shows there are such devices currently available on the market, therefore, OSHA does not believe this additional requirement will be unduly burdensome (Ex. 5-14).

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