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Text from the OSHA Logging PreambleText from the OSHA Logging Preamble

Section IV: Major Issues

A. Introduction

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5. Visual and audible contact. In the hearing notice OSHA requested comment on the maximum time and/or distance separation between employees. In the proposed rule, OSHA included a requirement that employees work within visual or audible contact of another employee, so that someone would be able to respond quickly in case of an accident or other emergency. The proposed rule prohibited the use of engine noise, such as from chain saws, as a means of contact. Various State logging standards also prohibit the use of chain-saw noise as a means of signaling (Ex. 2-17, 2-18, 2-19, 2-21, 2-22, 38J, 38K).

OSHA received many comments on the contact and signaling provisions. Many commenters testified that the proposed contact requirement is necessary (Ex. 5-14, 5-17, 5-27, 5-74 through 5-92, 9-2, 9-3, 9-5, 9-13; Tr. W2 197-98). One commenter said:

We think that visual or audible contact is important and will save lives. There are also electronic devices, some sophisticated and some like citizen band radios, that can be used by forest workers to maintain audible contact by electronic means. We recommend that the existing proposed language be retained but modified perhaps to allow audible contact by electronic means (Tr. W2 197-98).

Certain commenters urged OSHA to make the contact requirement stricter than that proposed. One commenter said employees in solitary jobs also need to remain in contact and, therefore, should be provided with two-way radios (Ex. 9-15). Another commenter said OSHA should require employees to remain within visual contact of another crew members (Ex. 9-20). Finally, two commenters recommended that OSHA require employees to work within normal hearing or calling distance of another employee (Ex. 9-19; Tr. OR 679-81).

However, several commenters expressed various concerns about the contact provision, and particularly the prohibition against chain-saw noise as a means of contact. First, some participants said the requirements would have an adverse impact on small employers, especially employers with work crews consisting of three or fewer loggers (Ex. 5-21, 5-28, 5-35, 5-49, 5-53, 5-54, 5-70). For example, one commenter said:

This requirement may adversely affect the livelihood of many small-scale loggers in the South who may work alone in the woods, or operate a single mobile ground skidder or felling machine and are frequently out of contact with other phases of the logging operation (Ex. 5-28).

Another commenter stated:

This requirement would not be practical for several reasons:

  1. there are a number of logging contractors that work alone,
  2. log crews with two or three members are often out of contact because the great distance between the faller and log header,
  3. even at close range, visual and audible signals are attenuated by thick brush and loud machinery.

My experience has been loggers will keep track of their fellow workers the best they can but, due to the nature of the job, individuals will be separated for certain lengths of time. To require loggers to be within signaling distance of one another will preclude the existence of one and two man log crews, working in thick brush, working in hilly topography, skidding long distances, the use of ear plugs or working with loud machines (Ex. 5-70).

Second, some commenters believed the contact requirement conflicted with the proposed requirement to maintain a distance of two tree lengths between work areas (Ex. 5-12, 5-29, 5-4, 5-67, 5-70). These commenters said that a separation of two tree lengths between work areas might make it impossible to maintain contact due to saw noise and obstructions such as hills or vegetation. One commenter explained:

If this code goes through and is enacted, it would change the timber falling industry in Alaska. Southeast Alaska is a relatively new geological area. We work on steep ground that is broken up by draws, gullies, cliffs. We have our timber fallers work together as partners. One works in one strip or one area of the hillside and the other one works in another area of the hillside. For safety reasons, our company requires that they work at least three tree lengths apart. And often with the broken up terrain, that precludes visual contact (Tr. OR 353).

Third, comments were received on the prohibition of chain-saw noise as a signaling device. Some participants supported the prohibition (Ex. 5-27, 5-34, 5-42). Other commenters argued that chain-saw noise is currently being used as a means of contact in the logging industry and should be allowed in the final rule (Tr. W1 65; OR 86, 353-55, 356-58, 384-85, 694-96). For example, one commenter said the sound of chain saws is an indicator that someone is working at a specific location (Tr. W1 65). Another commenter stated:

[W]e have been counting on chain saw noise for years. Chain saw noise is possible, and by the way, that's my most dangerous part of my job is to do a safety inspection or to go up and check on cutters in a strip, to approach cutters. And I listen to the saw. And I can tell when they are putting a cut into a standing tree or bucking a log with the chain saw noise. If we are not allowed to use chain saw noise as audible contact, that means we may have to go back to double jacking which is a faller and a bucker working in tandem (Tr. OR 353-55).

This participant also said that chain-saw noise should also be permitted because 103-decibel chain-saw engines render 92-decibel personal alarm systems inadequate as means of audible contact (Tr. OR 355).

Fourth, several commenters urged OSHA to adopt various alternatives and modifications to the proposed contact requirement (Ex. 5-54, 5-55; Tr. OR 670-81). For example, commenters suggested that OSHA replace the contact provision with a "check-in" requirement:

In West Virginia, a cutting crew often consists of a worker who fells and limbs the trees and a worker who operates a skidder. Consequently, it is often necessary that the feller be left alone in the woods, without audible or visual contact with another worker, for short periods of time while the skidder operator is making the trip to the log landing. Also, it is common practice for workers to be constantly checking on one another. Upon his return from the landing, the skidder operator immediately checks on the feller; and, the feller, if the skidder operator does not return in the normal time span, will check on the skidder operator.

Considering the common small cutting crew size, the practice of constantly checking on one another, and the difficulties involved in using an audible signal capable of being heard over distances, over machine noise, and through hearing protection devices, it is our recommendation that this aspect of the Standard be changed to allow a worker to be out of "visual or audible signal contact with another person" for short periods of time. Due to the normal time involved for transporting a skidder load to the landing, unhooking, and returning, we recommend that this short time period be established at 20 minutes (Ex. 5-54).

Other commenters also suggested that OSHA allow employees to be out of contact from other employees for short periods of time (e.g., 15 to 20 minutes, the time to take a load to the landing and return) (Ex. 5-54; Tr. OR 670-81).

OSHA has decided in the final rule to retain the requirement that employees work within visual or audible contact of another employee. As discussed above, most commenters indicated that remaining in contact is important to the safety of loggers. Several commenters said that supervisors use chain-saw noise to identify where and whether an employee is working. However, they did not provide evidence that chain-saw noise provides an effective means of communicating information from the employee or from the supervisor. For example, data and information available to OSHA indicates that even though chain-saw noise is currently used as a means of maintaining contact, there are still reports from OSHA case file investigations of loggers being injured and not being discovered until after the shift has ended (Ex. 1). In addition, chain-saw noise does not provide the cutter with an adequate means of communicating with others in the event they have become injured or are in other trouble. Since all chain-saw noise indicates is whether an employee is working, the cutter must wait until another employee recognizes that the lack of noise means the cutter needs assistance. This may delay rendering that assistance. OSHA believes the cutter, not just the supervisor, needs to have a method for communicating when necessary. Radios and telephones are modern communication methods that are increasingly used in this logging industry. These methods, unlike chain-saw noise, provide immediate two-way communication.

Although OSHA has decided to retain in the final rule the prohibition against use of chain-saw noise alone as a means of contact, the final rule does provide employers with a great deal of flexibility in maintaining contact with employees. First, permitting radio communication to be used as a means of contact allows contact to be maintained while at the same time maintaining a two tree-length distance between adjacent occupied work areas. Second, permitting contact to be maintained by radio or whistles allows employees to work alone rather than limiting employees to working in teams that are within visual distance of each other. Allowing radio contact will also provide flexibility for small radio crew operations when visual or voice contact may not be possible. Third, OSHA also believes that permitting radio contact will not be unduly burdensome for the industry since many companies already are utilizing electronic communications (Ex. 5-27; Tr. W2 227).

With regard to the issue of equipment noise preventing radio communication, OSHA notes that radios are available with ear phones that fit inside hearing protection muffs. Where such ear phones and hearing protectors are provided, equipment noise will neither interfere with communication nor should result in occupational hearing loss.

Because contact may be maintained by radio, OSHA has removed the exception to the contact requirement for "single employee assignments." OSHA believes that radio communication already is necessary in order for many of those single employee jobs to be performed (e.g., watchman). As such, OSHA does not believe that extending the radio contact requirement to all logging operations will unduly burden employers, while at the same time it will provide important protection for all loggers.

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