Text from
the OSHA Logging Standard Amendment issued September 8, 1995 in the Federal RegisterParagraph
(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)
__________
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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