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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 (g) Vehicles

At paragraph (g) of the final rule, OSHA has included various requirements regarding vehicles when used off public roads in logging operations. OSHA has decided to include a separate paragraph on vehicles in this final rule because of the confusion commenters said existed in the definition and requirements regarding "mobile equipment" verses "motor vehicles" in the proposed rule (Ex. 5-16, 5-18, 5-19, 5-22). Certain of the proposed provisions on vehicles were limited to personnel transport vehicles. In the final rule, OSHA has defined vehicles to include trucks and trailers used to transport logs and machines, as well as personnel transport vehicles. Therefore, the provisions covering vehicles apply to all vehicles used in any logging operation. OSHA believes that the reasoning and explanation supporting the need for protection for those in personnel transport vehicles also apply to operators and passengers of other vehicles.

OSHA received some comment that employee-provided vehicles should be excepted from the standard's vehicle requirements (Ex. 5-21, 5-36, 5-39). OSHA has not distinguished between employer-provided and employee-provided equipment anywhere in this standard. OSHA believes that when any equipment is used in logging operations, the employer is responsible for assuring that it is in proper working condition. However, this final standard does not address the personal vehicle an employee drives on public roads. By contrast, when the employer allows employees to use their own vehicles to transport themselves and other employees off public roads to and from logging work sites rather than providing such transportation, those vehicles are exposed to the unique hazards of logging operations. Such vehicles must be adequately equipped and properly running, just as employer provided vehicles must be, in order to cross what may be difficult terrain and other hazardous conditions encountered enroute to and from the logging site. The OSH Act imposes on the employer the responsibility for compliance with standards and for assuring safe conditions in the workplace, even if the employee provides the vehicle for the logging operation.

OSHA believes it is necessary in the final rule to specify requirements for vehicles used to transport employees off public roads and vehicles used to perform logging operations. The record shows that a number of injuries and fatalities have occurred in the logging industry that involve vehicles (Ex. 2-1, 4-61, 4-129).

At paragraphs (g)(1) and (g)(2), OSHA is requiring the employer to assure that each vehicle used to transport employees off public roads or to perform any logging operation, including vehicles provided by employees, is maintained, and is inspected before initial use during a workshift. These provisions also require that defects or damage be repaired or the vehicle be replaced before work is started. These are the same general maintenance and inspection as required for machine and tools. OSHA believes that the explanation and reasoning for including these provisions in the paragraphs covering PPE, tools and machine apply here as well. (See discussion above of paragraphs (d)(1)(i), (d)(1)(ii), (e)(1)(i), (e)(1)(ii), (f)(1)(i), and (f)(1)(ii).)

OSHA has included paragraphs (g)(1) and (g)(2) in the final rule in an effort to clarify its proposed intention. As stated above, commenters said it was not clear in the proposed rule whether the definition of "mobile equipment" included both machines and vehicles, and therefore, whether the general maintenance and inspection requirements applied to both types of equipment. "Mobile equipment" was defined in the proposal as that kind of equipment that includes mobility as a part of its work function. In the final rule, OSHA is defining machines and vehicles separately, and placing the requirements governing each in different paragraphs. In making these clarifications, however, the Agency emphasizes that all mobile equipment used in logging operations, whether vehicles or machines, must operate properly, and that maintenance and inspections are needed to assure that only properly functioning mobile equipment is used.

Paragraph (g)(3) of the final rule requires that the employer assure that operating and maintenance instructions are available in each vehicle. This provision also requires that each vehicle operator and maintenance employee comply with the instructions. These are the same provisions as required for machines. OSHA believes that the explanation and reasoning for including these provisions in the paragraph covering machines applies to vehicles as well. (See discussion above of paragraph (f)(1)(iii).)

Paragraph (g)(4) of the final rule requires that the employer assure that each vehicle operator has a valid operator's license for the class of vehicle being operated. This provision applies to all vehicle operators, not just employees who operate personnel transport vehicles. The proposal applied the licensing requirement only to personnel transport vehicle operators and no comments opposing the requirement were received.

OSHA believes that it is also essential that an employee operating any type of vehicle possess a current license for that vehicle. Any employee operating a vehicle for logging operations needs to have met the necessary qualifications and shown that they have operated the vehicle in a manner responsible enough to maintain a current license. This provision ensures that the employee has the proper kind of license for the type of vehicle being operated and the load being carried.

Paragraph (g)(5) of the final rule requires that mounting steps and handholds be provided on each vehicle whenever it is necessary to prevent an employee from being injured while entering or leaving the vehicle. The proposed rule specified that mounting steps and handholds be provided for every personnel transport vehicle. The 1978 ANSI logging standard also contained a similar provision.

One commenter opposed applying this provision to pickup trucks (Ex. 5-51). This commenter said steps would rip off of high center pickup trucks during the ride. In addition this commenter said that steps would prevent access of fire fighting vehicles to roads that have water barriers or speed bumps. OSHA does not believe the record supports the exceptions recommended by the commenter. First, according to the WIR survey, 13 percent of all injuries resulted from falls from vehicles (Ex. 2-1). Second, there are mounting steps for vehicles used in logging operations that can be retractable or high enough to prevent contact with the ground while the vehicle is moving. In addition, the record does not indicate that there are many speed bumps on logging roads. OSHA is aware that mounting steps and handholds may not be necessary for every vehicle. OSHA is only requiring mounting steps when there is a danger that an employee could be injured while entering or leaving the vehicle without being provided with such assistance.

Paragraph (g)(6) of the final rule requires that each seat be securely fastened to the vehicle. The final rule adopts the proposed requirement and applies it to all vehicles used in logging operations. The 1978 ANSI logging standard also contained this requirement. OSHA did not receive any comments opposing this provision.

Paragraph (g)(7) of the final rule requires applies the requirements of paragraphs (f)(2)(iii), (f)(2)(v), (f)(2)(vii), (f)(2)(x), (f)(2)(xiii) and paragraph (f)(7) to each vehicle used to transport any employee off public roads or to perform any logging operation, including any vehicle provided by an employee. OSHA believes these general work practices and brake requirements are necessary to prevent accidents involving vehicles as well as machines. OSHA believes the reasoning and explanation for including these general provisions in the paragraph covering machines applies here as well.

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