Text from the OSHA Logging Standard Amendment issued
September 8, 1995 in the Federal Register Paragraph (d)(5) --
Environmental Conditions
The final rule requires that employees terminate work and move to a safe location where
environmental conditions may endanger them in that work or at a given location. While OSHA
cannot specify every environmental condition that might necessitate employees moving to a
place of safety, OSHA did provide a list of certain types of conditions that would create
hazards for employees working in the area.
After publication of the final rule, OSHA was told that the provision was too broad and
did not provide adequate instruction for compliance officers because it included
conditions which did not pose a real possibility of danger for logging employees. However,
OSHA believes that the final rule included clear examples of environmental conditions
which would be considered dangerous for an exposed employee. Paragraph (d)(5) specifies
that work stop and employees move to a place of safety in electrical storms (as opposed to
rainy weather), dense fog (as opposed to pocket fog), heavy rain and snow (as opposed to
wet weather), extreme cold (as opposed to cold weather), and mud slides (as opposed to
muddy conditions). OSHA believes this list of extreme environmental conditions does
identify hazardous conditions and provides adequate guidance for compliance officers.
It was also requested that OSHA revise these provisions to require that employees be
moved to a place of safety only if winds were "gale force." Gale force winds are
defined as those which are at least 40 miles per hour. OSHA is aware, however, that even
winds of less than gale force can significantly affect the fall of a tree, particularly if
other adverse conditions are present (e.g., leaning tree, steep terrain, large tree,
lodged tree, tree under pressure). As such, OSHA does not believe one specific wind speed
is an appropriate indicator of whether an environmental hazard is present. However, OSHA
is revising the final rule to more fully express the type of wind conditions it believes
create a hazard for an employee working in the area. The final rule and compliance
directive are being revised to indicate that all work must terminate and each employee
shall move to a place of safety when strong winds which may adversely affect the fall of a
tree are present.
OSHA also included fires among hazardous environmental conditions. Some parties have
interpreted this example as requiring employees to leave the area any time a fire starts
rather than putting out the fire. However, the final rule, viewed in its entirety, does
not support that interpretation. For example, paragraph (d)(4), directly preceding the
environmental conditions provision, requires employers to provide fire extinguishers on
each machine and vehicle. This requirement contemplates that an employee may be called
upon to put out a small fire which has started. However, if a fire were to start in an
area where there is no fire extinguisher or other equipment or supplies which would allow
the employee to safely suppress it, the employer would be responsible for assuring that
the employee is moved out of the area of danger. Likewise, where a fire, because of its
size, intensity or the conditions of the area, creates a hazard for an employee who
remains in the area, either to work or attempt to suppress the fire, the employer must
also assure that employee is moved from the area of danger. OSHA notes that the standards
on fire protection in subpart L of Part 1910, and not the revised logging standard, govern
the fighting and suppression of fires at logging worksites.
Back