Text from
the OSHA Logging PreambleSection 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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