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Text from the OSHA Logging Standard Amendment issued
        September 8, 1995 in the Federal Register 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.


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