Text from the OSHA Logging PreambleSection
V: Summary and Explanation of the Final Standard
Paragraph (d) General Requirements
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Environmental Conditions
At paragraph (d)(5) of the final rule, OSHA is requiring that all work be stopped and
that each employee move to a place of safety when environmental conditions may endanger an
employee in the performance of their job. This provision also specifies that hazardous
environmental conditions include, but are not limited to, electrical storms, high winds,
heavy rain or snow, extreme cold, dense fog, fires, mudslides, and darkness. The pulpwood
logging and proposed rules contained a similar provision, however, it only specifically
identified electrical storms and high winds. The 1978 ANSI logging standard also contained
a similar requirement and, in addition, required logging operations to cease when
visibility is inadequate, unless artificial lighting is provided. All State logging
standards, except the State of Alaska, have provisions requiring work to cease when
environmental conditions are hazardous to employees.
OSHA received several comments on this provision (Ex. 5-50, 5-51, 5-55, 5-66; Tr. W1
139). Some of these commenters recommended expanding the conditions listed in this
provision. These commenters also said logging should be stopped when darkness impairs
visual ability, unless artificial light is provided. One commenter said they do not allow
their employees to work in blowing snow, extreme cold or winds (Ex. 5-51). Another
commenter said OSHA should specify that the work stoppage requirement should be limited to
only that work that is affected by the environmental conditions (Ex. 5-55; Tr. W1 139).
OSHA does not believe it is possible to delineate each and every environmental
condition that would necessitate termination of work and moving employees to a place of
safety. OSHA is aware that the employer's judgment will be essential in carrying out this
provision in the various environmental conditions that affect different regions of this
industry. However, the criteria that must form the basis of the employer's assessment is
uniform -- when a reasonable employer would believe that environmental conditions may
endanger employees performing a specific job or operating a specific piece of equipment,
work must stop and the employees must move to a place of safety. For example, darkness may
prevent a feller from accurately assessing the distance between occupied work areas or the
condition of the tree to be cut (e.g., loose bark, damaged trunk or limbs). If the feller
is not able to properly assess these conditions, he may endanger himself and others in the
area. Therefore, work would have to stop unless artificial light were available to
alleviate the danger.
Another element of the determination as to whether an environmental condition may
endanger an employee is the particular job being performed and the tools of that job. For
example, dense fog may endanger a feller because they may not be able to see the top of
the tree and accurately judge its lean. If such conditions exist, felling must be stopped.
However, fog may not necessarily endanger employees who are loading transport vehicles at
a landing. In that case, the employees might still be able to perform their job under such
conditions.
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