Text from
the OSHA Logging PreambleSection 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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