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Text from the OSHA 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)(1)(iv) -- Leg Protection

Some parties requested OSHA to exempt from the leg protection requirement the incidental use of chain saws. However, OSHA has not made such an exemption because the record clearly does not support it.

As OSHA explained in the preamble of the final rule, the risk of injury from chain saw is present whenever a chain saw is being used (59 FR 51702). The WIR survey showed that 20 percent of injuries reported were chain-saw injuries (Ex. 2-1). Chain-saw kickback and sudden cut-through, which are major causes of chain-saw injuries, are not dependent on whether the chain saw is used frequently or regularly by the operator. There is no evidence in the record that employees who only occasionally operate chain saws are not subject to these risks. OSHA believes that a feller, who operates a chain saw as a regular part of the job, and a logging truck operator, who may operate a chain saw occasionally or incidentally to operating a vehicle, both face a significant risk of injury when using a chain saw. As such, OSHA believes that leg and foot protection are needed whenever an employee is operating a chain saw. The revised compliance directive notes that the leg protection requirement applies to any employee who operates a chain saw for any amount of time.

OSHA realizes that protective material may be damaged or destroyed in the process of stopping a chain saw. Because of this, OSHA is revising the compliance directive to indicate that when the outer covers of the protective equipment have been penetrated it does not necessarily mean that the equipment is no longer serviceable. However, where there are also cuts or tears in the protective material of the leg protection or logging boot, such equipment is no longer in serviceable condition. OSHA agrees with manufacturer warning labels that such cuts and tears in the protective material compromise the ability of the PPE to provide the level of protection which is necessary. OSHA is revising the compliance directive to specify that in such situations footwear and leg protection cannot be repaired and must be replaced with serviceable PPE.

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