Text
from the OSHA Logging Preamble Section V: Summary and Explanation
of the Final Standard
Paragraph (d) General Requirements
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Personal Protective Equipment
Paragraph (d)(1) contain requirements for personal protective equipment (PPE),
including its use and maintenance, and the inspection of PPE before its use during a
workshift. Paragraph (d)(1) also specifies when employees must use gloves, leg protection,
logging boots, head protection, and eye and face protection. This final rule, however,
does not contain requirements for other types of personal protective equipment that are
covered by other general industry requirements contained elsewhere in part 1910 (i.e.,
hearing protection and respiratory protection). Paragraph (b)(3) already makes clear that
other requirements contained in part 1910 automatically apply when the logging standard
has not addressed a particular hazard or working condition. Therefore, since part 1910
already require the use and maintenance of PPE, OSHA has included in paragraph (d)(1) only
those items of personal protective equipment that are not contained elsewhere in that part
or that are in some way different from the requirements contained in elsewhere in part
1910. As such, references to respiratory protection in subpart I of part 1910 and hearing
protection at Sec. 1910.95 have been deleted from this final rule.
Paragraph (d)(1)(i) of the final rule requires that the employer assure that all PPE is
maintained in a serviceable condition. This employer responsibility applies whether the
PPE is provided by the employer or provided by the employee. One commenter recommended
that OSHA include this provision in the final rule (Tr. W2 195). This provision parallels
the maintenance requirements of the general industry PPE standards. Specifically,
1910.132(b) also requires that when employees are allowed to provide their own PPE, the
employer is still responsible for assuring its proper maintenance. OSHA has recognized
that whether or not the employer pays for particular types of PPE that must be worn in the
workplace, the employer is responsible for assuring that required PPE is adequately
protecting employees from workplace hazards. The only way for the employer to assure that
PPE adequately protects employees from workplace hazards is to inspect the PPE and
maintain it in the condition that it was intended by the manufacturer. The final rule, in
paragraphs (d)(1)(i) (PPE maintenance) and (ii) (PPE inspection), imposes such
responsibilities directly on the employer.
In order to assure that all PPE is maintained in a serviceable condition, paragraph
(d)(1)(ii) requires that the employer assure that all PPE be inspected before initial use
during each workshift. This inspection will assist employers in identifying whether any
PPE is not functioning properly so that unserviceable equipment can be repaired or
replaced. This paragraph also requires that before work is commenced, the employer must
repair defects or damage, or replace the PPE. The Agency considers defects and damage to
be conditions that detract from the ability of the product to perform its intended
function. For example, worn cuffs on leg protection that do not compromise the ability of
the leg protection to resist chain-saw cuts, is not a defect or damage within the meaning
of this standard. However, a cut of the leg protection and loss of the fibrous material
that is used to resist the chain saw would definitely be a defect or damage. When there is
a defect or damage, the PPE must be repaired so that the condition no longer affects the
serviceability of the item or the item must be replaced before work commences.
Discussed below are the specific PPE requirements of the final rule. OSHA notes that
each of the requirements of paragraphs (d)(1)(iv) through (vii) require that the employer
assures that the employee wears PPE meeting the requirement of the final rule. It is the
responsibility of the employer to assure that serviceable PPE is available and worn by
employees when required by the final rule. As discussed above in the Major Issues section,
with the exception of logging boots, these specific PPE requirements impose on the
employer the obligation to provide such PPE at no cost to the employee.
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