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Text from the OSHA Logging Preamble 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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