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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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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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