Logging Operations; Final Rule DEPARTMENT OF LABOR

Federal RegisterOct 12, 1994

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is

issuing a final standard specifying safety requirements covering all

logging operations, regardless of the end use of the forest products

(saw logs, veneer bolts, pulpwood, chips, etc.). This standard replaces

the existing standard at 29 CFR 1910.266, that had applied only to

pulpwood logging, and thereby expands coverage to provide protection

for all employees engaged in logging operations. The final standard

addresses the unique hazards found in logging operations, and

supplements other general industry standards in 29 CFR part 1910. The

final standard strengthens and further clarifies some provisions of the

existing standard, and eliminates unnecessary provisions. The revised

standard also requires training for all employees in this high risk

industry. OSHA believes this standard will significantly decrease the

number of employees killed or injured in this industry.

DATES: This final standard is effective on February 9, 1995. Employers

must be in compliance with all requirements of the final standard by

the effective date. The incorporation by reference of certain

publications listed in the standard is approved by the Director of the

Federal Register as of February 9, 1995.

ADDRESSES: Send petitions for review of the standard to the Associate

Solicitor for Occupational Safety and Health, Office of the Solicitor,

Room S-4004, U.S. Department of Labor, 200 Constitution Avenue, NW.,

Washington, DC 20210.

For additional copies of this standard contact U.S. Department of

Labor, Occupational Safety and Health Administration, Office of

Publications, Room N-3101, 200 Constitution Avenue, NW., Washington, DC

20210, (202) 219-9667.

FOR FURTHER INFORMATION CONTACT: Anne Cyr, Office of Information and

Consumer Affairs, Occupational Safety and Health Administration, Room

N-3637, U.S. Department of Labor, 200 Constitution Avenue NW.,

Washington, DC 20210, (202) 219-8148.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. Regulatory history

III. Basis for agency action

A. Hazards

B. Accident, injury and other data

C. Need for agency action

IV. Major Issues

V. Summary and Explanation of the Final Standard

VI. Regulatory Impact Analysis, Regulatory Flexibility Analysis, and

Environmental Impact Assessment

VII. References

VIII. Statutory Considerations

IX. Recordkeeping

X. Federalism

XI. State Plan Standards

XII. Index Terms

XIII. Authority and Signature

XIV. Final Standard

References to the rulemaking record are provided in the text of the

preamble. References are identified as ``Ex.'' followed by a number to

designate the reference in the rulemaking docket. For example, ``Ex.

1'' means exhibit one in the Docket S-048. Exhibit 1 is a copy of the

Notice of Proposed Rulemaking for Logging Operations that was published

in the Federal Register on May 2, 1989 (54 FR 18798).

References to the transcripts of the public hearings are given as

``Tr.'' followed by the location and page. The July 24, 1990,

Washington, D.C., hearing transcript is identified as ``W1.'' The July

25, 1990, Washington, D.C., hearing transcript is identified as ``W2.''

The Oregon hearing transcript is designated as ``OR.''

A list of exhibits, copies of the exhibits and copies of the

transcripts are available in the OSHA Docket Office, Room N-2625, U.S.

Department of Labor, 200 Constitution Avenue, NW., Washington, DC

20210, (202)-219-7894.

I. Introduction

The Occupational Safety and Health Administration (OSHA) is issuing

a final standard detailing safety requirements for logging operations,

regardless of the end use of the forest products (saw logs, veneer

bolts, pulpwood, chips, etc.). Logging consists of felling trees

(usually by chain saws), removing the limbs and branches (limbing), and

cutting or splitting the trees into manageable logs (bucking). Trees

and logs are then moved (yarding) to central locations (landings) by

one of several methods (e.g., skidding or forwarding). In relatively

flat terrain, logs are hooked to a tractor and dragged to the landing.

When terrain is very steep or rough, logs may be transported by steel

cables attached to a winching apparatus (cable yarder) via a system of

cables, blocks, pulleys, and carriages (cable yarding). Then logs are

partially suspended and dragged over the ground (high-lead yarding) or

hoisted into the air and conveyed on overhead cables (sky-line yarding)

to the landing. At the landing, logs are mechanically loaded onto

trucks, railroad cars or barges for transport to sawmills. In some

cases logs are formed into log rafts for transport by water to

sawmills. Logging operations require employees to work in all types of

weather, on all types of terrain and in isolated, remote locations.

(Logging operations and regional characteristics are discussed in

greater detail in the profile of the logging industry in the Regulatory

Impact Analysis.)

II. Regulatory History

OSHA's existing pulpwood standard was adopted pursuant to Section

6(a) of the Occupational Safety and Health Act of 1970 (the OSH Act)

(29 U.S.C. 655(a)). Section 6(a) permitted OSHA, within two years of

the enactment of the OSH Act, to promulgate as OSHA standards any

existing national consensus standard or established Federal standard.

At that time, the only national consensus standard covering logging

operations was the American National Standards Institute standard that

was limited to pulpwood logging (ANSI O3.1-1971, Pulpwood Logging

Safety Standard) (Ex 2-13). OSHA's pulpwood standard has remained

virtually unchanged since it was first adopted.

After OSHA adopted the ANSI pulpwood logging standard, trade

associations with interests in the logging of other forest products,

such as sawlogs and veneer bolts, joined with ANSI to revise the

pulpwood logging standard to include all logging operations within the

United States. The expanded ANSI standard was approved May 19, 1977

(ANSI 03.1-1978, Safety Requirements for Logging) (hereafter ``1978

ANSI logging standard'') (Ex. 2-14). That standard adopted most of the

safety practices contained in the earlier standard, applying them to

all logging operations throughout the nation.

The 1978 ANSI logging standard, however, was withdrawn by ANSI in

1984 because no final action was taken to revise or reaffirm it. Since

ANSI procedures require that action be taken to reaffirm, revise, or

withdraw a standard no later than five years after the date of its

publication, the 1978 ANSI logging standard was withdrawn by default.

Currently there is no national consensus standard covering logging

operations.

In July 1976, the National Institute for Occupational Safety and

Health (NIOSH), published a criteria document, Recommendations For An

Occupational Standard For Logging From Felling To First Haul that was

applicable to all logging operations (Ex. 4-3). The NIOSH document

addressed the hazards and safe work practices involved in felling,

bucking, limbing, yarding and loading operations.

The NIOSH criteria document differed from OSHA's pulpwood logging

standard in several ways:

(a) The criteria document included all logging operations such as

those relating to sawlogs, veneer bolts, poles and pilings rather than

being limited only to pulpwood operations;

(b) It included training requirements for employees;

(c) It did not include provisions dealing with equipment protective

devices, personnel transport, off-highway truck transport, chipping

operations, or the construction and maintenance of roads, trails, and

bridges; and

(d) It recommended pre-placement and periodic medical examinations.

This final standard for logging operations, as did OSHA's proposed

rule, adopts many of the recommendations of the NIOSH criteria

document, including expansion of coverage to all logging operations,

emphasis on safe work practices and training, and elimination of

provisions not unique to logging operations, such as that involving

construction of roads and bridges.

Six states have promulgated standards covering logging operations

under the OSH Act State plan procedure set forth in section 18 of the

OSH Act (29 U.S.C. Sec. 667) and in OSHA regulations (29 CFR Part

1902), which requires State plan States to adopt standards which are at

least as effective as those promulgated under section 6 of the OSH Act.

29 CFR 1902.03(c). These States, Alaska (Ex. 2-17), California (Ex. 2-

18), Hawaii (Ex. 2-19), Michigan (Ex. 2-20), Oregon (Ex. 2-21) and

Washington (Ex. 2-22), have adopted standards which provide more

protection than OSHA's pulpwood logging standard by covering all

logging operations within their States. The standards of the five

western states also contain a much higher level of detail and

specification than either the 1978 ANSI logging standard or OSHA's

pulpwood logging standard. OSHA used these standards as source

documents during development of this final standard.

On May 2, 1989, OSHA published a notice of proposed rulemaking

(NPRM) to amend OSHA's pulpwood logging standard, 29 CFR 1910.266, to

include requirements for all logging operations (54 FR 18798).

Thereafter, on May 11, 1990, OSHA published a notice of hearing in

which 10 issues were raised for additional comment (55 FR 19745). There

were 92 comments submitted in response to the proposed rule and hearing

notice.

Informal public hearings were held on July 24-25, 1990, in

Washington, D.C., and on August 21-23, 1990, in Portland, OR, to allow

interested persons who had objections to the proposed rule to have an

opportunity to state those objections. There were 23 companies,

organizations, associations and individuals who participated in the

hearings.

At the close of the hearing Administrative Law Judge John M.

Vittone established a 60-day post hearing comment period, until October

22, 1990, for the submission of additional information and data

supplementing the testimony provided at the hearing. The post-hearing

comment period was followed by another 30 days, until November 21,

1990, for hearing participants to submit final briefs, analyses and

summations. OSHA received 12 comments during the post-hearing comment

period.

OSHA has considered all evidence, comments and testimony entered

into the rulemaking record and presented at the public hearing in

developing this final standard.

II. Basis for Agency Action

A. Hazards

The safety hazards present in the logging industry are well-

known,\1\ and there is no dispute among participants in this rulemaking

that logging is a high hazard industry (Ex. 2-1 through 2-10, 2-30, 5-

18, 38B, 38C). The tools and equipment which logging employees use or

operate, such as chain saws, axes and tractors, pose hazards wherever

they are utilized in industry. As logging employees use their tools and

equipment, they are dealing with massive weights and irresistible

momentum of falling, rolling, and sliding trees and logs. The hazards

are even more acute when dangerous environmental conditions are

factored in, such as uneven, unstable or rough terrain; inclement

weather including rain, snow, lightning, winds, and extreme cold;

remote and isolated work sites where health care facilities are not

immediately accessible. The combination of these hazards present a

significant risk to employees working in logging operations throughout

the country, regardless of the type of timber being logged, where it is

logged or the end use of the wood.

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\1\The National Institute for Occupational Safety and Health has

identified a number of health hazards that are also present in the

logging industry (Ex. 5-42). According to NIOSH, 20 to 50 percent of

employees in felling operations may be affected by hand-arm

vibration syndrome. Logging employees are also exposed to chain-saw

exhaust, wood dust, tree fungi and bacteria. However, NIOSH has said

that at this time there is insufficient data to project the

magnitude of risk for some of these potential health hazards. The

final rule on logging addresses health hazards, but only in certain

specific ways (e.g., safety and health meetings). However, for those

health hazards not specifically addressed in the logging final rule,

other sections of Part 1910 apply. For example, occupational noise

exposure is addressed by 29 CFR 1910.95. A permissible exposure

limit for occupational exposure to wood dust is contained in 29 CFR

1910.1000. OSHA notes that hand-arm vibration, manual lifting and

other risk factors associated with musculoskeletal disorders are

being addressed in OSHA's rulemaking on ergonomic safety and health

management.

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There is also no dispute that these hazards and the resulting

injuries and fatalities are severe and are not limited to the pulpwood

sector of the industry (Ex. 2-1, 5-6, 5-10, 5-17, 5-18, 5-21, 5-36, 5-

42, 5-46, 5-48, 5-49, 5-54, 5-61, 5-65). The 1992 Census of Fatal

Occupational Injuries, a public report compiled by the Bureau of Labor

Statistics (BLS), indicated there were 158 fatalities in the logging

industry, which amounts to a 2 in 1,000 risk of death each year. The

National Institute for Occupational Safety and Health (NIOSH) estimates

that there are 16,500 compensable injuries each year in the logging

industry (Ex. 37). This amounts to an incidence rate of 1 in every 5

loggers. According to the U.S. Department of Agriculture (USDA), the

accident rate in the logging industry has pushed workers' compensation

insurance to 40 percent of payroll costs (Ex. 5-18). The USDA estimates

that this now amounts to $90 million annually in the Pacific Northwest

Region alone. According to a study conducted by the Bureau of Labor

Statistics (BLS), as least 47 percent of all injuries reported occurred

in non-pulpwood logging operations (Ex. 2-1).

The following discussion of the accident and injury data shows that

injury incidence rate for the logging industry is among the highest

industry incidence rates in the country.

B. Accident, Injury, and Other Data

OSHA looked at several data sources to identify and characterize

the degree of risk faced by employees in the logging industry. The data

show that the logging industry has one of the highest injury incidence

rates. For example, the most recent injury incidence rate for the

logging industry (15.6) compiled by the BLS is almost double the

incidence rate for the combined private sector (7.9). The logging

incidence rate was also well above the incidence rate for the

manufacturing sector (11.2).

To assess the level of risk in logging operations, OSHA relied

primarily on the following data sources. These data sources are

described and discussed below.

1. Bureau of Labor Statistics. The Bureau of Labor Statistics (BLS)

publishes annual reports that list the estimates of injuries in the

private sector during the year under consideration, Occupational

Injuries and Illnesses in the United States by Industry (Ex. 2-1, 2-2,

2-3, 2-4, 2-5, 2-6, 2-7, 2-8, 2-9, 2-10, 2-30, 38B and 38C). The data

and information are broken down industry by industry according to

Standard Industrial Classification (SIC) codes. The BLS injury reports

and data are generated from inquiries to selected employers about the

OSHA Form 200 (Log and Summary of Occupational Injuries and Illnesses).

Table 1 shows BLS occupational injury incidence data for the

logging industry for 1972 through 1991. The data in Table 1 were

derived from the BLS data using SIC code 241 (Logging Camps and Logging

Contractors). While this classification covers the majority of the

employees engaging in logging operations, it does not cover loggers

employed by mills (SIC 242-Sawmills and Planing Mills) and other

loggers working for other miscellaneous employers (SIC 24-Lumber and

Wood Products, Except Furniture). Although the incidence rates for SIC

242 and 24 are very close to the rates for SIC 241, OSHA did not

include incidence rates for those SIC codes in its determination of

incidence rates for logging because BLS does not provide incidence

rates for occupational categories within a SIC code. As such, OSHA was

not able to identify and segregate out the percentage of accidents

which occurred while employees were performing logging as opposed to

other operations in those related industries. OSHA is aware that there

has been a move on the part of some mill owners to increasingly use

private contractors rather than mill employees to harvest the trees

that the mills process. OSHA believes, however, that SIC 241 does

capture the vast majority of employees performing logging operations.

To the extent that some logging operations may still be performed by

employees in other than SIC 241, OSHA does not believe that their

accident data significantly alter the level of risk present in logging

operations.

Table 1.-- Occupational Injuries Logging Camps and Logging Contractors, SIC 241

----------------------------------------------------------------------------------------------------------------

Nonfatal without Average lost

Year Total cases Lost workday cases lost workdays workdays Lost workdays

----------------------------------------------------------------------------------------------------------------

1972. 32.2 16.0 16.0 16.0 266.3

1973. 31.2 16.1 15.0 20.5 307.8

1974. 28.8 15.6 13.0 18.8 296.2

1975.. 25.5 13.9 11.5 20.3 282.5

1976.. 24.6 13.8 10.7 20.6 284.5

1977. 25.8 15.4 10.3 21.2 327.0

1978. 25.6 15.5 9.9 20.4 315.5

1979.. 24.0 14.7 9.1 21.1 310.4

1980. 22.4 13.8 8.5 24.4 338.1

1981. 19.1 12.2 6.8 23.6 288.1

1982. 20.1 12.9 7.1 23.5 302.8

1983. 21.2 13.6 7.5 23.5 319.4

1984. 21.4 13.8 7.5 23.1 318.7

1985. 19.8 12.2 7.5 25.9 316.1

1986. 18.9 12.5 6.3 23.3 291.7

1987. 19.1 12.3 6.7 26.9 330.4

1988.. 19.6 12.7 6.8 27.2 345.4

1989. 19.2 11.6 7.5 26.2 306.0

1990. 17.2 10.7 6.3 26.2 280.3

1991. 15.6 9.9 5.7 27.8 274.8

----------------------------------------------------------------------------------------------------------------

Notes:

1. Total cases, lost workday cases and nonfatal without lost workday cases are expressed as incidence rates are

per 100 full-time employees (200,000 person hours).

2. Average lost workdays are the average number of lost workdays per lost workday case.

Sources: Bureau of Labor Statistics, Bulletin Nos. 1830 (1972), 1932 (1974), 1981 (1975), 2047 (1977), 2097

(1979), 2130 (1980), 2196 (1982), 2236 (1983), 2259 (1984), 2278 (1985), 2399 (1990), 2424 (1991) Occupational

Injuries and Illnesses in the United States by Industry.

While the injury incidence rate remains high in the logging

industry, the BLS data show a steady decrease in the incidence rate for

the industry since the pulpwood logging standard was adopted in

1971.\2\ The decrease in incidence rates occurs in both lost-workday

and non-lost-workday cases. In contrast, the data also show a steady

increase in the average number of lost workdays per case, that

indicates that the severity of injuries has increased over time.

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\2\The decrease in injuries since 1971 is also due in part to

adoption of comprehensive logging standards by six states. For

example, the state of California, which has a comprehensive

standard, reported 457 logging fatalities in the 1950s, prior to

adoption of the standard. In 1981, after the logging standard had

been promulgated, California's logging fatalities hit a record low

(6 fatalities) (Ex. 2-11).

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The 1991 logging industry incidence rates still remain far above

the total incidence rates and lost-workday incidence rates for other

industries, as Table 2 indicates. For example, the most recent logging

industry incidence rate (15.6) is almost double the incidence rate for

the private sector combined (7.9). It is also 40 percent higher than

the manufacturing sector incidence rate (11.2). The logging injury

incidence rates also are well above the incidence rates for the

construction industry (12.8) and mining (7.1), industries generally

considered as high hazard.

Table 2.--Comparison of Incidence Rates Logging vs. Major Industry

Divisions 1991

------------------------------------------------------------------------

Nonfatal

Total Lost cases w/o Lost

Industry cases workday lost workdays

cases workdays

------------------------------------------------------------------------

Logging................... 15.6 9.9 5.7 274.8

Private sector............ 7.9 3.7 4.2 79.8

Agriculture, forestry,

fishing.................. 10.2 5.2 4.9 104.6

Mining.................... 7.1 4.4 2.7 127.8

Construction.............. 12.8 6.0 6.8 146.2

Manufacturing............. 11.2 5.0 6.2 101.1

Transportation and

utilities................ 9.1 5.3 3.7 136.8

Wholesale and retail trade 7.5 3.4 4.1 69.7

Finance, insurance and

real estate.............. 2.3 1.0 1.2 21.5

Services.................. 5.9 2.8 3.2 57.7

------------------------------------------------------------------------

Notes: 1. Total cases, lost workday cases and nonfatal without lost

workday cases are expressed as incidence rates are per 100 full-time

employees (200,000 person hours).

ASource: Bureau of Labor Statistics, Bulletin 2424, Occupational

Injuries and Illnesses in the United States by Industry, 1991.

The most recent lost-workday incidence rate for logging was 9.9,

which is almost double the 5.0 incidence rate in the manufacturing

sector and almost three times the 3.7 incidence rate for the private

sector combined. The lost-workday rate, that is an indicator of the

severity of cases, is extremely high in the logging industry (274.8

lost workdays per 100 full-time workers). It is more than three times

the private sector lost-workday rate (79.8) and more than double the

manufacturing lost-workday rate (101.1).

2. Census of Fatal Occupational Injuries. The Bureau of Labor

Statistics also publishes an annual Census of Fatal Occupational

Injuries (CFOI). The CFOI is a systematic and verifiable count of

fatally injured public and private sector workers. This census uses

administrative records, such as death certificates, workers'

compensation fatality claims, medical examiners' records, and other

reports to Federal and State agencies, to identify the workplace

fatalities and complete descriptive data on the workers and

circumstances of their deaths. According to the 1992 CFOI, the most

recent data available, 158 logging employees were killed while

performing logging operations. Table 3 shows that more than 60 percent

were using power tools and performing cutting activities at the time of

their death. Almost 20 percent were killed while operating logging

machines or vehicles.

Table 3.--Fatal Injuries in SIC 241 by Activity of Employee, 1992

------------------------------------------------------------------------

Number of

Activity at time of accident fatalities Percent

------------------------------------------------------------------------

Using or Operating Tools, Machines............ 108 68

Operating Heavy Equipment................... 4 ...........

Using Power tools........................... 14

Logging, trimming, pruning.................. 86 ...........

Other....................................... 4 ...........

Vehicular and Transportation Operations....... 24 15

Driving, operating.......................... 15 ...........

Riding in, on............................... 3 ...........

Vehicular and Transportation Operations,

n.e.c...................................... 3 ...........

Other....................................... 3 ...........

Material Handling Operations*................. 6 4

Physical activity, n.e.c...................... 4 3

All other activities.......................... 16 10

-------------------------

Total..................................... 158 100

------------------------------------------------------------------------

Notes:

* Loading, unloading materials.

n.e.c. Not elsewhere classified.

Source: Bureau of Labor Statistics, 1992 Census of Fatal Occupational

Injuries, April, 1994.

Applying the CFOI fatality estimate to the most recent logging

employment estimate of 72,100 developed for the Regulatory Impact

Analysis (see Section VI of this preamble), the fatality incidence rate

is .22. The logging industry fatality incidence rate is 8.1 times

higher than the fatality incidence rate the mining sector (.027), the

next closest industrial division. In addition, the logging fatality

rate is 53.6 times higher than the fatality rate for the manufacturing

sector (.0041).

3. BLS Work Injury Report (WIR). The most detailed data source

available to the Agency on logging injuries and their causes is a June

1984 BLS Work Injury Report survey of 1,086 injured logging employees,

hereafter referred to as the WIR survey (Ex. 2-1). It is significant to

note that all 1,086 injuries occurred within just a three-month

period.\3\

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\3\Not all questions were answered by all survey participants,

therefore, total responses vary in each table of data presented.

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Included in the report are employees who were injured while

performing logging activities at the logging site or while moving or

transporting logs across terrain. Motor vehicle accidents were included

when the accident occurred at the work site, while hauling logs to the

mill, returning from the mill, or transporting tools, equipment, or

workers to or from the logging site in company-owned vehicles.

Almost one half (47%) of those responding indicated they were

performing non-pulpwood logging operations, therefore they were not

covered by OSHA's existing pulpwood logging standard. Another 17

percent did not know what type of timber they were logging.\4\ OSHA

believes it is reasonable to assume that some percentage of those

employees were not covered by OSHA's existing logging standard and

therefore, more than one half of the injured employees were not covered

by the OSHA standard. Approximately 35 percent of the injured employees

were engaged in pulpwood logging operations.

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\4\Of those who responded, 62 percent were engaged in clear

cutting, 27 percent in selective cutting, and 8 percent in salvage

logging. Approximately 4 percent did not know the type of logging

being conducted.

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The survey also contained the following information: (1) the work

site where the injury occurred (Table 4); (2) work activity being

performed at the time of the accident (Table 5); (3) causes of the

accidents (Table 6); (4) sources of the accidents (Tables 7-10); (5)

protective equipment in use at the time of the accident (Table 11); (6)

safety features of vehicles or equipments operated at the time of the

accident (Table 12); (7) safety training given prior to the accident

(Table 13); (8) factors contributing to the injury (Table 14); (9)

severity of the injury (Table 15-16).

a. Work site where injury occurred. Table 4 shows that more than

one-half of employees injured were at cutting sites in the woods, while

only 20 percent were injured at landings. In addition, more than one-

half of those injured were working on sloping terrain at the time and

more than 60 percent reported that the work site contained moderate or

heavy brush.

Table 4.--Description of Work Site Where Injury Occurred

------------------------------------------------------------------------

Description of work site No. Percent

------------------------------------------------------------------------

Location of Accident

------------------------------------------------------------------------

Cutting site........................................ 570 53

Landing............................................. 219 20

Between cutting site and landing.................... 188 18

Employer built road................................. 34 3

Highway............................................. 17 2

Other............................................... 45 4

-------------------

Total........................................... 1,073 100

------------------------------------------------------------------------

Terrain Where Accident Occurred

------------------------------------------------------------------------

Flat ground......................................... 476 44

Medium slope........................................ 388 36

Steep slope......................................... 206 19

-------------------

Total........................................... 1,070 (\1\)

------------------------------------------------------------------------

Ground Cover at Accident Site

------------------------------------------------------------------------

Little or no brush.................................. 369 35

Moderate brush...................................... 386 37

Heavy brush......................................... 273 26

Swampy, marshy, boggy............................... 29 3

-------------------

Total........................................... 1,057 (\1\)

------------------------------------------------------------------------

Notes:

1. Due to rounding, percentages may not add to 100.

2. Because incomplete questionnaires were used, the total number of

responses may vary by question.

Source: Bureau of Labor Statistics (BLS) Work Injury Report (WIR),

Injuries in the Logging Industry, Bulletin 2203, dated June 1984 (Ex.

2-1).

b. Work activity at time of accident. Table 5 shows that almost

one-half of all injured employees were engaged in cutting activities

(felling, limbing, bucking) at the time of their accidents, and almost

one-fourth of all injured employees were felling trees. Twenty-eight

percent of the employees were injured during yarding operations (choker

setting or hooking up, tractor or cable skidding, chasing). The

remainder of the accidents occurred when the logs were being prepared

to move from the landing (loading/unloading and rigging) or were being

transported to the mill or other final destination. Other unspecified

logging activities accounted for eight percent of the accidents.

Finally, servicing and maintaining of equipment accounted for four

percent of the accidents, a figure that is consistent with the

information found for servicing or maintenance accidents throughout

general industry. (See Docket S-012A.) Table 3 outlines the activity

being performed at the time of the accidents and the percentage each

activity represents.

Table 5.--Activity Being Performed at Time of Accident

------------------------------------------------------------------------

Activity Number Percent

------------------------------------------------------------------------

Felling trees..................................... 253 23

Limbing........................................... 165 15

Choker setting or hooking up...................... 156 14

Bucking........................................... 134 12

Tractor or cable skidding......................... 92 9

Chasing........................................... 49 5

Loading/unloading................................. 51 5

Rigging........................................... 39 4

Servicing or maintaining equipment................ 43 4

Hauling logs to mill.............................. 15 1

Other logging activity............................ 84 8

---------------------

Total......................................... 1,084 100

------------------------------------------------------------------------

Source: Bureau of Labor Statistics (BLS) Work Injury Report (WIR),

Injuries in the Logging Industry, Bulletin 2203, dated June 1984 (Ex.

2-1).

c. Causes of accidents. Table 6 indicates that almost one-fourth of

the employees were injured when hit by trees, limbs or logs. Another

quarter of the accidents were due to slips and falls. It is important

to note that 20 percent of all injuries were chain saw related.

Table 6.--Cause of Accident

------------------------------------------------------------------------

Cause of injury/accident Number Percent

------------------------------------------------------------------------

Injured by limb, tree or log (hit by) (See Table

7)............................................... 259 24

Slip, trip or fall (see Table 8).................. 258 24

Injured by chain saw (see Table 9)................ 222 20

Muscular strain................................... 85 8

Hit by cable, hook, chain, etc.................... 60 6

Chip or other object in eye....................... 55 5

Mobile equipment accident (see Table 10).......... 33 3

Other............................................. 114 10

---------------------

Total......................................... 1086 100

------------------------------------------------------------------------

Source: Bureau of Labor Statistics (BLS) Work Injury Report (WIR)

Injuries in the Logging Industry, Bulletin 2203, June 1984 (Ex. 2-1).

d. Sources of injury. The WIR survey broke down the sources of

injuries into employees hit by trees; injured in slips or falls; while

using chain saws; and while operating equipment or motor vehicles

(Tables 7-10). As Table 7 indicates, almost one-half of those employees

injured by trees were hit by falling wood.

Table 7.--Sources of Injury When Employee Struck by Limb, Tree or Log

------------------------------------------------------------------------

Source of injury Number Percent

------------------------------------------------------------------------

Falling wood...................................... 127 49

Rolling logs...................................... 37 14

Logs rigged for yarding........................... 30 12

Other (springpoles, etc.)......................... 65 25

---------------------

Total......................................... 259 100

------------------------------------------------------------------------

Source: Bureau of Labor Statistics (BLS) Work Injury Report (WIR)

Injuries in the Logging Industry, Bulletin 2203, June 1984.

Approximately one-fourth of employees were injured in slips or

falls, as shown in Table 8. Of these employees, 47 percent were injured

when they fell from elevations. Approximately 28 percent fell from some

type of mobile equipment or motor vehicle.

Table 8.--Slips, Trips and Falls

------------------------------------------------------------------------

Falls from, to Number Percent

------------------------------------------------------------------------

Falls from elevation (surface fell from)........ 105 47

Ground surface.................................. 9 9

Felled trees, rolling or moving................. 16 15

Felled trees, stationary........................ 46 45

Standing timber................................. 2 2

Skidder......................................... 8 8

Truck........................................... 14 13

Yarder.......................................... 3 3

Mobile equipment, n.e.c......................... 4 4

Other........................................... 2 2

Unknown......................................... 1 1

Falls to same level (Fell to)................... 117 53

Ground surface or tools......................... 48 41

Ground wood, stationary......................... 29 25

Skidder......................................... 2 2

Truck........................................... 1 1

Yarder.......................................... 2 2

Other........................................... 8 7

Unknown......................................... 27 23

---------------------

Total......................................... 222 100

------------------------------------------------------------------------

Notes:

1. The percentages of the major categories are of the total. The

percentages of the subcategories are of the major categories.

2. Due to rounding, the percentages will not necessarily equal 100.

Source: Bureau of Labor Statistics (BLS) Work Injury Report (WIR)

Injuries in the Logging Industry, Bulletin 2203, June 1984 (Ex. 2-1).

It should be noted that in a majority of cases where an employee

slipped or fell, the fall was due to an uneven surface. Many of these

employees lost their balance on those uneven surfaces, such as standing

on felled trees. Other employees slipped and fell from slippery or

loose bark, sudden shifting of trees or logs, protruding roots,

deadwood, leaves, vines, other wood litter and rocks.

As stated above, one-fifth of all employees were injured while

operating chain saws, as shown in Table 9. Of these employees, about

two-thirds were hurt when the chain saw kicked back.

Table 9.--Causes of the Chain Saw Injuries

------------------------------------------------------------------------

Cause Number Percent

------------------------------------------------------------------------

Chain saw kicked back............................. 140 64

Fell on saw....................................... 28 13

Didn't have tight grip on saw..................... 15 7

Hand slipped into chain........................... 14 6

Wrong cutting method.............................. 7 3

Chain on saw broke................................ 7 3

Using wrong size saw.............................. 3 1

Saw ran after shutoff............................. 2 1

Saw not properly maintained....................... 1 *

Other............................................. 39 18

---------------------

Total......................................... 222 (\1\)

------------------------------------------------------------------------

Notes:

\1\Because more than one response is possible, the sum of the responses

and percentages may not equal the total. Percentages are calculated by

dividing each response by the total number of persons who answered the

question.

*Less than 1 percent.

Source: Bureau of Labor Statistics (BLS) Work Injury Report (WIR)

Injuries in the Logging Industry, Bulletin 2203, June 1984.

Table 10 shows the type of machine or vehicle the employee was

operating at the time of injury. Over one-half of those injuries

involved logging trucks, on which logs are loaded for transport to

mills, etc.

Table 10.--Sources of Injury in Mobile Equipment Accidents

------------------------------------------------------------------------

Source of injury Number Percent

------------------------------------------------------------------------

Skidder........................................... 9 27

Log truck......................................... 17 52

Mobile equipment, n.e.c........................... 2 6

Ground surface.................................... 1 3

Other or non-classifiable......................... 4 12

---------------------

Total......................................... 33 100

------------------------------------------------------------------------

Source: Bureau of Labor Statistics (BLS) Work Injury Report (WIR)

Injuries in the Logging Industry, Bulletin 2203, June 1984.

e. Protective equipment. Also included in the WIR survey was

information about the type of protective equipment being worn or used

at the time of the accident. Table 11 shows that the majority of

employees were wearing logging boots, gloves and head protection when

they were injured. However, less than one-third of those injured were

wearing leg protection, even though almost 60 percent of the injuries

investigated occurred when employees were performing activities that

required the use of a chain saw (brushing, felling trees, limbing, and

bucking). In addition, only six of the 33 employees injured while

operating equipment or vehicles were using seat belts. Since more than

one-half of all injured employees said they were working on sloping

terrain at the time, OSHA believes it is reasonable to assume that some

of the machine accidents were rollovers or tipovers and that seat belts

could have prevented some of those injuries.

Table 11.--Protective Equipment Worn or Used

------------------------------------------------------------------------

Type protective equipment used Number Percent

------------------------------------------------------------------------

Calk- or cork-soled boots......................... 659 62

Dust masks........................................ 16 2

Earplugs or other hearing protector............... 264 25

Glasses or goggles................................ 179 17

Gloves............................................ 788 75

Hard hat.......................................... 916 87

Leg protection.................................... 303 29

Seat belts........................................ 6 1

Steel-toed boots.................................. 295 28

Other............................................. 19 2

Not using protective equipment.................... 38 4

---------------------

Total......................................... 1057 (\1\)

------------------------------------------------------------------------

Note:\1\ Because more than one response is possible, the sum of the

responses and percentages may not equal the total. Percentages are

calculated by dividing each response by the total number of persons

who answered the question.

Source: Bureau of Labor Statistics (BLS) Work Injury Report (WIR)

Injuries in the Logging Industry, Bulletin 2203, June 1984.

f. Equipment and vehicle safety features. Table 12 clearly shows

that a significant number of machines and vehicles involved in the

logging accidents were not equipped with fall protection, rollover

protection or seat belts.

Table 12.--Safety Equipment on Vehicles or Equipment

------------------------------------------------------------------------

Mobile equipment safety equipment Number Percent

------------------------------------------------------------------------

Falling object protective structure............... 30 59

Rollover protective structure..................... 27 53

Seat belt......................................... 32 63

Other............................................. 4 8

Not aware of safety devices....................... 5 10

---------------------

Total......................................... 51 (\1\)

------------------------------------------------------------------------

Note: \1\Because more than one response is possible, the sum of the

responses and percentages may not equal the total. Percentages are

calculated by dividing each response by the total number of persons

who answered the question.

Source: Bureau of Labor Statistics (BLS) Work Injury Report (WIR)

Injuries in the Logging Industry, Bulletin 2203, June 1984.

g. Safety training. The WIR survey also contained information on

whether employees had received safety training prior to their

accidents. Table 13 indicates that over one-third of the injured

employees had never received training on safe work practices or in the

operation of machines and vehicles used in logging operations. Only 40

percent of employees injured said they had received training from the

employer. In fact, 19 percent of those injured said that whatever

training they had received had come from a relative.

Table 13.--Safety Training of WIR Participants

------------------------------------------------------------------------

Source of safety training Number Percent

------------------------------------------------------------------------

Never received training........................... 392 37

Supervisor or employer............................ 419 40

Co-worker......................................... 300 29

Relative.......................................... 200 19

Other............................................. 72 7

---------------------

Total......................................... 1046 (\1\)

------------------------------------------------------------------------

Note: \1\Because more than one response is possible, the sum of the

responses and percentages are calculated by dividing each response by

the total number of persons who answered the question.

Source: Bureau of Labor Statistics (BLS) Work Injury Report (WIR)

Injuries in the Logging Industry, Bulletin 2203, June 1984.

h. Factors contributing to the accident. Table 14 shows the

conditions or factors that the injured worker felt contributed to his/

her accident. With regard to natural conditions, more than 30 percent

said the sloping terrain and heavy brush had been a factor. In

addition, 15 percent of the injured employees said that a danger tree

had contributed to the accident.

Human factors also contributed to accidents, according to the

injured employees. More than 20 percent said that the fast speed at

which they had been working contributed to their accident. OSHA notes

that 10 percent of those injured were unaware of the hazards when they

were injured.

Table 14.--Conditions or Factors Contributing to Accident

------------------------------------------------------------------------

Conditions or factors employee felt contributed to

accident Number Percent

------------------------------------------------------------------------

Natural conditions:

Defects in tree................................. 63 7

Snag or deadwood in tree........................ 75 8

Spring pole or wood under tension............... 105 11

Hidden wood on ground........................... 61 7

Weather conditions.............................. 56 6

Slippery conditions............................. 80 9

Heavy brush or ground cover..................... 173 19

Steep terrain................................... 109 12

Other natural conditions........................ 71 8

No natural conditions contributed............... 335 36

---------------------

Total......................................... 934 (\1\)

=====================

Other factors:

Co-worker's activity............................ 54 6

Working too fast................................ 186 22

Too noisy....................................... 13 2

Working when tired or fatigued.................. 64 8

Handling too heavy an object.................... 45 5

Misjudged time or distance...................... 118 14

Not paying full attention....................... 65 8

Unaware of hazards.............................. 83 10

Wrong cutting method............................ 35 4

Other:.......................................... 53 6

No other factors contributed.................... 282 34

---------------------

Total......................................... 839 (\1\)

------------------------------------------------------------------------

Notes:\1\ Because more than one response is possible, the sum of the

responses and percentages are calculated by dividing each response by

the total number of persons who answered the question.

\2\Due to rounding, the percentages may not add to 100.

Source: Bureau of Labor Statistics, Work Injury Report (WIR) Injuries

in the Logging Industry, Bulletin 2203, June 1984.

i. Severity of injury. The WIR survey also indicates that when

employees were injured in logging operations, their injuries were more

severe than injuries occurring in other industry sectors. Table 15

shows that almost three- fourths of those injured missed more than 1

day of work due to their injuries. Over 30 percent missed more than 10

days of work. The average lost-time case resulted in 23 days away from

work. In addition, Table 16 shows that more than one-fifth of those

injured were hospitalized an average of six nights.

Table 15.--Estimated Days Away From Work

------------------------------------------------------------------------

Days away from work Number Percent

------------------------------------------------------------------------

No days........................................... 270 26

1 to 5 days....................................... 234 22

6 to 10 days...................................... 103 10

11 to 15 days..................................... 57 5

16 to 20 days..................................... 58 6

21 to 25 days..................................... 27 3

26 to 30 days..................................... 47 4

31 to 40 days..................................... 45 4

41 to 60 days..................................... 43 4

More than 60 days................................. 50 5

Lost-time cases for which days not estimated...... 116 11

---------------------

Total......................................... 1,050 100

Mean days away from work: 23

Median days away from work: 10

------------------------------------------------------------------------

Notes:

\1\Total excludes 5 employees for whom data were not available.

\2\Due to rounding, percentages may not add to 100.

Source: Bureau of Labor Statistics, Work Injury Report (WIR) Injuries in

the Logging Industry, Bulletin 2203, June 1984.

Table 16.--Length of Hospitalization

------------------------------------------------------------------------

Length of hospitalization Number Percent

------------------------------------------------------------------------

No hospitalization.................................. 849 80

1 night............................................. 29 3

2 nights............................................ 26 2

3 nights............................................ 27 3

4 nights............................................ 16 2

5 nights............................................ 26 2

6 nights............................................ 11 1

7 nights............................................ 13 1

8 nights............................................ 15 1

9 nights............................................ 3 (\1\)

10 nights........................................... 6 1

11 to 20 nights..................................... 9 1

21 to 30 nights..................................... 8 1

More than 30 nights................................. 4 (\1\)

-------------------

Total........................................... 1,059 100

Mean length of stay in hospital: 6 days

Median length of stay in hospital: 4 days

------------------------------------------------------------------------

Note:

\1\Due to rounding, percentages may not add to 100.

Source: Bureau of Labor Statistics, Work Injury Report (WIR) Injuries in

the Logging Industry, Bulletin 2203, June 1984.

4. OSHA First Reports of Serious Injury (FRSI). OSHA also utilizes

a telephone reporting system for the field staff to inform the national

office of the occurrence of serious or significant accidents. This

telephone call system is part of the OSHA emergency communications

system. Regional Administrators are required to file first reports of

fatalities, catastrophes and other important events (such as those that

receive significant publicity) to the National Office. The information

is recorded on a form entitled First Report of Serious Accident (FRSI).

Approximately 1,200 reports are received by the National Office yearly.

None of the reports are screened prior to OSHA receiving them to

eliminate those from a certain industry, occupation or because of other

factors. None of these reports may be considered statistically

significant by themselves in attempting to determine the number of

accidents that have occurred. However, they do give an indication of

where many serious accidents have occurred and the types of work being

performed at the time of the accidents.

OSHA has examined the FRSI reports and identified 105 (Ex. 4-65)

that occurred while employees were performing logging operations. These

accidents occurred between October 1985 and December 1989. Table 17

lists the logging accident reports as a percentage of all accident

reports received.

Table 17.--First Reports of Serious Injury Accidents in Logging Industry

------------------------------------------------------------------------

Total

Period reports Logging Percentage

------------------------------------------------------------------------

Oct-Dec 85................................ 228 12 5.26

Jan-Dec 86................................ 1147 30 2.62

Jan-Dec 87................................ 1236 29 2.35

Jan-Dec 88................................ 1330 23 1.73

Jan-Dec 89................................ 1150 11 .96

-----------------------------

Totals................................ 5091 105 2.06

------------------------------------------------------------------------

Source: Office of Electronic/Electrical and Mechanical Engineering

Safety Standards, Directorate of Safety Standards Programs, OSHA.

The percentages attributable to logging injuries are particularly

large in relation to the total employment in the industries

represented. Using employment rates for 1985-1989 for the private

sector and for the logging industry, OSHA observes that the percentage

of accidents recorded on the FRSI for logging for each year far

exceeded the percentage of employees in logging compared with the

private sector. Whereas, logging employment constituted one tenth of

one percent of total private sector employment, the reports of serious

accidents in logging averaged about two percent of the total accidents.

Table 18 lists these employment rates as they appear in the BLS annual

reports entitled, Occupational Injuries and Illnesses in the United

States by Industry, (followed by the year of the data). (See section A

above.)

Table 18.--Private Sector and Logging Industry Employment Rates (1985-

1989)

[All numbers are in thousands]

------------------------------------------------------------------------

Private Logging

Year sector industry

------------------------------------------------------------------------

1985............................................ 81,601.3 82.7

1986............................................ 83,291.2 82.9

1987............................................ 85,686.0 85.0

1988............................................ 88.698.8 90.3

1989............................................ 91,111.0 87.4

------------------------------------------------------------------------

Sources: Bureau of Labor Statistics, Bulletin Nos. 2278 (1985) (Ex. 2-

30), (1986), (1987) (Ex. 38B), (1988) (Ex. 38C), and (1989).

OSHA was also able to identify from the FRSI reports the activity

that was being conducted at the time of the accident and the causes of

the accidents. For example, more than one-half were involved in cutting

activities when they were seriously injured. OSHA also notes that

almost nine percent were seriously injured in machine rollover or

tipover accidents while only 1 employee was injured by a jillpoke.

Table 19 lists the activity being conducted or the causes of the

accidents.

Table 19.--First Reports of Serious Injuries--Logging Operations October

1985-December 1989 Activity Being Conducted/Cause of the Accident

------------------------------------------------------------------------

Activity/Cause Number Percent

------------------------------------------------------------------------

Felling Tree................................... 30 28.6

Lodged Tree.................................... 17 16.2

Working Around Danger Tree..................... 13 12.3

Struck by Falling Load......................... 10 9.5

Vehicle Tipover................................ 9 8.6

Struck by Vehicle.............................. 8 7.6

Electrocutions................................. 3 2.9

Fall from Vehicle.............................. 2 1.9

Skidding....................................... 2 1.9

Delimbing...................................... 1 1.0

Jillpokes...................................... 1 1.0

Other.......................................... 9 8.6

------------------------

Total...................................... 105 100

------------------------------------------------------------------------

Note: 1. The percentages may not be equal 100 due to rounding.

Source: Office of Electronic/Electrical and Mechanical Engineering

Safety Standards, Directorate of Safety Standards Programs, OSHA.

5. OSHA Fatality/Catastrophe Investigations Report (FCI). OSHA

regulations require that all workplace fatalities be reported to the

nearest OSHA Area Office. Employers are required to complete a

Fatality/Catastrophe Event Report Form (OSHA 36), which is reviewed by

the OSHA Area Director to determine whether an investigation of the

fatality is warranted. In 1989, OSHA published a study of 141 logging

fatalities that occurred during the period of 1978-84 (Ex. 4-61). These

fatalities do not represent all logging industry fatalities during that

time period.

According to the study, 71 percent of those logging employees

killed were out in the cutting area. Only one percent each were killed

on skid trails or at landings.

The study also indicated that 43 percent of those killed were

felling trees at the time. Employees performing yarding and bucking and

limbing operations each accounted for 13 percent of the fatalities. The

overwhelming majority of employees (72%) were killed when they were

struck or crushed by a tree, log or limb, while 17 percent were killed

in machine accidents. One percent were killed in chain-saw accidents.

Unsafe work practices, misjudgments and lack of training or

supervision accounted for 42 percent of the fatalities while less than

one percent were due to equipment failure.

6. Maine Bureau of Labor Statistics. The State of Maine Bureau of

Labor Statistics (Maine BLS) has compiled various statistics on

injuries and fatalities in the logging industry (Ex. 4-174, 4-175, 4-

176).

Maine BLS conducted a detailed survey of 189 logging employee

injuries that occurred between May and July of 1982 (Ex. 4-175). This

number does not represent all logging employees who were injured during

that period. According to this survey, 35 percent of employees

reporting injuries were struck by trees, logs or limbs. Chain-saw

accidents accounted for 26 percent of the reported injuries while 13

percent of the logging employees were injured in slips or falls.

According to Maine BLS, the category that showed a significantly

higher than average percentage of disabling injuries was chain-saw

accidents. Over one-half of all chain-saw accidents involved kickback.

In over 70 percent of the kickback accidents, the chain saws were

equipped with chain brakes. Maine BLS said that chain brakes had played

a significant role in lessening the effects of the injury. Less than 13

percent of chain-saw accidents where chain brakes were present resulted

in hospitalization, while nearly 50 percent of the accidents involving

other than chain saws resulted in hospitalization.

This survey also indicates that two-thirds of all logging accidents

resulted in lost workdays and 13 percent of all injuries required at

least one overnight in the hospital. The average hospitalization was

for five days.

Maine BLS has also compiled statistics from 1980-87 of chain-saw

injuries that resulted in a first report of serious injury (Ex. 4-176).

According to this report, average chain-saw injuries for each year was

362. Of those, an average of 237 (65%) were disabling injuries, that

is, injuries which result in lost workdays.

Maine BLS has also examined disabling logging injuries reported

from 1985-87 that had resulted in lacerations (Ex. 4-174). During those

three years, there were an average of 183 disabling lacerations each

year.

7. Washington State Logging Fatalities. A detailed study has been

compiled on logging fatalities in the State of Washington from 1977-83

(Ex. 4-129). Of the 135 fatalities that occurred during those years,

the study analyzed 92 percent of them. Death certificates and reports

of investigations by Washington OSHA were used in the analysis.

According to this study, the overall annual fatality rate for

logging during this period was approximately 2 per 1,000 full-time

employees. Those employees who were killed had a mean length of

experience in the logging industry of 11.6 years. Less than 10 percent

had less than one year's experience.

More than 40 percent of all loggers killed were engaged in felling

activities, while 23 percent were killed performing yarding operations.

Almost 20 percent of the loggers were operating logging machines at the

time of their accident. Table 20 shows the jobs employees were

performing at the time of their accident.

Table 20.--State of Washington Logging Fatalities, 1977-83

------------------------------------------------------------------------

Job title Number Percent

------------------------------------------------------------------------

Feller/bucker................................... 53 42

Choker-setter................................... 23 18

Mobile equipment operator....................... 16 13

Hook tender..................................... 8 6

Chaser.......................................... 7 6

Yarder operator................................. 6 5

Loader.......................................... 6 5

Rigging slinger................................. 5 4

Pondworker...................................... 1 1

-----------------------

Total......................................... 125 100

------------------------------------------------------------------------

More than 65 percent of all employees killed were hit or crushed by

a log or tree. While most of these employees who were hit or crushed by

a tree were the result of their own activity, more than eight percent

were hit by trees being felled by another employee. Approximately nine

percent were killed in machine rollover accidents, while 10 percent of

those employees killed were struck by a machine or vehicle. Table 21

shows the causes of the accidents in which loggers were killed.

Table 21.--State of Washington Logging Fatalities by Type, 1977-83

------------------------------------------------------------------------

Percent

Type of accident Number

------------------------------------------------------------------------

Struck by tree brought down by the deceased........... 34 26

Struck by tree felled by another person............... 11 8

Struck by rolling log................................. 20 15

Struck by log being dragged........................... 18 14

Struck by mobile equipment............................ 13 10

Equipment rollover.................................... 12 9

Struck by boom or rigger.............................. 7 5

Struck by log falling from truck during loading....... 3 2

Electrocution......................................... 2 2

Other................................................. 9 7

Unknown............................................... 3 2

-----------------

Total............................................... 132 100

------------------------------------------------------------------------

According to the study, accident investigation reports indicted

that many of the deaths would not have occurred if the employees had

been following safe work practices and had remained out of hazardous

areas (e.g., other occupied work areas).

C. Need for agency action.

OSHA believes that current logging methods and the inherent dangers

posed by work in the woods, such as those caused by inclement weather,

uneven terrain and isolation from health care facilities, present

significant hazards to employees engaged in logging operations across

the nation, regardless of the type logging being conducted or the end

use of the wood. The presentation of data in the preceding section

further demonstrate the level of risk to which all loggers are exposed.

Nevertheless, the existing OSHA safety standard for pulpwood logging

(29 CFR 1910.266) specifically addresses only one segment of the

logging industry--logging operations whose forest product ends up as

pulp. Although OSHA does not know precisely the breakdown of employment

and occupational injuries between pulpwood and other logging

operations, the data and other information available to OSHA indicate

that similar hazards exist in both sectors of the industry.

The preceding section has shown that the logging industry remains a

high risk industry, regardless of the end use of the forest product. In

particular, the data show:

1. Employees engaged in logging operations have a substantially

higher risk of injury and death than workers in many other industries,

including other high hazard industries.

2. If they are injured, loggers are more likely to be hospitalized

and lose workdays compared to employees in most other industries, as

evidenced by the very high lost-workday incidence rate.

3. When loggers are injured, their injuries are much more severe

and result in longer hospitalizations and more lost time per employee

than do the injuries of employees in most other industries.

4. Loggers also have a much higher incidence of fatalities than

employees in other industries.

In addition, the Regulatory Impact Analysis for the final logging

standard estimates, based on the various data in the record, that there

are an average of 158 fatalities, 6,798 lost workday injuries and 3,770

non-lost workday injuries that occur each year in the logging industry.

(For further discussion see section VI of this preamble.)

Of the 72,100 employees engaged in logging operations as defined by

the final rule, only 38 percent (27,170) are covered by State Plan

State logging standards,\5\ which currently provide protection

regardless of kind of logging operation in which the loggers are

employed. Of the estimated 62 percent (44,930) of logging employees who

are not covered by State plan State standards, OSHA estimates that at

only one-third (16,478) are covered by the existing pulpwood logging

standard. That means that almost two-thirds (28,452) are not covered by

any Federal or State logging standard. (This estimate is consistent

with the WIR survey, which indicated that only 35 percent of those

surveyed were engaged in pulpwood logging operations.)

---------------------------------------------------------------------------

\5\In 1977, the leading states in logging employment (with 48

percent of the total) were Washington (15, 400), Oregon (14,000),

California (6,100) and Maine (4,300). By 1982, the employment

pattern had shifted and the leading states (with 42 percent of the

total) were Washington (11,900, down 3,500); Oregon (11,300, down

2,700); Georgia (5,400, up 1,600); and Alabama (5,000, up 1,200).

California (3,900, down 2,200), was no longer one of the leaders.

Overall logging employment in the Pacific Coast states decreased 22%

during this period. The South was the only region in the country to

show an increase in logging employment (21%). This employment trend,

resulting in the change from harvesting the Pacific Coast's old-

growth timber to increased harvesting of third and forth-growth pine

forests in the south, means that an increasing proportion of logging

employment is in states not covered by state logging standards. (As

noted earlier, only Alaska (16th in 1982), California (7th), Hawaii

(very small), Michigan (19th), Oregon (2nd) and Washington (1st)

have OSHA approved state logging standards covering all loggers.)

This means that as the centers of activity (and employment) shift

from the old growth forests of the pacific coast to the pine forests

of the south, fewer employees conducting general logging (non-

pulpwood logging) will be covered by these State plan State logging

standards.

---------------------------------------------------------------------------

The preceding section shows there has been a steady decrease in

injury and lost-workday incidence rates since the adoption of OSHA's

existing pulpwood logging standard and the State plan State standards.

In addition to a further reduction in accidents for those employers

currently covered by OSHA and State logging standards, OSHA believes

that a substantial reduction in incidence rates can be achieved by

promulgating a uniform national logging standard that provides

protection for all employees engaged in logging operations.

In developing the proposed rule, OSHA used the l978 ANSI standard

as its model for a uniform national logging standard, since many of its

requirements were stated in performance language. This is in keeping

with the Agency's determination that properly drafted performance

standards can adequately address safety and health hazards without

unnecessarily impeding technological advancement and employer

innovation. The final rule provides a base level of safety for

employees in all logging operations. At the same time, it still allows

those State plan States with more complicated or specialized local

conditions to develop their own detailed standards, as several States

have already done.

Many participants in this rulemaking have said that a comprehensive

performance-based logging standard is necessary to reduce the risk of

injury and death (Ex. 5-6, 5-10, 5-17, 5-18, 5-21, 5-22, 5-42, 5-46, 5-

74 through 5-92; Tr. W1 21, 73, 202). OSHA agrees with these

commenters. The Agency believes that the integrated program of personal

protective equipment; equipment, machine and vehicle protective

devices, inspection and maintenance; work practices; and training

contained in the final rule is reasonably necessary and appropriate to

reduce the high injury and fatality incidence rates in this industry.

V. Major Issues

A. Introduction

As a result of issues raised by those commenting on the proposed

logging standard, OSHA solicited information on 10 major issues in the

notice of public hearing (55 FR 19745, May 11, 1990). OSHA requested

detailed information on a variety of issues including training,

personal protective equipment, first aid, chain-saw protective devices,

and seat belts. These issues were discussed by the participants during

the public hearings and in post-hearing comments. The evidence

submitted to the record is summarized and evaluated in the following

discussion of each issue and in the summary and explanation of the

final rule.

1. Training. Comments on the proposed rule generally supported the

need for training. Several commenters, however, raised specific

questions about particular training issues. As a result, OSHA requested

in the hearing notice further comment on the following training issues:

Effective date of training, sufficiency of training, and portability of

training.

a. Effective date for training. In the proposed rule, OSHA would

have required employers to be in compliance with all provisions of the

final logging standard within 60 days of publication of the rule in the

Federal Register. The proposed rule did not provide extended compliance

time for employers to familiarize themselves with the standard and to

develop and conduct training. Some commenters said additional time to

meet the training requirements of the rule was unnecessary (Ex. 9-3, 9-

13; Tr. OR 343). These commenters said that in many logging

establishments training is already being provided and that employers

would not require significant time to incorporate the proposed training

requirements into their ongoing programs. However, other commenters

argued that the effective date for training should be delayed because

additional time was necessary to develop the required training program

and to train employees (Ex. 5-2, 5-27, 9-1, 9-2; Tr. W2 243-44).

Commenters proposed various effective dates for training. For example,

the Northeastern Loggers Association, Inc., recommended a 2-year phase-

in of the training requirements (Ex. 5-2). The American Pulpwood

Association, Inc. (APA), however, supported a shorter six-month phase-

in period:

Safety training programs for loggers are largely specific to a

function (for example, proper felling technique). A fully

comprehensive training package will have to be developed to meet the

training requirements. APA is attempting to develop training

programs and have them available by the end of 1989. * * * APA will

seek OSHA staff review of its training program as it is developed.

We'd like a brief delay in enforcement, just long enough for us to

have something available for employers (Ex. 5-27).

At the hearing there was little testimony about delaying the

effective date for training. Mr. Doug Domenech, testifying on behalf of

APA, repeated APA's position that employers should be given some

additional time to comply with training requirements:

The training is a very needed thing and, unfortunately, we just

don't have the infrastructure to provide that training. That's why *

* * we * * * hope that OSHA will give some kind of variance on time

before citations are delivered because it's just not out there. If

loggers had to comply with a training requirement today, they'd all

be cited (Tr. W2 243-44).

At the same time, however, Mr. Alex Hansen, of Associated Oregon

Loggers, Inc. (AOL), testified that Oregon loggers already were in

compliance with the training provisions contained in the proposed rule:

As far as we're concerned in Oregon, you could implement the

training tomorrow. We already have it in place. We don't have a

problem with it. We're advocates of safety training in the woods. I

know some other states have some problems. They haven't been doing

it or maybe not as strenuous as the Oregon rules, and I understand

their problems, but as far as our association is concerned, if you

pass it tomorrow, we're in compliance (Tr. OR 343).

The record indicates that training materials and courses for

logging safety are widely available and that many logging

establishments have implemented training programs (Ex. 4-122, 4-123, 4-

181, 5-20, 5-33, 9-1, 9-2, 9-5, 9-6, 36; Tr. W1 163-64, W2 113, 115,

125, 199-201, OR 87, 259-60, 393, 546-47, 566). Trade associations such

as AOL, APA and the Montana Logging Association have been providing

training materials on an on-going basis (Ex. 5-27). APA expected to

have completed a comprehensive training package for its members

companies by 1989. In addition, state agricultural extension services

are a source of training information (Ex. 4-122, 4-123). Several

hearing participants submitted descriptions of their training programs

and the actual training materials (Ex. 21, 22, 23, 24, 26, 28, 29).

OSHA is aware that many of the existing training programs are based

on the training requirements of OSHA's pulpwood logging standard.

Because the training requirements have been revised in this final rule,

current training programs will have to be reviewed and upgraded, when

necessary, to meet the revised requirements. In addition, the training

provisions of the final rule vary to some degree from the proposed

rule. As such, employers who made changes in their programs in response

to the proposed rule will have to review their training materials to

assure compliance with the final rule.

OSHA is aware that employers, trade associations and other

organizations that provide training will need time to prepare and/or

update training programs to meet the requirements of the final rule and

will need time to provide training to employees. However, the record

also shows that many companies and organizations already have developed

training programs that meet most of the requirements of the final rule

(Ex. 5-20, 5-27, 5-52, 5-69, 9-2; Tr. OR 343). Many establishments,

especially those in States that have logging standards, already are

providing training (Ex. 21, 22, 23, 24, 26, 28, 29). Therefore, OSHA

does not believe that a lengthy delay is necessary to meet the training

requirements of the final rule. The Agency believes that extending the

effective date of the standard for 120 days after publication of the

final rule in the Federal Register will be sufficient to allow

employers and others to familiarize themselves with the final rule, to

update training programs to meet the provisions of the final rule, and

to conduct initial training. This phase-in period also will give

employers time to determine whether current and new employees have

received the training in all of the elements specified in this section

or whether they will need additional training.

b. Sufficiency of training. The second issue raised in the hearing

notice concerned what training OSHA would consider sufficient to meet

the training requirements in the final rule. Some commenters supported

OSHA's preference for performance based training (Ex. 9-3, 9-15). Other

commenters argued for detailed specifications to be included in the

training requirements, including a minimum number of hours of training

(Ex. 9-13, 9-19).

In general, the final rule contains training requirements in

performance language to allow employer flexibility in tailoring

training programs to the individual circumstances under which they

operate. The final rule sets forth the basic elements that must be

covered in the employer's training program, such as safe performance of

assigned work tasks; safe use of tools; recognition and control of

workplace hazards; prevention and control of general logging hazards;

and the requirements of the final standard. The training provisions

also require that employees initially work under supervision and that

they demonstrate the ability to perform their work tasks safely before

being released from supervision.

As discussed elsewhere in this preamble, each logging establishment

has unique conditions or hazards associated with its logging

operations, that result in unique methods of operation. OSHA believes

that the general elements of the training provisions allow employers to

take into account those differences while still requiring the employer

to assure through training that each employee is able to perform the

job safely.

On the basis of information submitted to the record and the

testimony presented during the hearings, OSHA has determined that

employers will not have difficulty in complying with the training

requirements of the final rule. OSHA believes that the performance-

based elements adopted in the final rule will enhance employee safety

and will provide employees with the tools to permit them to actively

participate in providing their own protection.

The Industrial Truck Association (ITA) recommended that OSHA

specify in greater detail the training required for industrial truck

operators (Ex. W1 5-47, Tr. 221-27). ITA urged OSHA to adopt the

training provisions from the ASME B56.6 standard on rough-terrain

forklift trucks. Mr. William Montweiler, testifying for ITA, stated:

Part Two of the B56.6 standard addresses general safety and

operating practices that are highly relevant to the proposed rule's

training provisions. Although ITA is pleased that the proposed

rule's training provisions provide greater detail than OSHA's

industrial truck rule, these provisions can be made still more

effective by additional particularity.

The proposed rule merely requires that employees be trained to

recognize safety hazards and trained ``in the safe use or

maintenance of any machinery, equipment, or tools that they may be

required to operate or maintain.'' This directive, we feel, is

inadequate because it fails to state the elements that comprise an

effective training program.

By contrast, paragraph 5.17.4 of the B56.6 voluntary standard

lists numerous elements of a proper training program specific to

rough-terrain forklift truck operation, including explanation of the

safety-related aspects of truck and component design; location and

function of controls; supervised practice; oral, written, and

operational performance testing; and refresher courses. ITA

requests, therefore, that the final logging operations rule

incorporate the training provisions contained in the B56.6 standard.

OSHA believes that the performance-based and competency-based

training provisions contained in the final standard adequately address

ITA's concerns, and that more specific requirements in this standard

for forklift truck operator training are not warranted for several

reasons.

First, the record indicates there is not a significant number of

rough-terrain industrial trucks used in logging operations. Mr. Richard

Lewis, testifying on behalf of APA, confirmed the limited use of rough-

terrain industrial trucks in the logging industry:

The American Pulpwood Association currently employs seven

technically trained foresters, two in Washington and five in

division offices throughout the U.S. And collectively we've worked

in the field for approximately 103 man years, and we get out on

logging operations every month and sometimes once a week, and we

have never, never observed the use of a rough terrain fork lift in a

logging operation (Tr. OR 478-79 OR).

Second, the ASME standard to which ITA refers, B56.6, does not

focus on any unique problems with the use of industrial trucks in

logging operations. Conversely, the logging standard is intended

primarily to deal with workplace hazards that are unique to logging

operations.

Third, in any event, the final standard achieves the same training

outcome as the B56.6 standard: demonstrated ability to safely operate a

rough-terrain industrial truck.

OSHA is in agreement with ITA that safety in industrial truck

operation is important in the logging industry as well as all other

industries. OSHA believes that the issue of training of industrial

truck operators is more appropriately addressed in more detail in

OSHA's forthcoming proposed standard on industrial truck operator

training. OSHA believes the major safety issues involving industrial

truck operation can be fully and specifically examined and addressed in

that rulemaking.

c. Portability of training. The third issue raised regarding

training involves the portability of training; that is, whether current

and new employees who are experienced and previously trained must

receive additional or supplemental training. The proposed rule would

have required that each new employee be trained, regardless of whether

he/she had been trained previously.

Some commenters supported the proposed requirement (Ex. 9-2, 9-3,

9-9, 9-13). Several commenters disagreed with the scope of employees

that need training, stating that trained and experienced loggers should

not require the same training as an inexperienced new employee (Ex. 5-

21, 5-33, 5-39, 9-2; Tr. W1 63, OR 85).

OSHA believes that training is important for all loggers regardless

of whether they have no logging experience or have many years of

experience. The need to provide training for even experienced loggers

is buttressed by the WIR survey of injured loggers, which indicated

that over one third of those injured had never received training (Ex.

2-1). In addition, more than 60 percent of those injured had worked 5

years or more in the logging industry. In fact, only 22 percent of

those injured had worked in the logging industry for one year or less.

At the same time, OSHA does not want to penalize those employers

who already have instituted training programs that meet the

requirements of the final rule or can easily be brought into compliance

with the final rule. In addition, OSHA does not want to impose an

unnecessary burden on an employer who hires loggers who have received

the training required by this section on a prior job.

In order to eliminate unnecessary duplication of training in the

final rule, OSHA is not requiring employers to retrain employees who

have received training in the specific requirements of this section.

The final rule only requires the employer to train employees in those

elements in which the current or new employee has not been trained. For

example, an employee may need to be trained to recognize hazards that

are specific to the terrain in which the work is being done, and to

utilize safe work practices to avoid or control these hazards. In

addition, a new employee, even if experienced in logging operations,

may not be familiar with various work site procedures of the new

employer, such as signals to be used. It is important for new employees

to be brought up to speed with the current logging practices so other

members of the logging crew are not placed at risk by the actions or

inactions of the new employee.

OSHA has included in the final rule a provision that each new

employee and each employee who must be trained work under the

supervision of a designated person until they can demonstrate the

ability to perform their new duties safely. OSHA's position on the

supervision requirement was supported by various hearing participants.

For example, various witnesses at the hearing noted that close

supervision of new employees, regardless of their experience, is a

widely accepted practice in the logging industry and a means of

determining whether the employee's previous training was adequate (Tr.

W1 91-92, OR 95-97, 204-05, 275-76, 374, 456-57, 635-36). As such, OSHA

believes that the inclusion of the supervision requirement in the final

rule will provide the necessary safety to both the new and current

employee, and will not impose a significant burden on the employer.

2. Personal protective equipment. In the hearing notice OSHA raised

the issue about who should pay for personal protective equipment (PPE)

that employees are required to use or wear. The Agency proposed that

employers provide PPE and assure it is used by employees when required.

OSHA's intent in the proposed rule was that the employer provide

personal equipment at no cost to the employee. PPE items included in

the proposed rule were gloves, leg protection, logging boots, safety

helmets (hard hats), eye or face protection, and respiratory

protection.

Many commenters agreed that the personal protective equipment

specified in the proposed rule should be used. (Ex. 5-32, 5-42, 5-64,

9-2, 9-15, 9-16, 9-20). Some commenters urged OSHA to require that the

employer be responsible for providing all PPE (Ex. 9-3, 9-13). They

said that only if the employer provided the PPE could he assure its

quality, design and maintenance. However, many other commenters opposed

requiring logging employers to provide certain types of PPE, and their

opposition focused primarily on logging boots (Ex. 5-11, 5-21, 5-32, 5-

39, 5-45, 5-51, 5-55, 5-74 through 5-92, 9-2, 9-5, 9-15, 9-17, 9-18;

Tr. W1 74-75, 110, 177, OR 22, 79, 205, 262, 441, 533, 632, 701). Many

commenters did not give any reason why the employer should not be

required to pay for PPE. Other commenters contended primarily that

employers would be financially burdened if they had to pay for certain

high cost PPE, such as individually-fitted and non-reusable logging

boots, in an industry that has such a high turnover rate. Other reasons

for not requiring the employer to provide certain types of PPE were the

use of certain PPE by employees outside the workplace, and industry

custom.

Commenters noted that employee turnover in the logging industry is

very high (Ex. 5-11, 5-21, 5-39, 5-49, 5-51, 5-55, 5-56, 5-63, 5-65, 5-

74 through 5-92; Tr. W1 74-75, 110, 177, OR 22, 79, 205, 262, 441, 533,

632, 701). Some commenters also indicated that employees sometimes work

only one or two weeks before leaving, often taking jobs at another

logging establishment (Ex. 5-55, 5-74 through 5-92; Tr. OR 78). These

commenters argued that it would be unfair to require employers to pay

for expensive logging boots given the high turnover rate of the logging

industry. One commenter said:

[I]t frightens us to think that we might be providing a $300

pair of boots for a man that's there a week (Tr. W1 74).

These commenters also contend that for some PPE, particularly

logging boots, employers might have to buy new PPE every time they hire

a new employee. First, this would be necessary because terminated

employees do not return PPE they are issued (Ex. 5-45). Second, these

commenters argue that, unlike PPE such as ear muffs and head and leg

protection, logging boots are an item of PPE that cannot be reused by

other employees because of size and hygienic concerns (Ex. 5-29, 5-43,

5-44, 5-62, 5-74 through 5-92, 9-1, 9-15, 9-21; Tr. OR 78). Because

logging boots cannot be worn by other employees, these commenters said

employers view logging boots as ``personal clothing.'' In addition,

these commenters said that even if employees did return their logging

boots, new employees would be unwilling to wear used logging boots. One

commenter said:

Suppose a new employee comes to work in the spring and finds he

can't or doesn't want to be a logger so he hands in his $200 boots

with two weeks wear and tear and leaves. Is the next guy going to

accept ``used'' boots someone else wore? (Ex. 5-78)

The commenters said that requiring employers to pay for new PPE,

primarily logging boots, for each new employee would place a

considerable financial burden on employers (Ex. 5-32, 5-39, 5-45, 9-15;

Tr. W1 74, OR 78, 350). They said the cost would be particularly

burdensome for small establishments that comprise the vast majority of

the logging industry. Their basis for this conclusion is that logging

boots are very costly, ranging from $60 to $400 a pair (Ex. 5-45, 9-15;

Tr. W1 74, OR 78, 350). In addition, they said employees need two to

three pairs of logging boots a year. The commenters, however, did not

present any financial or economic evidence as to the burden (e.g.,

effect on profits, sales, etc.) on the industry as a whole, and

particularly small employers as a group, of providing logging boots.

One commenter said employers should not be required to pay for

logging boots that are used by employees away from workplace (Ex. 5-

39). This commenter said employees take their logging boots with them

when they seek new employment (Ex. 5-39). He also said employees use

their logging boots for hunting and cutting their own wood (Ex. 5-39).

In contrast, the record shows that other types of PPE (e.g., leg

protection, safety glasses and hearing protection) remain with the

employer, therefore, they are not used away from the workplace (e.g.,

Ex. 5-32). In addition, one commenter said that these types of PPE are

already being provided by many establishments as standard industry

practice (Ex. 5-32).

Finally, several commenters said that employers should not be

required to pay for certain PPE because the custom in the logging

industry is that employees, especially piece-rate workers, provide

their own PPE, particularly logging boots (Ex. 5-11, 5-24, 5-45, 5-67,

5-74 through 5-92). These commenters said that piece-rate workers

provide all ``tools of the trade,'' that includes some types of PPE.

However, the record also shows that some logging establishments do

provide logging boots (Ex. 5-32; Tr. W1 177). For example, one

commenter said:

[T]he way we set it up is that when you're with us for one year

we will buy you three pair of boots and we will supply all safety

equipment.

After you are with us for one month, we will supply safety

chaps, the helmet, the whole works. The first day you come on the

job we will supply the helmet, a helmet with the eye protection and

the ear protection (Tr. W1 177).

Another commenter said:

In most instances items such as ear plugs, safety glasses,

bucking chaps or any other safety item required to work in a safe

environment are provided (Ex. 5-32).

OSHA has carefully reviewed the evidence in the record and, for

several reasons, has decided in the final rule to delete the general

requirement that the employer be required to provide logging boots.

However, the final rule does require that such boots be worn by logging

employees, and holds the employer responsible for assuring that the

employee has logging boots and wears them. As to the other PPE

requirements specified in paragraph (d), OSHA has retained the language

of the pulpwood logging and proposed standards that the employer

provide such PPE at no cost to the employee.

The OSH Act imposes on employers the responsibility for compliance

with standards and for providing safe working conditions for employees.

This responsibility has been recognized in OSHA's personal protective

equipment standards at 29 CFR 1910.132 through 29 CFR 1910.138. Section

1910.132(a) establishes the employer's obligation to provide and

maintain personal protective equipment whenever such equipment is

necessary by reason of the hazards in the workplace.

Section 1910.132(b) does recognize that in some limited

circumstances that employees may provide their own PPE. However, OSHA

emphasizes that this practice is not the norm, but rather an exception

based on unusual or specific circumstances. In addition, section

1910.132(b) underscores the employer's continuing obligation to assure

the adequacy and maintenance of the PPE.

The record shows that special circumstances exist in the logging

industry which may make it appropriate for employees to provide their

own logging boots. First, the record shows that the logging industry is

highly transient, and that logging boots, unlike other PPE required by

the final rule, are not the kind of PPE that can be reused. Logging

boots purchased to fit one employee may not fit the next employee. It

is important that logging boots fit properly or the boot may not

provide the necessary protection. Therefore, based on current turnover

rates in the industry, employers would have to purchase non-reusable

logging boots costing $200 to $400 many times a year for newly-hired

employees, even though there is a significant likelihood that these

employees will remain in the job for only a short time.

Second, the record shows that logging employees tend to move from

one logging establishment to another, taking their ``tools of the

trade'' with them, particularly their logging boots. OSHA believes it

may be appropriate in this situation to allow employees to take their

logging boots to the next place of employment, rather than requiring

the new employer to provide logging boots. Logging boots are both

portable (i.e., not limited in use to or maintained at a particular

workplace, like respirators for instance) and in most cases they fit

only that particular employee therefore they cannot be reused by other

employees. The other items of PPE required by the final rule, such as

leg and head protection, tend to be both less personal to the employee

and more connected to the workplace itself, and can be readily used by

other employees.

Third, there is evidence in the record that employees do use their

logging boots away from work. Employees come to and leave work wearing

their logging boots, suggesting that the boots are used away from the

workplace. In addition, commenters cited specific activities where

logging boots are used away from the logging work site. The commenters

did not provide any comparable evidence that other items of PPE

required by the final rule are also used by employees away from the

workplace.

Based on the above, OSHA has decided in the final rule not to

require the employer to provide logging boots. The Agency emphasizes

that it is the totality of the special circumstances in the logging

industry that justify this determination. Of the reasons discussed

above, none of them standing alone would provide sufficient

justification for departing from the general requirement that employers

provide PPE. Rather, it is the combination of these reasons and special

circumstances in the logging industry that make it appropriate to allow

employees to provide their own logging boots.

OSHA also emphasizes that regardless of who provides the logging

boots, the final rule makes the employer responsible for assuring that

logging boots are used by the employee and are maintained in a

serviceable condition. In addition, in the final rule the employer is

responsible for assuring that logging boots are inspected before

initial use during a workshift. Attendant to this requirement, the

employer is also responsible for assuring that damaged and defective

equipment is either repaired or replaced before work is commenced.

With regard to the other items of PPE required by the final rule,

OSHA does not believe there is sufficient evidence in the record to

justify a departure from OSHA's long-established policy. Neither

industry practice nor turnover rates compel the Agency to relieve

employers of the obligation to pay for the other items of PPE for

loggers. Indeed, evidence in the record shows that many employers are

currently providing these other items of PPE (Ex. 5-32, 9-15; Tr. W1

177). The record shows that, unlike logging boots, these items of PPE

tend to remain at the workplace and are amenable for use by other

employees. Further, there is no evidence in the record of an

established practice of employees using such PPE away from the

workplace. Also, there is no evidence of established and uniform

industry practice of transporting such PPE from job to job. Therefore,

in the final rule, OSHA is requiring, except for logging boots, that

the employer provide PPE at no cost to the employee.

3. Leg protection. In the hearing notice OSHA raised three issues

concerning leg protection for chain-saw operators: specifications for

leg protection, the area to be protected, and potential disadvantages

of leg protection.

a. Specifications. The proposed rule would have required that

chain-saw operators wear leg protection made of ballistic nylon or

other material that provides at least equivalent protection. Many

commenters supported the leg protection requirement for chain-saw

operators (Ex. 5-5, 5-7, 5-17, 5-30, 5-33, 5-42, 5-45, 5-51, 5-60, 5-

68, 5-73, 9-9-11; Tr. W2 126-28). Several commenters and hearing

participants also supported OSHA's position that leg protection meet

certain criteria (Ex. 5-30, 5-60, 5-68, 5-73; Tr. W2 126-28). Two

commenters suggested that OSHA require leg protection made with KEVLAR

because they believe KEVLAR provides more protection than ballistic

nylon (Ex. 5-5, 5-30). One of these commenters said KEVLAR leg

protection provides 50 percent more protection than ballistic nylon

with a fraction of the weight and bulk, thus allowing easier movement

and reducing fatigue (Ex. 5-30). This commenter also said that the U.S.

Forest Service specifications call for KEVLAR leg protection. Other

commenters stated that a testing protocol for leg protection should be

adopted rather than specifying that leg protection be comprised of any

certain type of material (Ex. 5-60, 5-68, 5-72). One commenter said

OSHA should adopt the ISO or Canadian testing standards for leg

protection (Ex. 9-16). However, other commenters said there was no

consensus in this country regarding an appropriate testing standard

(Ex. 5-60, 5-68, 5-72). One commenter proposed that the following

testing standard be adopted:

[T]he protective garment must have a minimum ``Threshold Chain

Speed'' of 2500 feet per minute for operators using chain saws with

an engine displacement of under 65 cc and 3000 feet per minute for

operators using chain saws with an engine displacement of over 65

cc. Further the test procedure developed and currently used by the

US Forest Service [should] be adopted and defined as the test method

used to measure the ``Threshold Chain Speed'' of safety material

(Ex. 5-68).

Another commenter proposed that a different testing standard be

adopted in OSHA's final rule:

I propose to replace ``ballistic nylon or equivalent protection

covering each leg from the upper thigh to boot top or shoe top'' by

``leg protective device in conformity with the standard NQ 1923-450

``Protective pad for chain saw operators' trousers and leggings.\6\

---------------------------------------------------------------------------

\6\NQ 1923-450 is a test standard developed in Quebec Province,

Canada.

---------------------------------------------------------------------------

This performance standard covers all the requirements for safety

leggings such as the minimum coverage and a minimum performance

level. This performance level is measured in conformity with the

standard NQ 1923-450 ``Protective pads for chain saw operators'

trousers and leggings--Determination of stopping speed and cut-

through time.'' These two standards have been adopted by a consensus

of employers, workers, manufacturers of fabrics and PPE, government

and workers' compensation boards.

Other participants opposed specific criteria for leg protection

performance for several reasons (Tr. W2 206-07, OR 472-75, 496-98, 513-

14). First, some argued that there were no national consensus or State

standard to provide guidance on specification standards. Second, others

commented that a specification standard limited to ``ballistic nylon''

was too restrictive (Ex. 5-30; Tr. W2 189-90). Third, others stated

that there are no standards establishing specific performance criteria

of the material for leg protection. For example, APA testified:

APA does not know of any state leg protection apparel standard

in existence or under development. I can report to you that our

association has a special committee working on the development of a

safety apparel standard, and this committee has generally accepted

the Quebec Research Institute testing method, and now it's kind of

rewriting this testing method to meet the American Society of

Testing Materials guidelines. So the committee is close to

completing its work on endorsing an approved test procedure.

The next step in the committee's charge is to develop a

voluntary performance testing standard that would apply for leg

protection, safety boots and other apparel. That's going to be a

little way down the road. It's own opinion that the work of this

committee is not yet mature and that OSHA should probably not

attempt to include any specific performance testing standard for leg

protection or other safety items at this time. They're recommending

that you defer the inclusion of a specific leg protection

performance testing standard until the next revision of the OSHA

logging regulations, whenever that might be. It may be ten years

from now or fifteen years from now. At this point in time, we feel

it's much more important to get any safety equipment worn, rather

than to worry about whether or not it meets specific performance

standard (Tr. OR 472-75).

APA also testified that regional differences in chain-saw

operations also precludes a specification standard for leg protection:

I would also say in general our feeling is that logging is so

different obviously in every part of the country that often we've

got to have lead-way for the types of leg protection that might be

appropriate for a person working in the swamps of Louisiana as

opposed to the mountains of Montana. Not that we know what those

differences might be, but that in general we feel like the loggers

in those areas should be able to have the opportunity to design or

approve a leg protection that would be appropriate for their

situation (Tr. OR 207-08).

The record shows that leg protection for chain-saw operators is

essential to prevent injuries. According to the WIR survey, 64 percent

of injuries to chain-saw operators were due to kickback, an accident

that usually results in injury to the leg (Ex. 2-1). The WIR survey

also indicates that 22 percent of all injuries reported were to the

leg.

OSHA believes that leg protection made of ballistic nylon or

equivalent material is effective in preventing injuries to the leg. A

study by the French Farmers' Mutuality indicates that ballistic leg

protection was effective in preventing 12 leg injuries in 91 loggers

studies over an eight-month period (Ex. 37). Testimony and comments

show, however, that there is no accepted testing measurements standard

in this country on leg protection performance. In addition, the foreign

standards that do exist have not been generally accepted or used in

this country. Nonetheless, OSHA believes that a performance-based

requirement for leg protection to provide protection against contact

with a moving saw chain will provide flexibility for employers while

encouraging technological innovation, such as the work by APA.

For these reasons, in the final rule OSHA has adopted the proposed

provision requiring that leg protection be worn on each leg by all

chain-saw operators. However, OSHA has revised the final rule to

require that where the employer provides leg protection made of

material other than ballistic nylon, the employer is responsible for

demonstrating that it provides protection which is at least equivalent

to ballistic nylon, such as KEVLAR. This requirement ensures that

employees are protected against moving saw chains, while at the same

time providing flexibility for the employer.

b. Area to be protected and disadvantages of leg protection. The

other issues raised regarding leg protection concerned the parts of the

chain-saw operator's body that should be covered and its effect on

mobility and other potential safety disadvantages of wearing leg

protection.

The proposed rule specified that leg protection extend from the

upper thigh to the boot or shoe top. Many commenters supported the

proposed rule (Ex. 9-2, 9-3, 9-4, 9-5, 9-11, 9-13, 9-15, 9-16, 9-20).

One commenter said that the proposed rule followed the requirements of

the European draft standard (Ex. 9-11B). Some commenters said the

proposed rule was not protective enough and said the equipment for

protecting chain-saw operators should be expanded (Ex. 5-14, 5-68). One

of these commenters said:

[W]e would recommend that a standard be developed defining the

minimum coverage these garments should have, for example from crotch

to ankle bone with a minimum width measured at the knee of 9.5 (Ex.

5-68).

The other commenter recommended leg protection be extended to also

provide foot protection that is cut resistance to a chain saw (Ex. 5-

14). This commenter said that the additional foot covering protection

would also assure that the entire leg and ankle were covered if the

chaps were not long enough to cover the boot top.

Several commenters, however, said leg protection should be limited

in the final rule (Ex. 5-17, 5-45, 5-56, 5-65, 9-1; Tr. OR 227, 633-

34). Most of these commenters said that OSHA should not require leg

protection to extend from the upper thigh to the boot or shoe top.

First, these commenters said that extending leg protection from the

thigh to the boot or shoe top was not necessary because most of the

injuries occur to the area around the knee. For example, one commenter

stated:

A person using a chain saw would have to do some pretty

spectacular gymnastics to receive a chain saw cut more than 4''

below the knee. Once again, we have no recordable injuries for the

last 7 years involving chain saw cuts more than 4'' below the knee

(Ex. 5-45).

Another commenter stated that leg protection was not necessary for

climbers and bucket truck operators:

The major hazards for these individuals are cuts to the upper

body from saw kick-backs and falling material. Leg protection should

not be required, however the use of some of the new lighter and more

pliable pads sewn into pants should be encouraged whenever feasible

(Ex. 5-19).

Second, commenters stated that the small risk of injury to the

lower leg was outweighed by the risks due to lack of mobility caused by

full-length leg protection. For example, one said:

We have received numerous comments from our membership

throughout the country who use leg protection (or chaps) suggesting

that chaps only extend to just below the knee. Chaps that extend to

the boot top, or shoe top, as required in proposed Section

(e)(1)(ii), impede mobility and cause a greater safety hazard than

the standard works to protect against. Our members believe that the

highest risk for chain saw cuts occurs from the knee to the thigh.

Thus, chaps that cover the leg from the upper thigh to just below

the knee are sufficient (Ex. 5-56).

Third, one commenter testified that leg protection to the boot or

shoe top would pose an unreasonable financial burden on employers (Tr.

OR 633-34). According to the participant, different loggers use the

employer-provided leg protection each day. Because all loggers are not

the same height, the leg protection provided may not reach to the boot

or shoe top or may be too long for other loggers to wear safely. This

participant suggested that the only way an employer could guarantee

compliance with the required fit of the leg protection would be to

provide fitted leg protection to each individual logger. The

participant recommended the following:

We suggest [leg protection extend] to below the knee because

these come in various lengths. And certainly in those times you

can't always stretch a pair of chaps that somebody maybe having to

put on to operate a chain saw all of a sudden to get it down to the

boot top (Tr. OR 633-34).

Fourth, some commenters stated that leg protection that extends to

the boot or shoe top might cause mobility problems, and would therefore

be hazardous for chain-saw operators (Ex. 5-19, 5-20, 5-55). For

example, one commenter stated:

Rigging crews will occasionally use a power saw. If they are

required to wear leggings, it could be more dangerous than not

having anything. This is one of the reasons rigging crews prefer

suspenders rather than a belt because you don't get ``hung up'' so

often. Anything that is going to hinder mobility is a problem (Ex.

5-20).

Another commenter recommended that OSHA limit leg protection to

just one leg for cutters (i.e., the leg in front that is used to

maintain balance during cutting) (Ex. 5-65). However, this commenter

also admitted that any chain-saw operator who is clearing brush needs

to wear protection on both legs because the saw is continuously and

perilously close to either leg at all times.

Other commenters said leg protection should be limited because heat

and humidity could increase worker fatigue or cause problems that might

exceed the benefits of leg protection (Ex. 5-25, 5-26, 5-59, Tr. W2

206-07). For example, one commenter stated:

OSHA proposes that employees are assigned duties that require an

operator of a chain saw to wear ballistic nylon or equivalent

protection that must cover each leg from the upper thigh to the boot

top. This does not take into consideration the various temperature

factors which could increase fatigue. Fatigue is a major cause of

injuries. As stated, on Page 11802 [of the preamble to the proposed

standard], Alabama and Georgia are states that are among the leaders

in logging activities. Due to the high heat and humidity of these

states, the requirement to wear ballistic nylon chaps could possibly

increase injuries as a result of the fatigue caused by hot, humid

summer weather (Tr. W2 206-07).

Another comment added:

Clause (e)(1)(ii) should allow exceptions to the wearing of leg

protectors for all circumstances (not just climbers) in which there

is a greater hazard than working without them (for instance, fatigue

from heat and humidity or loss of mobility in heavy undergrowth

etc.). It would be even more appropriate if the wearing of ``leg

protectors'' were made optional, depending on the individual work

circumstances. One study, (The Role of Personal Protection in the

Prevention of Accidental Injuries in Logging Work, T. Klen and S.

Vayrynen, Journal of Occupational Accidents, 1984) concluded that

personal protectors have not been very effective and that this was a

result of a phenomena known as ``risk compensation'', the tendency

of workers to be more careless when they believe that personal

protectors will prevent injury (Ex. 5-59).

OSHA has carefully reviewed the record on this issue and, for

several reasons, has decided in the final rule to retain the

requirement that leg protection cover the upper thigh to the boot top.

The record clearly shows that chain-saw operators face a significant

risk of injury due to kickback. The WIR survey indicates that 64

percent of all chain-saw injuries reported were the result of kickback

(Ex. 2-1). Further, the WIR survey shows that almost 30 percent of all

injured employees were not wearing leg protection at the time. Also,

almost one-fourth of all injuries reported were to the leg.

According to the Maine BLS survey, chain-saw accidents accounted

for 26 percent of all reported injuries and more than half of those

accidents involved chain-saw kickback.

OSHA does not believe the record supports the commenters' claims

that chain-saw injuries only occur to the area around the knee.

Injuries to the lower leg as well as the knee are significant. The WIR

survey indicated that nine percent of all employees reporting injuries

were hurt in the lower leg or ankle, while 11 percent were injured in

the knee.

The available accident and injury data also do not support the

commenters' argument that lack of mobility is a greater hazard to

chain-saw operators than lack of leg protection. To the contrary, the

data clearly show that the risk of chain-saw kickback is far more

serious than any of the potential dangers that have been suggested with

regard to leg protection (Ex. 2-1). For example, according to the WIR

survey, none of the chain-saw operators said they had been injured

because they did not have enough time to retreat from the falling tree.

On the other hand, almost two-thirds of the chain-saw operators were

injured because the chain saw kicked back. In any event, OSHA believes

that other provisions in the proposed and final rule will adequately

address concerns about mobility. For example, the requirement to plan

and clear retreat paths before commencing cutting will protect

employees who would be at risk from decreased mobility.

Finally, OSHA believes the new innovations in leg protection

technology address the commenters' concerns about costs, mobility,

fatigue and heat stress. First, the record shows that full-leg

protection now being manufactured is light-weight and relatively cool

(Ex. 5-68, 9-4). The record also shows that light-weight leg protection

that is inserted or sewn into logging pants is now available. According

to one commenter, these new innovations make leg protection tolerable

even in the hot and humid southern logging regions. OSHA believes these

innovations will reduce fatigue and heat stress and will prevent

mobility from being impeded. Second, the record shows that foot

coverings are available that can supplement protection in those

instances where leg protection may not fully cover the logger's lower

leg. These devices will provide adequate protection in those isolated

instances where leg protection may not be long enough without requiring

the employer to purchase leg protection in many different sizes.

4. First aid. The hearing notice raised two issues about first aid:

the number of employees who must have first-aid training, and the

elements required as part of that training, such as cardiopulmonary

resuscitation (CPR).

a. Number of employees trained. The proposed standard specified

that all supervisors and all fellers be adequately trained in first aid

methods as prescribed by the American Red Cross, the Mine Safety and

Health Administration or an equivalent training program. In addition,

the proposed rule included a provision that at least one person in the

``operating area'' have first-aid training.

OSHA received many comments regarding the number of employees who

should be trained in first aid in order to provide adequate protection.

There was no consensus among those commenters on the appropriate number

of employees who must be trained. Their recommendations about the

number of employees who should be required to receive first-aid

training covered a wide range of options, including the following:

1. All employees (Ex. 5-7, 5-17, 9-15, 9-20; Tr. W1 175, W2 209, OR

100, 375, 393, 681);

2. All supervisors and fellers (Ex. 9-3, 9-13);

3. All supervisors and enough additional personnel so each work

site would have a trained employee (Tr. OR 21);

4. All supervisors and fellers, plus two additional employees on a

logging job (Ex. 5-54; Tr. OR 647);

5. All supervisors, fellers, and one-fifth of remaining crew

members (Ex. 9-19, Tr. OR 282);

6. All supervisors, fellers and one-fourth of remaining crew

members (Tr. OR 206); and

7. All supervisors and some fellers (Ex. 5-36, 5-53, 5-55, 5-63).

Commenters who recommended first aid training for a limited number

of employees, said that training all fellers or all other employees was

excessive since the proposed rule would also require employees to work

within visual or audible contact of another employee (Ex. 5-36, 5-55).

Another commenter said that requiring all fellers to be trained would

be duplicative since more than one feller may work at a work site (Ex.

5-63).

Other commenters said they already provide first-aid training for

each employee:

Everyone--all the people on our crew are trained [in first aid]

on a rotating basis. Now, the fellow that's been with us six months,

he has not been to the first-aid class yet. Also, one of the--I

believe it's in with the Nortim Corporation, the Nortim self

insured, it is one of the regulations that we do have people on the

job that are versed in first aid (Tr. OR 174).

Another hearing participant stated:

Along with overall safety training, I feel that required first

aid training for all employees is simply common sense (Tr. OR 393).

Other commenters indicated that they are providing first aid

training to a substantial portion of employees, in part because the

company's logging operations are in isolated locations in Alaska:

Mr. Lesser: Does your training program include first aid

training?

Mr. Bell: We provide first aid training to just about whoever

wants it.

Mr. Lesser: Who do you require to have first aid training?

Mr. Bell: We require all supervisors, leadmen, hook tenders,

leaders of crews.

Mr. Lesser: Using the voluntary nature offering the first aid,

do you get a lot of volunteers? What percentage of the work force is

trained in first aid?

Mr. Bell: I'd say 35 percent (Tr. OR 375).

As discussed above, there is no dispute that logging is a hazardous

industry. All data sources in the record show that a significant number

of accidents occur in the logging industry and that the severity of

injuries sustained by loggers is greater than that suffered by

employees in other industries. Loggers often work in isolated locations

that are far from hospitals or health care providers that sometimes are

accessible only by helicopters or vehicles designed to operate on the

most rugged terrain (Ex. 9-20; Tr. OR 21). Accordingly, loggers need to

be trained and equipped to handle the significant number of severe

injuries that might arise. In many instances these trained employees

will be the only persons available to render assistance at a critical

time.

OSHA believes that first aid training for only a select few

individuals, such as supervisors and fellers, is not adequate to ensure

that injured loggers receive first aid that is timely and appropriate.

First, when only a few selected employees are trained, they may not be

close enough to the site of the accident to render assistance in time.

The WIR survey indicates that more than one-half of all injuries

reported occurred at cutting sites, that in most cases are remote from

landings and from medical facilities (Ex. 2-1). The WIR survey is

consistent with the OSHA FCI study, that indicated that more than 70

percent of logging employees killed were working at cutting sites (Ex.

4-61). One hearing participant reinforced this problem:

The rigging crew is often 1,000 feet and sometimes 5,000 feet

from the landing. The work site is usually on rough, steep ground,

and these workers often use hazardous cutting implements such as

axes and chain saws. If the first aid trained person and the first

aid kit are in the yarder, that can be 15 minutes or more from where

the worst exposure is (Tr. OR 21).

In addition, since the final rule allows employees to maintain contact

with another employee by visual or audible contact, an employee may be

miles from the contact person when radio communication is used. In such

cases, the contact person may not be able to provide immediate first

aid assistance.

Second, limiting first aid training to all supervisors and some

additional personnel may not be adequate when supervisors are not at

the work site when an accident occurs. According to the State of

Washington, logging supervisors usually have two or more logging crews

working directly for them (Ex. 5-34). These logging crews are often

dispersed over five square miles or more. In addition, in larger

operations, foremen usually see each crew only once a day and rarely

for more than one hour of the workshift. Another commenters said in his

experience it was not uncommon to find a group of employees working in

a location without a supervisor and no other employee in the group has

a current first aid certificate (Ex. 91-5).

Third, a logger's injuries may be of such severity that several

persons trained in first aid may be needed to stabilize the injured

employee and treat the injury. If only one employee is trained, the

first aid assistance may not be sufficient.

Fourth, when only one employee in a work site is trained, as the

proposed rule contemplates, first aid will obviously be inadequate if

the trained person is the one who is injured. (Although first-aid

training does include instruction in self-aid, the injuries may be

severe enough to incapacitate the trained employee.) For example, in a

small working crew that has no supervisor, the feller may be the only

employee who is trained in first-aid. If the feller is injured, there

may be no other logger in that work crew who is trained to provide

first aid. The WIR survey indicates that one-half of all loggers who

were injured were performing felling tasks (i.e., felling, limbing,

bucking) at the time.

Fifth, when only a few employees receive first-aid training, there

is a greater likelihood that there could be crucial gaps in coverage

due to sickness, vacations, other leave, or employee turnover of those

few who have received training. In addition, an employer may not know

from day to day if an employee will be present that is holding a

current first aid certificate (Ex. 5-7).

OSHA notes that some commenters opposed requiring every employee to

have first-aid training because of the transient nature of the logging

industry. OSHA finds that the commenters' argument does not support the

position that fewer employees should be trained. If there is high

employee turnover, it may be the trained employee who is not employed

any longer. If work continues without a fully-trained person while a

first-aid replacement is being trained, employees may be at great risk.

By contrast, if work has to be stopped until a replacement can be

trained, the employer could incur costs which could be prevented by

having adequate first aid coverage in advance. If all employees working

in the logging industry are required to have first-aid training, a pool

of trained employees will always be available to employers for hiring.

Fifth, requiring that each employee be trained eliminates confusion

and may be less administratively burdensome than making a daily check

and rescheduling of work assignments to assure that supervisors,

fellers and some additional number of employees in each operating area

hold current first aid training certificates.

To ease the training burden for employers, the final rule does not

require that the first-aid training be provided by the employer.

Rather, the final rule requires that the employer assure that each

employee performing logging operations receives or has received first-

aid training and that the first-aid training/certificate is current.

For example, as one means of complying with the final rule, the

employer could make first-aid training a condition of hiring or

continued employment. The employer would be free to hire only those

persons who had previously obtained first-aid training and kept their

certificate current. In addition, when there is employee turnover,

trained employees will be able to bring their first-aid skills from one

workplace to another and thus relieve the training burden for the new

employer.

OSHA is aware that some employers currently provide first-aid

training and most likely will continue to provide such training. OSHA

is also aware that a number of organizations and schools provide first-

aid training that would meet the requirements of Appendix B. For

example, the American Red Cross, the Mine Safety and Health

Administration, State extension services, community colleges, and adult

education programs all provide first-aid training that includes CPR. As

such, OSHA does not believe that the requirement of assuring that all

employees have received first-aid training that remains current will

pose an unreasonable burden on any employer or employee.

b. Elements of first-aid training. In the hearing notice, OSHA

requested comment on the specific elements, such as CPR, that should be

included in first-aid training. In the proposed rule OSHA did not

specify the basic elements in which supervisors and fellers must be

trained. Rather, OSHA proposed that first-aid training meet the

requirements of courses provided by the American Red Cross, MSHA or an

equivalent training program.

Several commenters recommended that OSHA require CPR training as

part of required first-aid training (Ex. 5-42, 5-49, 5-50, 9-2, 9-19).

Both NIOSH and the U.S. Dept. of Interior supported the CPR training

requirement. Because loggers, especially those deep in the woods are

not close to medical facilities during the ``golden hour'' where

resuscitation may save a person's life, OSHA agrees with the commenters

that it is essential that all loggers be able to perform CPR.

Therefore, in the final rule OSHA has included a requirement for annual

CPR training.

In addition, OSHA has specified other basic skills and knowledge in

Appendix B (mandatory) that are important for providing aid to injured

loggers in isolated settings. OSHA is aware that there are many well-

recognized first-aid programs that have broad-based curricula which

already satisfy OSHA requirements.

5. Visual and audible contact. In the hearing notice OSHA requested

comment on the maximum time and/or distance separation between

employees. In the proposed rule, OSHA included a requirement that

employees work within visual or audible contact of another employee, so

that someone would be able to respond quickly in case of an accident or

other emergency. The proposed rule prohibited the use of engine noise,

such as from chain saws, as a means of contact. Various State logging

standards also prohibit the use of chain-saw noise as a means of

signaling (Ex. 2-17, 2-18, 2-19, 2-21, 2-22, 38J, 38K).

OSHA received many comments on the contact and signaling

provisions. Many commenters testified that the proposed contact

requirement is necessary (Ex. 5-14, 5-17, 5-27, 5-74 through 5-92, 9-2,

9-3, 9-5, 9-13; Tr. W2 197-98). One commenter said:

We think that visual or audible contact is important and will

save lives. There are also electronic devices, some sophisticated

and some like citizen band radios, that can be used by forest

workers to maintain audible contact by electronic means. We

recommend that the existing proposed language be retained but

modified perhaps to allow audible contact by electronic means (Tr.

W2 197-98).

Certain commenters urged OSHA to make the contact requirement

stricter than that proposed. One commenter said employees in solitary

jobs also need to remain in contact and, therefore, should be provided

with two-way radios (Ex. 9-15). Another commenter said OSHA should

require employees to remain within visual contact of another crew

members (Ex. 9-20). Finally, two commenters recommended that OSHA

require employees to work within normal hearing or calling distance of

another employee (Ex. 9-19; Tr. OR 679-81).

However, several commenters expressed various concerns about the

contact provision, and particularly the prohibition against chain-saw

noise as a means of contact. First, some participants said the

requirements would have an adverse impact on small employers,

especially employers with work crews consisting of three or fewer

loggers (Ex. 5-21, 5-28, 5-35, 5-49, 5-53, 5-54, 5-70). For example,

one commenter said:

This requirement may adversely affect the livelihood of many

small-scale loggers in the South who may work alone in the woods, or

operate a single mobile ground skidder or felling machine and are

frequently out of contact with other phases of the logging operation

(Ex. 5-28).

Another commenter stated:

This requirement would not be practical for several reasons:

(1) there are a number of logging contractors that work alone,

(2) log crews with two or three members are often out of contact

because the great distance between the faller and log header,

(3) even at close range, visual and audible signals are

attenuated by thick brush and loud machinery.

My experience has been loggers will keep track of their fellow

workers the best they can but, due to the nature of the job,

individuals will be separated for certain lengths of time. To

require loggers to be within signaling distance of one another will

preclude the existence of one and two man log crews, working in

thick brush, working in hilly topography, skidding long distances,

the use of ear plugs or working with loud machines (Ex. 5-70).

Second, some commenters believed the contact requirement conflicted

with the proposed requirement to maintain a distance of two tree

lengths between work areas (Ex. 5-12, 5-29, 5-4, 5-67, 5-70). These

commenters said that a separation of two tree lengths between work

areas might make it impossible to maintain contact due to saw noise and

obstructions such as hills or vegetation. One commenter explained:

If this code goes through and is enacted, it would change the

timber falling industry in Alaska. Southeast Alaska is a relatively

new geological area. We work on steep ground that is broken up by

draws, gullies, cliffs. We have our timber fallers work together as

partners. One works in one strip or one area of the hillside and the

other one works in another area of the hillside. For safety reasons,

our company requires that they work at least three tree lengths

apart. And often with the broken up terrain, that precludes visual

contact (Tr. OR 353).

Third, comments were received on the prohibition of chain-saw noise

as a signaling device. Some participants supported the prohibition (Ex.

5-27, 5-34, 5-42). Other commenters argued that chain-saw noise is

currently being used as a means of contact in the logging industry and

should be allowed in the final rule (Tr. W1 65; OR 86, 353-55, 356-58,

384-85, 694-96). For example, one commenter said the sound of chain

saws is an indicator that someone is working at a specific location

(Tr. W1 65). Another commenter stated:

[W]e have been counting on chain saw noise for years. Chain saw

noise is possible, and by the way, that's my most dangerous part of

my job is to do a safety inspection or to go up and check on cutters

in a strip, to approach cutters. And I listen to the saw. And I can

tell when they are putting a cut into a standing tree or bucking a

log with the chain saw noise. If we are not allowed to use chain saw

noise as audible contact, that means we may have to go back to

double jacking which is a faller and a bucker working in tandem (Tr.

OR 353-55).

This participant also said that chain-saw noise should also be

permitted because 103-decibel chain-saw engines render 92-decibel

personal alarm systems inadequate as means of audible contact (Tr. OR

355).

Fourth, several commenters urged OSHA to adopt various alternatives

and modifications to the proposed contact requirement (Ex. 5-54, 5-55;

Tr. OR 670-81). For example, commenters suggested that OSHA replace the

contact provision with a ``check-in'' requirement:

In West Virginia, a cutting crew often consists of a worker who

fells and limbs the trees and a worker who operates a skidder.

Consequently, it is often necessary that the feller be left alone in

the woods, without audible or visual contact with another worker,

for short periods of time while the skidder operator is making the

trip to the log landing. Also, it is common practice for workers to

be constantly checking on one another. Upon his return from the

landing, the skidder operator immediately checks on the feller; and,

the feller, if the skidder operator does not return in the normal

time span, will check on the skidder operator.

Considering the common small cutting crew size, the practice of

constantly checking on one another, and the difficulties involved in

using an audible signal capable of being heard over distances, over

machine noise, and through hearing protection devices, it is our

recommendation that this aspect of the Standard be changed to allow

a worker to be out of ``visual or audible signal contact with

another person'' for short periods of time. Due to the normal time

involved for transporting a skidder load to the landing, unhooking,

and returning, we recommend that this short time period be

established at 20 minutes (Ex. 5-54).

Other commenters also suggested that OSHA allow employees to be out

of contact from other employees for short periods of time (e.g., 15 to

20 minutes, the time to take a load to the landing and return) (Ex. 5-

54; Tr. OR 670-81).

OSHA has decided in the final rule to retain the requirement that

employees work within visual or audible contact of another employee. As

discussed above, most commenters indicated that remaining in contact is

important to the safety of loggers. Several commenters said that

supervisors use chain-saw noise to identify where and whether an

employee is working. However, they did not provide evidence that chain-

saw noise provides an effective means of communicating information from

the employee or from the supervisor. For example, data and information

available to OSHA indicates that even though chain-saw noise is

currently used as a means of maintaining contact, there are still

reports from OSHA case file investigations of loggers being injured and

not being discovered until after the shift has ended (Ex. 1). In

addition, chain-saw noise does not provide the cutter with an adequate

means of communicating with others in the event they have become

injured or are in other trouble. Since all chain-saw noise indicates is

whether an employee is working, the cutter must wait until another

employee recognizes that the lack of noise means the cutter needs

assistance. This may delay rendering that assistance. OSHA believes the

cutter, not just the supervisor, needs to have a method for

communicating when necessary. Radios and telephones are modern

communication methods that are increasingly used in this logging

industry. These methods, unlike chain-saw noise, provide immediate two-

way communication.

Although OSHA has decided to retain in the final rule the

prohibition against use of chain-saw noise alone as a means of contact,

the final rule does provide employers with a great deal of flexibility

in maintaining contact with employees. First, permitting radio

communication to be used as a means of contact allows contact to be

maintained while at the same time maintaining a two tree-length

distance between adjacent occupied work areas. Second, permitting

contact to be maintained by radio or whistles allows employees to work

alone rather than limiting employees to working in teams that are

within visual distance of each other. Allowing radio contact will also

provide flexibility for small radio crew operations when visual or

voice contact may not be possible. Third, OSHA also believes that

permitting radio contact will not be unduly burdensome for the industry

since many companies already are utilizing electronic communications

(Ex. 5-27; Tr. W2 227).

With regard to the issue of equipment noise preventing radio

communication, OSHA notes that radios are available with ear phones

that fit inside hearing protection muffs. Where such ear phones and

hearing protectors are provided, equipment noise will neither interfere

with communication nor should result in occupational hearing loss.

Because contact may be maintained by radio, OSHA has removed the

exception to the contact requirement for ``single employee

assignments.'' OSHA believes that radio communication already is

necessary in order for many of those single employee jobs to be

performed (e.g., watchman). As such, OSHA does not believe that

extending the radio contact requirement to all logging operations will

unduly burden employers, while at the same time it will provide

important protection for all loggers.

6. Chain-saw protective devices. In the proposed standard, OSHA did

not include a provision requiring chain saws to be equipped with chain

brakes or other devices that prevent kickback. The proposed standard

also did not require chain saws to meet any performance criteria of any

standards-setting organizations. Rather, OSHA proposed only to require

employers to inspect and maintain chain-saw safety devices when chain

saws were so equipped. The hearing notice requested further comment on

the adequacy of various chain-saw safety devices and what regulatory

action OSHA should take in the final standard regarding chain saws.

There was no dispute among commenters that chain-saw protective

devices are necessary to prevent operators from being injured. The

record shows that the chain-saw bar can kick back in less than 0.3

seconds (Ex. 4-172). The record also shows that average human reaction

time, however, is only 0.75 seconds (Ex. 4-172). That means in many

cases the operator cannot take action quickly enough to avoid being

struck by the chain saw. The record also shows that many injuries in

the logging industry are the result of chain-saw kickback. According to

the WIR survey, 20 percent of all logging injuries reported involved

chain saws and almost two-thirds of those injuries were the result of

chain-saw kickback (Ex. 2-1). The Maine BLS survey also shows that

chain-saw injuries account for a significant number of logging injuries

(26%) in that State (Ex. 4-175). Similar to the WIR survey, the Maine

BLS survey indicated that over half of all chain-saw accidents resulted

from kickback.

a. Devices to prevent chain-saw kickback. Information submitted to

the docket indicates that there are four devices that exist to reduce

or minimize the risk of injury due to chain-saw kickback. These devices

are chain brakes, bar tip guards, reduced-kickback guide bars, and low-

or reduced-kickback saw chains. Information about these devices was

taken from a 1983 report prepared for the Consumer Product Safety

Commission (CPSC) (Ex. 5-13) as well as comments to the proposed rule.

The discussion that follows explains the different devices and their

advantages and disadvantages.

The chain brake is a device for stopping the saw chain when

kickback occurs before the chain can contact the operator. The most

common type of chain brake is actuated when the operator's hand or arm

hits the brake lever that is located immediately ahead of the front

handle. When kickback occurs, the chain brake may either be actuated by

the operator's hand pivoting forward on the handle, or by the hand

being dislodged from the handle, striking the brake lever. According to

the CPSC report, chain brakes, unlike new technology chains and safety

guide bars, do not have any adverse effect on the cutting effectiveness

of chain saws. The record also indicates that one of the advantages of

chain brakes is that, unlike other protective devices that can be

removed, the chain brake is an integral part of the saw and is

difficult to remove (Ex. 4-174). As such, chain brakes deter the

disabling of the kickback prevention system by the operator (Ex. 5-19).

The bar tip guard (or nose tip guard) is a device that is bolted or

screwed onto the tip of the bar. Its primary function is to prevent

contact with the tip of the bar from which kickback is generated.

Commenters identified three problems with bar tip guards. First, one

commenter said bar tip guards are not usable in felling and bucking of

some trees (Ex. 9-16). This commenter said forward leaning trees

usually require the bar tip to fell the tree safely.

Second, two commenters said the hazards associated with bar tip

guards outweigh their protective value (Ex. 5-42, 9-20). According to

NIOSH bar tip guards reduce kickback danger only under certain

conditions, that is, when the log or limb is elevated and does not have

any off-angle to cause pinching of the bar (Ex. 5-42). NIOSH concluded

that the bar tip guard may pose greater hazards than saws without tips

because they require the bucker to maintain working stances that are

less stable. The other commenter said that the bar tip can get caught

on limbs. Third, the major problem with bar tip guards is that they are

removable (Ex. 5-13, 5-13H). According to the CPSC report, the bar tip

guard is removed by operators because it reduces the utility of the saw

by preventing boring and the cutting of any logs that are wider than

the guide bar. Evidence in the record indicates that bar tip guards are

being removed by a significant number of operators:

Only about half of the operators of saws so equipped always use

such guards. About 36 percent never use them, and about 12 percent

sometimes take them off the guide bar. Thus, while nose tip guards

are effective anti-kickback devices, many operators remove them from

their saws (Ex. 5-13).

The Portable Power Equipment Manufacturers Association (PPEMA)

submitted testimony from CPSC's own proceedings, which also

acknowledged the extent to which bar tip guards are removed from chain

saws:

[T]he Commission received the benefit of a survey that was done

on the part of the NESDA, National Equipment Servicing Dealers

Association. They on their own surveyed hundreds of their dealers. *

* * [T]heir survey corroborated my own personal observations,

namely, that in real life practice users of chain saws in the droves

are simply not using that nose tip, and while if it were used or if

it were permanently established on the saw, it would be a complete

barrier to kickback, the fact of the matter is because it's

temporary and because it is removed, because in my view it affects

in the case of the dealers, as you'll see from their comments, it

affects the efficacy of the saw, it is taken off, and as a result

provides no protection, zero.

Just to cite from the survey, 73.5 percent of the responding

dealers to the NESDA survey reported that only zero to five percent

of the chain saws brought into their shops for repair, of the ones

that were originally equipped with the nose guards, that 73.5

percent of the dealers responded that only zero to five percent had

nose guards in place. Another 9.3 percent reported that six to ten

percent of such saws had nose guards in place, leaving only 17.1

percent of the dealers who put the figure of nose guards in place at

something more than ten percent.

The unmistakable conclusion is that the overwhelming majority of

consumers are removing the nose guards from their saws and not

putting them on in the first place.

The survey also revealed that almost no consumers are interested

in replacing nose guards that are not in place. Eighty-eight percent

of the dealers, 88 percent, stated that zero percent of their

customers wanted replacements, and an additional 8.9 percent put the

replacement request at a mere one to five percent (Ex. 5-13H).

There are two different types of reduced-kickback guide bars. One

is designed and manufactured with a taper from the back of the bar and

has a correspondingly small radius of curvature at the tip of the bar.

This type of bar is commonly referred to as a narrow nose bar. The

other type of reduced kickback guide bar has a reduced radius nose but

achieves its taper from the fact that the top and bottom edges of the

bar a asymmetrical (the top and bottom edges are curved and have a

different radius of curvature). This type bar is commonly called a

banana bar because of its peculiar shape. According to the CPSC report,

both the narrow nose bar and the banana bar have significant drawbacks,

primarily in the useful life of the bar and chain and the efficiency of

the chain saw. The narrow nose bar, because of its reduced radius of

curvature at the tip, receives more stress at the tip, thereby

requiring more frequent replacement. Because of its asymmetrical

design, the banana bar cannot be merely turned over when the bottom

edge of the bar becomes worn, but must be replaced. This type of bar

also reduces the ability of the operator to use the saw for boring.

This disadvantage is compounded if the saw also is equipped with a low-

or reduced-kickback chain.

[T]he use of low-kickback guide bars results in a tradeoff of

some reduction in utility for an improvement in safety. Industry

sources have suggested that this may be an acceptable tradeoff for

the less powerful saws which are probably purchased by consumers.

Since the tradeoff involves a marginal improvement in safety,

however, manufacturers are probably less willing to equip the more

powerful, more performance oriented saws with the low-kickback guide

bars (Ex. 5-13).

Finally, the potential for kickback can be reduced by the low- or

reduced-kickback chain. This chain is commonly referred to as new

generation chain. Low kickback chain can be identified by an idler or

spacer link between each of the cutting links. In other words, the

chain has a left hand cutter link on the right side of the chain,

followed by a spacer link, followed by a right hand cutter link on the

left side of the chain followed by another spacer link before the

sequence begins again.

Although the low-kickback chain can reduce kickback energy by 40 to

90 percent, there are drawbacks to its use, according to the CPSC

report. These drawbacks include: (1) New technology chains generally

exhibit some loss in cutting efficiency (speed and ease of cutting),

(2) these chains make cutting more tiring for the operator thereby

causing more operator fatigue, and (3) the loss of cutting efficiency

may adversely affect the life of the chain. The loss of cutting

efficiency has been estimated to be anywhere from a 10 to 25 percent.

OSHA has no estimates of the increase in operator fatigue and the

degradation in the service life of the chain.

Of the four protective devices, most commenters said OSHA should

require chain saws to be equipped with a chain brake because it is the

most used and most effective for professional logging operations (Ex.

4-175, 5-17, 5-19, 5-21, 5-27, 5-34, 5-42, 5-46, 9-3, 9-4, 9-13, 9-15,

9-18, 9-20; Tr. OR 536-37). Several of these commenters said that all

chain saws used at their establishments are equipped with chain brakes.

These commenters also said that almost all manufacturers now produce

chain saws with some kind of chain brake and that almost all chain saws

manufactured for commercial logging operations now have chain brakes

(Ex. 5-19; Tr. OR 185-87, 536). In addition, one commenter said that

manufacturers have improved earlier mechanical problems with chain

brakes so that they are reliable in preventing kickback (Ex. 9-4). With

regard to the effectiveness of chain brakes, one commenter said:

The chain brake is, I'd say, one of the most important chain saw

protective devices developed in modern history. In Montana all of

our current professional saws are equipped with chain brakes. Most

of our saws are in the four to six cubic inch range, primarily,

Stihl and Husqvarna with a few other minor brands and seldom on job

visitations do I find anyone who has disconnected the chain brake.

It's so uncommon that it's startling when I find that any more.

The other protective device that I see that's had substantial

improvement is the throttle lock mechanism where it has to be held

down with your palm in order for the trigger to operate. For years

it was common that the first thing a logger did was he got a roll of

black tape and he would tape that down so you didn't have to operate

that. Through our progressive Montana Sawyer Safety Program and

other efforts I brag to people that we now have developed a

genetically superior timber faller in Montana that can now squeeze

with his palm and pull with his trigger finger at the same time.

These two chain saw protective devices combined with leg

protection have had a significant impact on the reduction of

accidents in Montana relative to timber falling. In fact, it's been

so significant that I don't even consider the other options of even

any application to logging when we talk about the low kickback bar,

the low kick-back chains and even the bar tipped guards. They may

have individual special application but I'm thoroughly convinced

with the chain brake, the throttle lock and the leg protection we've

so significantly reduced chain saw injuries that any further

attention is maybe some wasted effort and just further develops

additional conflict (Tr. OR 536).

Mr. David Kludt, Logging Safety Program Supervisor for the State of

Idaho, testified that 10 percent of all logging accidents each month

are the result of chain-saw kickback and that these accidents could be

drastically reduced by the use of chain brakes (Ex. 9-4).

In addition, Maine BLS says that chain brakes have played a

significant role in lessening the effects of chain-saw injuries in that

State (Ex. 5-174). They reported that only 13 percent of chain-saw

accidents where chain brakes were present resulted in hospitalization,

while nearly half of all other accidents required hospitalization.

Some commenters, however, disputed the effectiveness of chain

brakes for preventing kickback (Ex. 5-39, 5-59, 5-66). One of these

commenters said chain brakes were not reliable and required frequent

maintenance, however, no evidence or data were presented to support the

contention (ex. 5-59). Another commenter said that a study showed that

while chain brakes reduced kickback by 80 percent, non-kickback

accidents showed a 400 percent increase (Ex. 5-66). However, the

commenter also admitted that the study was from 1972 and that chain

brakes had undergone significant improvement since that time. Another

commenter said chain brakes, depending on their design, could become

entangled in the brush the saw is clearing and create a safety hazard

(Ex. 5-39). The WIR survey, however, does not support the commenter's

argument. None of the chain-saw operators reporting injuries said their

chain brake had become caught (Ex. 2-1).

b. OSHA regulatory action. Many commenters said that the final rule

should include requirements for chain-saw protective devices (Ex. 5-17,

5-19, 5-21, 5-27, 5-34, 5-42, 5-46, 9-3, 9-4, 9-13, 9-15, 9-18, 9-20;

Tr. OR 536-37). However, some commenters, including chain-saw and

chain-saw accessory manufacturers, said OSHA should include performance

requirements for chain saws in the final standard rather than

specification requirements (Ex. 5-4, 5-8, 5-13, 5-15, 5-26, 5-37, 5-

59). Many of these commenters supported incorporating by reference the

American National Standards Institute (ANSI) B175.1-1985 standard o

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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