OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

July 13, 1982

MEMORANDUM FOR: CHARLIE ANDERSON
               ARA, Technical Support

THRU:           JOHN B. MILES, JR.
               Field Coordinator

FROM:           R. LEONARD VANCE
               Director
               Health Standards

This is in response to your question regarding the applicability of the noise standard (29 CFR 1910.95) to pulpwood logging. Paragraph (c)(2) of 29 CFR 1910.5 (Applicability of standards) states that "any standard shall apply...even though particular standards are also prescribed for the industry, as in...Subpart R of this part, to the extent that none of such particular standards applies." The pulpwood logging standard (29 CFR 1910.266) is part of Subpart R.

Applying 1910.5 to this case, to the extent the 1910.266 provisions do not duplicate or conflict with 1910.95 standards, the 1910.95 standards would apply to pulpwood logging. Paragraph 1910.266(c)(1)(vi) essentially duplicated 1910.95(a), so for violations of this provision 1910.266 would control. However, since no 1910.266 provisions duplicate or conflict with 1910.95(b)-(s), these 1910.95 standards would apply to pulpwood logging.