July 13, 1982
MEMORANDUM FOR: CHARLIE ANDERSON
ARA, Technical Support
THRU: JOHN B. MILES, JR.
FROM: R. LEONARD VANCE
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.