Regulations (Preambles to Final Rules) - Table of Contents|
| Record Type:||Logging Operations|
| Title:||Section 2 - II. Regulatory History|
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The 1978 ANSI logging standard, however, was withdrawn by ANSI in 1984 because no final action was taken to revise or reaffirm it.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or withdraw a standard no later than five years after the date of its publication, the 1978 ANSI logging standard was withdrawn by default.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.
- [59 FR 51672, Oct. 12, 1994]
|Regulations (Preambles to Final Rules) - Table of Contents|