Tree Care Operations, 54118-54123 [E8-21851]
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Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules
between 9 a.m. and 4 p.m., Monday
through Friday. (FDA has verified the
Web site address, but FDA is not
responsible for any subsequent changes
to the Web site after this document
publishes in the Federal Register.)
1. U.S. Food and Drug Administration,
Operational and Administrative System for
Import Support (OASIS), Available at: https://
www.accessdata.fda.gov/scripts/ora/pcb/
tutorial/les2_oasis.htm.
2. Kaplan, R.M., J.P. Anderson, and T.G.
Ganiats, ‘‘The Quality of Well-being Scale:
Rationale for a Single Quality of Life Index,’’
in Walker, S.R. and Rosser, R.M., eds. Quality
of Life Assessment: Key Issues in the 1990s,
The Netherlands: Kluwer Academic
Publishers, 1993.
3. Viscusi, W.K., ‘‘The Value of Risks to
Life and Health.’’ Journal of Economic
Literature, vol. 31, pp. 1912–1946, December
1993.
4. Mauskopf, J.A., Mt French, A.S. Ross,
D.M. Maguire, R.W. Leukrith, Jr., and K.D.
Fisher, ‘‘Estimating the Value of Consumers’
Loss from Foods Violating the Federal Food,
Drug, and Cosmetic Act,’’ Research Triangle
Report to the Center for Food Safety and
Applied Nutrition, U.S. Food and Drug
Administration, September 1988.
5. Food Marketing Institute, 1999,
Consumer Attitudes and the Supermarket.
Research International USA.
6. Bureau of Labor Statistics, 2004 National
Occupational and Wage Estimates, https://
www.bls.gov/oes/, March 2006.
List of Subjects in 21 CFR Part 1
Cosmetics, Drugs, Exports, Food
labeling, Imports, Labeling, Reporting
and recordkeeping requirements.
Therefore, under the Federal Food,
Drug, and Cosmetic Act, the Public
Health Service Act, and under authority
delegated to the Commissioner, we
propose to amend part 1 as follows:
PART 1—GENERAL ENFORCEMENT
REGULATIONS
1. The authority citation for 21 CFR
part 1 continues to read as follows:
Authority: 15 U.S.C. 1453, 1454, 1455; 19
U.S.C. 1490, 1491; 21 U.S.C. 321, 331, 332,
333, 334, 335a, 343, 350c, 350d, 352, 355,
360b, 362, 371, 374, 381, 382, 393; 42 U.S.C.
216, 241, 243, 262, 264.
2. Section 1.98 is added to subpart E
to read as follows:
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§ 1.98 Label requirement on food imports
refused admission into the United States.
(a) Who is subject to this label
requirement and what does the label
say?—You are subject to this rule if you
are an owner or consignee of an
imported food, including food for
animals, which has been refused
admission into the United States (other
than a food that must be destroyed). In
such situations, you must affix a label
stating, ‘‘UNITED STATES: REFUSED
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ENTRY’’, as described in paragraphs (b),
(c), and (d) of this section.
(b) What does the label look like?—(1)
Labels for shipping containers—For
labels that are to be affixed to shipping
containers (as required by paragraph (c)
of this section), the letters in the label
must be at least 72 points in size, appear
in either an Arial or Univers font, and
use black ink against a white
background. The label must use
uppercase letters only.
(2) Labels for documents—For labels
to be affixed to documents (i.e.,
invoices, packing lists, bills of lading,
and any other documents accompanying
the refused food, as required by
paragraph (c) of this section), the letters
in the label must be in black ink, must
use either an Arial or Univers font style,
and must be at least 36 points in size.
The label must use uppercase letters
only.
(c) Where does the label go?—For
foods that are packaged, the label
described in paragraph (b)(1) of this
section must be clear, conspicuous, and
permanently affixed to the food’s
shipping container. For purposes of this
section, the term ‘‘shipping container’’
is any container used to pack one or
more immediate containers of the
refused food, and an immediate
container is any container that holds an
imported food for retail sale. In some
situations, the food’s immediate
container may be the same as the
shipping container. The term ‘‘shipping
container’’ excludes trailers, railroad
cars, ships, and similar vehicles, vehicle
components, and transportation-related
items. For all foods, regardless of
whether they are packaged in shipping
containers, the label described in
paragraph (b)(2) of this section must be
clear, conspicuous, and permanently
affixed to the top page of each document
accompanying the refused food.
(d) How do you show that you
complied with the label requirements?—
(1) To comply with the label
requirement described in paragraphs (a)
and (b) of this section, you must contact
the FDA district office responsible for
the food’s entry and arrange to:
(i) Affix the label(s) in our presence or
under our supervision;
(ii) Submit photographs or other
visual evidence to us to show that you
affixed the label(s); or
(iii) Develop another means of
showing, to FDA’s satisfaction, that you
affixed the label(s).
(2) You must affix the label(s)
promptly, and you must not move the
food until you have complied with the
label requirements.
(e) What fees may we impose?—We
may seek reimbursement from the
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owner or consignee for expenses
connected to the affixing of a label
under this section. These expenses will
be computed on the basis of our
inspector’s time, the per diem allowance
under government regulations, travel
costs, and administrative support costs.
We will submit a list of expenses
incurred to the owner or consignee.
Dated: September 12, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–21813 Filed 9–17–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
[Docket No. OSHA–2008–0012]
RIN 1218–AC40
Tree Care Operations
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
SUMMARY: OSHA is requesting data,
information, and comment on tree care
operations, including hazards, fatalities,
and control measures, that the Agency
can use in developing a proposed
standard to control hazards and reduce
injuries in those operations.
DATES: Comments must be submitted
(postmarked, sent, or received) by
December 17, 2008.
ADDRESSES: You may submit comments,
identified by Docket No. OSHA–2008–
0012, by any of the following methods:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Fax: If your comments, including
attachments, do not exceed 10 pages,
you may fax them to the OSHA Docket
Office at 202–693–1648.
Mail, hand delivery, express mail,
messenger or courier service: You must
submit three copies of your comments
and attachments to the OSHA Docket
Office, Docket No. OSHA–2008–0012,
Room N–2625, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone 202–
693–2350 (TTY number 877–889–5627).
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Deliveries (hand, express mail,
messenger or courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m.–4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and the OSHA
docket number (Docket No. OSHA–
2008–0012). Because of security-related
procedures, submissions by regular mail
may result in significant delay in their
receipt. Please contact the OSHA Docket
Office at the above address for
information about security procedures
for submitting comments by hand
delivery, express delivery, and
messenger or courier service.
All comments, including any personal
information you provide, are placed in
the public docket without change and
may be made available online at
https://www.regulations.gov. Therefore,
OSHA cautions you about submitting
certain personal information, such as
social security numbers and birthdates.
For further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: To read or download
comments submitted in response to this
Federal Register notice or other
materials in the docket, go to Docket No.
OSHA–2008–0012 at https://
www.regulations.gov or the OSHA
Docket Office at the address above. All
documents in the docket are listed in
the https://www.regulations.gov index,
however, some information (for
example, copyrighted material) is not
publicly available to read or download
through the Web site. All submissions,
including copyrighted material, are
available for inspection and copying at
the OSHA Docket Office.
Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This notice, as
well as news releases and other relevant
information, also are available at
OSHA’s Web site at https://
www.osha.gov.
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FOR FURTHER INFORMATION CONTACT:
Press Inquiries: Jennifer Ashley, OSHA
Office of Communications, Room N–
3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone: 202–693–1999.
General and Technical Information:
David Wallis, OSHA Directorate of
Standards and Guidance, Office of
Engineering Safety, Room N–3609, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone 202–693–2277.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Background
A. Hazards and Accidents
B. Applicable Standards
C. Events Leading to This Action
II. Request for Data, Information, and
Comments
A. Tree Care Industry
B. Accidents, Injuries, and Fatalities
C. Tree Trimming
D. Tree Removal
E. Portable Powered Hand Tools, Ladders,
and Other Tools and Equipment
F. Vehicles and Mobile Equipment
G. Chippers
H. General Workplace Safety Practices and
Procedures
I. Training
J. Medical Services and First Aid
K. National Consensus Standards
L. Economic Impacts
III. Public Participation
IV. Authority and Signature
I. Background
A. Hazards and Accidents
Tree care operations, such as tree
trimming and tree removal, can expose
employees to a number of serious
hazards. The dangers include falling
from trees; being hit by falling trees or
branches, flying objects or vehicular
traffic; being cut by high-speed saws;
being pulled into chippers; and coming
into contact with energized power lines.
These dangers are often associated with
tree trimming and removal operations
and related tasks; therefore, these
operations are some of the key areas on
which OSHA is focusing this Advance
Notice of Proposed Rulemaking.
The hazards present in tree care
operations have resulted in a significant
number of serious accidents. For
example, looking at fatal accidents in
the tree services and ornamental shrubs
industry sector (SIC 0783), just one of
the industry sectors that perform tree
care operations, the Bureau of Labor
Statistics (BLS) reported that between
1992 and 2002 1 there were 637
fatalities.2 That averages to 58 fatalities
per year. The vast majority (75.6
percent) of those fatalities were falls,
being struck by falling objects, and
electrocutions, which are types of
accidents most closely associated with
tree trimming and removal operations.
Falls and being struck by falling objects
accounted for about one-third (32
1 The most recent year for which data are
available for SIC 0783 is 2002. The North American
Industrial Classification System has replaced the
Standard Industrial Code system. Under the NAICS
system, SIC 0783 is now classified as a part of the
landscape services sector (NAICS 561730).
2 Source: Census of Fatal Occupational Injuries,
Bureau of Labor Statistics (BLS) (https://
stats.bls.gov/iif/oshcfoi1.htm). Data are derived
from State death certificates and other sources and
may include deaths of sole proprietors.
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percent) and one-quarter (26 percent) of
the deaths, respectively. Contact with
electric current resulted in 17.6 percent
of the fatalities and transportation
incidents also were significant causes of
fatalities during that period.
According to BLS data, the annual
number of fatalities in SIC 0783
increased between 1992 and 2002. In
2002, for instance, there were 70
fatalities, almost double the 36 reported
in 1992. Moreover, during the last 3
years of the period, there were 70 or
more fatalities each year. From 1992 to
2002, there was a significant increase in
the number of fatalities in SIC 0783
resulting from being struck by falling
objects and transportation incidents,
including being struck by mobile
equipment. Those types of fatalities
increased more than three-fold and fivefold, respectively. Also, during that
period the number of fatalities in SIC
0783 among Hispanic employees more
than quadrupled, increasing from 4
deaths in 1992 to 17 deaths in 2002. In
1992, 11 percent of the fatalities in SIC
0783 were Hispanic employees. By
2002, however, Hispanic employees
accounted for 24 percent of all fatalities,
which was significantly higher than the
percentage of fatalities for Hispanic
employees in private industry as a
whole (15 percent).
Data from OSHA’s Integrated
Management Information System (IMIS)
for SIC 0783 show similar results. From
1994–2007, fatalities resulting from falls
(from trees or bucket trucks) and being
struck by falling objects accounted for
28 and 29 percent of the fatal injuries,
respectively. Contact with electric
current and transportation accidents
accounted for 20 and 9 percent of the
fatalities, respectively.
Looking at fatalities associated with
chipper operations, a hazardous task
related to tree trimming and tree
removal operations, seven percent of
employee deaths reported in the BLS
data resulted when an employee was
pulled into a chipper or struck by the
chipper hood or other part of the
chipper. Similarly, 20 fatalities reported
in the IMIS data during the past 10 years
(1998–2007) occurred in chipper
operations. Seventy percent of those
deaths resulted when employees were
caught and pulled into the chipper.
Injury data for SIC 0783 also indicate
the hazardous nature of tree care
operations. For example, in 2002 BLS
reported an average annual injury rate of
7.6 cases per 100 fulltime workers in
SIC 0783, which was above the annual
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rate of 5.3 in private industry as a
whole.3
B. Applicable Standards
OSHA’s logging operations standard
(29 CFR 1910.266) covers limited types
of tree removal operations, which are
sometimes performed by firms primarily
engaged in tree care services. In
addition, there are a number of other
OSHA general industry standards that
apply to certain tree care operations,
including:
• 29 CFR 1910.25—Portable wood
ladders;
• 29 CFR 1910.26—Portable metal
ladders;
• 29 CFR 1910.67—Vehicle-mounted
elevating and rotating work platforms;
• 29 CFR Part 1910.95—Occupational
noise exposure;
• 29 CFR 1910.106—Flammable and
combustible liquids;
• 29 CFR Part 1910 subpart I—
Personal protective equipment;
• 29 CFR 1910.147—Control of
hazardous energy (lockout/tagout);
• 29 CFR 1910.151—Medical services
and first aid;
• 29 CFR 1910.180—Crawler,
locomotive, and truck cranes;
• 29 CFR 1910.184—Slings;
• 29 CFR 1910.212—General
requirements for all machines [machine
guarding];
• 29 CFR 1910.242—Hand and
portable powered tools and equipment;
• 29 CFR 1910.268—
Telecommunications;
• 29 CFR 1910.269—Electric power
generation, transmission, and
distribution;
• 29 CFR 1910.331 to 1910.335—
Electrical safety-related work practices;
and
• 29 CFR 1910.1200—Hazard
communication.
C. Events Leading to This Action
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On May 10, 2006, the Tree Care
Industry Association (TCIA) petitioned
OSHA to promulgate a standard specific
to tree care operations. In its petition,
TCIA said a standard is needed because
‘‘tree care work is by its very nature one
of the most hazardous occupations’’ and
because existing OSHA standards do not
adequately address those hazards. TCIA
urged that OSHA develop a standard
based on ANSI Z133.1—2006.
American National Standard for
Arboricultural Operations—Safety
Requirements
After analyzing the BLS and IMIS
fatality and injury data, OSHA has
3 Source: BLS (https://stats.bls.gov/iif/
oshcfoi1.htm).
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decided to pursue rulemaking to
address hazards in tree care operations.
As the first step in the rulemaking
process, OSHA is publishing this ANPR
to gather data, information, and
comment on hazards in tree care
operations and effective measures to
control hazards and prevent injuries and
fatalities. In addition, OSHA is
requesting comment on provisions a
standard should include to effectively
address those hazards. OSHA also will
carefully consider the ANSI Z133.1
standard, as well as State occupational
safety and health standards addressing
tree care operations, in developing a
standard.
II. Request for Data, Information, and
Comments
OSHA is seeking data, information,
and comment on hazards present in tree
care operations and the measures to
control those hazards and reduce the
high accident, injury, and fatality rate,
particularly in the operations of tree
trimming and removal.
OSHA is interested in gathering a
broad range of data, information, and
comments related to a standard
addressing tree care operations. OSHA
invites comment on the questions in
this notice, which include current
employer and industry practices as well
as the tasks, tools, equipment,
machines, vehicles, processes, controls,
and procedures involved in tree care
operations. OSHA requests that you
explain and provide data and
information, including any studies or
articles that support your comments.
Because OSHA intends to address tree
care operations in whatever industry
they may occur, OSHA is particularly
interested in obtaining information
about all kinds of businesses that may
engage in tree care operations.
Preliminarily, OSHA has identified tree
care operations as primarily taking place
among: (1) Firms primarily engaged in
tree care services (many of which belong
to the Tree Care Industry Association
and were formerly classified in SIC
0783); (2) utilities (electric power and
telecommunications) that do their own
tree trimming rather than contracting it
out to others; and (3) municipalities and
other local governments that provide
tree care services to their constituents
and on local government owned or
operated properties such as parks and
recreational areas. In addition, tree care
operations may also take place in any
firm with significant property
management responsibilities, such as
large property management firms or
zoos, museums, and historic sites.
OSHA tentatively plans to profile the
industry, in large part, by identifying
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establishments that employ tree
trimmers and pruners (Standard
Occupational Code 37–013). In 2006,
there were 41,000 tree trimmers and
pruners. OSHA invites comment on this
approach. OSHA also requests
information on who currently engages
in tree care operations and how and to
what extent this standard might affect
them.
OSHA also invites comment on
regulatory alternatives to reduce injuries
and fatalities in tree care operations. In
addition, OSHA invites comment on
what requirements a standard
addressing hazards in tree care
operations should include and the
potential costs and benefits of such a
standard.
A. Tree Care Industry
1. Who performs tree care operation
in the US? What industries are they in?
How many entities, by industry,
perform tree care operations in the
United States? Which industries, other
than the landscaping services industry,
perform tree care operations that may be
affected by a tree care operations
standard? Are there tree care operations
that do not employ employees classified
as tree trimmers and pruners?
2. Please describe the job tasks
involved in tree care operations and the
hazards present in those tasks.
3. What types of tree care operations
does your company (or a company
representative of your industry)
perform? What types of tree care
operations comprise the largest part of
your company’s business? For example,
how much of your business involves
tree trimming operations and how much
involves tree removal operations?
4. How many tree care companies in
the United States primarily perform tree
trimming and removal operations?
5. How many employees does your
company (or a company representative
of your industry) employ to perform tree
care operations? Of those, how many are
permanent employees and how many
are temporary employees? What types of
tree care operations do those employees
perform?
6. To what extent does your company
(or a company representative of your
industry) rely on or use day laborers in
tree trimming and removal operations?
What tasks do they typically perform?
B. Accidents, Injuries, and Fatalities
1. How many and what types of
accidents, injuries, and fatalities have
been reported at your company or in the
tree care industry during the past 5
years?
2. In what operations did those
accidents, injuries, or fatalities occur,
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and what operations had the highest
number of accidents, injuries, or
fatalities?
3. What were the causes (for example,
fall, struck by a vehicle or falling tree or
limb, cut by chain saw or chipper, and
electric shock) of the accidents, injuries,
and fatalities? Please explain in detail.
4. What was the average number of
days away from work for those injuries?
5. What was the average age and
length of employment of the employees
injured or killed during tree care
operations?
C. Tree Trimming
1. What types of tasks are involved in
tree trimming operations and what
hazards are present in those tasks?
2. In what setting does your company
(or a representative company in your
industry) usually perform tree trimming
operations (for example, residential
property, commercial property, public
land, right-of-way, and near
telecommunication or electric power
lines)?
3. What vehicles, mobile equipment,
portable powered hand tools, and other
tools and equipment do employees use
to perform tree trimming operations?
4. To what extent are tree trimming
operations at your company or industry
performed from aerial lifts, from
ladders, in trees, or on the ground?
5. To what extent do employees at
your company or industry get into the
tree to perform tree trimming? How do
they get into the tree and what
equipment do they use to get up there?
6. How do you dispose of the
branches and limbs? How are they
moved to the street or other disposal
area?
7. What controls and work safety
practices has your company or industry
implemented to protect employees
performing or working near tree
trimming operations?
8. What fall protection or other
personal protective equipment (PPE)
does your company provide to protect
employees performing or working near
tree trimming operations, including
performing tree trimming operations
from aerial lifts? Which employees
receive PPE, what PPE do you pay for,
and what does it cost?
9. What provisions and requirements
should a standard include to protect
employees from hazards in tree
trimming operations?
D. Tree Removal
1. What types of tasks are involved in
performing tree removal operations and
what hazards are present in those tasks?
2. In what setting does your company
(or a representative company in your
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industry) usually perform tree removal
operations (for example, residential
property, commercial property, public
lands, and near telecommunication or
electric power lines)? How many trees
does your company (or a representative
company in your industry) typically
remove on a single job or worksite?
3. How does your company or
industry remove or cut down trees,
particularly where space or clearance is
an issue? Please explain in detail.
4. To what extent and in what
circumstances does your company or
industry remove trees solely using the
piece-out method? To what extent and
in what circumstances does your
company or industry remove trees by
cutting them down all at once at the
stump?
5. What vehicles, mobile equipment,
portable powered hand tools, and other
tools and equipment do employees use
to perform tree removal operations?
6. To what extent and in what
circumstances does your company or
industry use cranes to remove trees or
tree segments?
7. How does your company dispose of
tree trunks and trunk segments? How
are they moved to the street or other
disposal area?
8. What controls and workplace safety
practices has your company or industry
implemented to protect employees who
perform or work near tree removal
operations?
9. What types of fall protection and
other PPE does your company provide
to protect employees who perform or
work near tree removal operations?
Which employees receive PPE, what
PPE do you pay for, and what does it
cost?
10. What requirements should a
standard include to protect employees
from hazards in tree removal
operations?
E. Portable Powered Hand Tools,
Ladders, and Other Tools and
Equipment
1. What portable powered hand tools
(for example, chain saws, and powered
pole-mounted tools), ladders, and other
tools (for example, cant hooks, chisels,
chopping tools, and tongs) and
equipment (for example, rope, climbing
equipment, and wedges) does your
company or industry use to perform tree
care operations?
2. What types of chain saws does your
company or industry use to cut tree
branches and trunks?
3. What controls and safety
mechanisms do these tools and
equipment have to protect employees
from accidents, injuries, and fatalities?
What type of kickback protections or
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other safety mechanisms do the chain
saws have to protect employees from
being cut or otherwise injured? What do
these controls and safety mechanisms
cost?
4. What workplace safety practices
has your company or industry
implemented to protect employees who
use or work near portable powered hand
tools, chains saws, ladders, and other
tools and equipment?
5. What PPE (for example, cutresistant leg protection, head protection,
and eye and face protection) does your
company or industry provide to protect
employees who use or work near
portable powered hand tools, and other
tools and equipment? Which employees
receive PPE, what PPE do you pay for,
and what does it cost?
6. What type of training does your
company or industry provide to
employees before they are permitted to
operate portable powered hand tools,
and other tools and equipment? Which
employees receive training and how
frequently?
7. What provisions and requirements
should a standard specific to tree care
operations include to protect employees
operating portable powered hand tools,
and other tools and equipment?
F. Vehicles and Mobile Equipment
1. What types of vehicles and mobile
equipment (for example, aerial lifts,
sprayers, stump cutters, log loaders,
cranes, and winches) does your
company or industry use to perform tree
care operations?
2. What types of controls and safety
mechanisms do vehicles and mobile
equipment have to protect employees
operating these vehicles or mobile
equipment? For example, does your
company or industry use vehicles and
mobile equipment that are equipped
with safety equipment such as seat belts
and falling object protective systems
(FOPS)? What do these controls and
safety mechanisms cost?
3. What workplace safety practices
(for example, traffic cones and signs and
traffic direction) has your company or
industry implemented to protect
employees operating or working near
vehicles or mobile equipment? What
safety work practices and procedures
has your company or industry
implemented at jobsites to protect
employees from on-road vehicular
traffic in the area?
4. What PPE (for example, reflective
vests) does your company or industry
provide to protect employees while
operating or working near vehicles or
mobile equipment? Which employees
receive PPE, what PPE do you pay for,
and what does it cost?
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5. What training does your company
or industry provide for employees who
operate vehicles or mobile equipment
for tree care operations? Which
employees receive training and how
frequently?
6. What provisions and requirements
should a standard specific to tree care
operations include to protect employees
operating or working near vehicles and
mobile equipment? For example, should
a standard require that employers use
mobile equipment that is equipped with
FOPS and seat belts?
dwashington3 on PRODPC61 with PROPOSALS
G. Chippers
1. To what extent and in what
circumstances does your company or
industry perform chipping operations at
tree trimming and removal worksites?
2. What types of chippers does your
company or industry use?
3. What types of safety mechanisms
(for example, safety control bar and
hood locks or latches) do chippers have
to prevent employees from being pulled
into the machine or otherwise injured?
What types of safety mechanisms do
your chippers have and what do they
cost?
4. What types of controls (for
example, wooden push sticks) and
workplace safety practices has your
company or industry implemented to
protect employees operating or working
near chippers?
5. What types of PPE (for example,
safety glasses, head protection, and
gloves) does your company or industry
provide to employees performing or
working near chipper operations?
Which employees receive PPE, what
PPE do you pay for, and what does it
cost?
6. What training does your company
or industry provide for employees who
perform or work near chipper
operations? Which employees receive
training and how frequently?
7. What requirements should a
standard include to protect employees
operating or working near chippers? For
example, should a standard require that
employers use chippers equipped with
safety control bars?
H. General Workplace Safety Practices
and Procedures
1. What general workplace safety and
health practices or program has your
company or industry implemented to
protect employees who perform or work
near tree care operations? Please
describe in detail or submit a copy of
the practices or program.
2. To what extent does your company
(or a company representative of your
industry) conduct hazard assessments
before beginning a tree trimming or
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15:24 Sep 17, 2008
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removal operation? Please describe in
detail the hazard assessment process
you use.
3. What workplace safety practices
and procedures has your company or
industry implemented to address
environmental conditions (for example,
thunderstorms, high winds, snow, and
ice) that may pose a risk to employees?
4. What type of accident, near-miss,
injury, and fatality records does your
company or industry keep and analyze
and to what extent does your company
use these records to improve workplace
safety and health practices or programs?
I. Training
1. What training does your company
or industry provide to employees about
safe performance of tree care
operations? Which employees receive
training and how frequently? What does
the training cost?
2. What is the content of that training?
Please describe in detail and submit a
copy of training materials.
3. What training, if any, does your
company provide for temporary
employees, including day laborers?
What is the content of that training and
in what language is it provided? Please
describe in detail and submit a copy of
training materials.
4. To what extent does your company
or companies in your industry hold
regular safety meetings (for example,
toolbox talks)? What do those safety
meetings cover and how frequently are
they held?
5. What training requirements should
a standard include to protect employees
performing tree care operations? Should
a standard require that employers train
all employees, including temporary
employees and day laborers, before
permitting them to perform tree care
operations or related tasks?
J. Medical Services and First Aid
1. What procedures has your company
or industry implemented to ensure that
injured employees receive timely and
effective first aid and cardiopulmonary
resuscitation (CPR) if they are injured?
2. What first aid and CPR training
does your company or industry provide
to employees? Which employees receive
training and how frequently? How much
does the training cost? If training is not
provided, what alternatives are in place
to ensure that employees receive timely
first aid and CPR?
3. Does your company or industry
have first aid kits at the workplace in
the event an employee is injured? How
many kits do you provide, where are
they located, and what types of supplies
do they contain? What do the first aid
kits and supplies cost?
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4. What requirements should a
standard contain to address medical
services, including first aid and CPR, to
help employees who are injured during
tree care operations? For example,
should a standard include provisions
requiring the employees have CPR
training or that employers have an
automated external defibrillator at the
workplace?
K. National Consensus Standards
1. To what extent has your company
or industry implemented the provisions
and requirements in the ANSI Z133.1
standard and what were the costs?
Please explain in detail.
2. What provisions or requirements in
ANSI Z133.1 have been most effective
in reducing injuries and fatalities at
your company or in the industry?
3. What provisions in the ANSI
Z133.1 standard, if any, have been
difficult to implement at your company
or in the industry?
4. What provisions or requirements in
ANSI Z133.1 should OSHA include or
not include in a standard on tree care
operations? Please explain.
5. What provisions or requirements in
other national consensus standards
should OSHA include in a standard on
tree care operations?
L. Economic Impacts
1. What are the potential economic
impacts associated with the
promulgation of a standard to control
hazards and reduce injuries and
fatalities in tree care operations?
Describe those impacts in terms of
benefits from reduction in the number
or severity of injuries and from changes
in the costs of controls, medical costs,
and training; effects on revenue and
profit; and any other relevant impact
measure. To the extent possible,
quantify or provide examples of costs
(for example, dollar estimates for
controls).
2. What changes, if any, in market
conditions would reasonably be
expected to result from the
promulgation of a standard on tree care
operations? Describe any changes in
market structure or concentration, and
any effects on services that would
reasonably be expected.
3. How many and what kinds of small
entities perform tree care operations?
What percentage of the industry do they
comprise?
4. The Regulatory Flexibility Act
requires that OSHA assess the impact of
proposed and final rules on small
entities (5 U.S.C 601 et seq.). OSHA
requests that members of the small
business community and others familiar
with small business concerns address
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dwashington3 on PRODPC61 with PROPOSALS
any special circumstances small entities
face in controlling hazards and reducing
injuries and fatalities in tree care
operations. How and to what extent
would small entities in your industry be
affected by the promulgation of a
standard that addresses hazards in tree
care operations? Are there special
circumstances that make the control of
hazards in tree care operations more
difficult or more costly in small entities?
Describe those circumstances and
explain and discuss any alternatives
that might serve to minimize these
impacts.
5. Are the reasons why the benefits of
a standard to control hazards in tree
care operations might be different for
small entities than for larger
establishments? Please explain.
III. Public Participation
You may submit comments in
response to this document (1)
electronically at https://
www.regulations.gov, (2) by hard copy,
or (3) by facsimile (FAX). All comments,
attachments, and other materials must
identify the Agency name and the
docket number for this document
(Docket No. OSHA–2008–0012). You
may supplement electronic submissions
by uploading document files
electronically. If, instead, you wish to
mail additional materials in reference to
an electronic or FAX submission, you
must submit three copies to the OSHA
Docket Office (see ADDRESSES section).
The additional materials must clearly
identify your electronic or FAX
comments by name, date, and docket
number so OSHA can attach them to
your comments.
Because of security-related problems
there may be a significant delay in the
receipt of comments by regular mail. For
information about security procedures
concerning the delivery of materials by
express delivery, hand delivery, and
messenger or courier service, please
contact the OSHA Docket Office at 202–
693–2350 (TTY 877–889–5627).
All comments and submissions in
response to this Federal Register,
including personal information, are
placed in the public docket without
change. Therefore, OSHA cautions
against submitting certain personal
information such as social security
numbers and birthdates. All comments
and submissions are listed in the https://
www.regulations.gov index; however,
some information (for example,
copyrighted material) is not publicly
available to read or download through
the Web site. All comments and
submissions are available for inspection
and copying at the OSHA Docket Office
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15:24 Sep 17, 2008
Jkt 214001
(see the ADDRESSES section of this
notice). Information on using https://
www.regulations.gov to submit
comments and access dockets is
available at that Web site. Contact the
OSHA Docket Office (see ADDRESSES
section) for information about materials
not available through the OSHA Web
site and for assistance in using the Web
site to locate and download docket
submissions.
Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This document, as
well as news releases and other relevant
documents, are also available at OSHA’s
Web site at https://www.osha.gov.
IV. Authority and Signature
This document was prepared under
the direction of Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor. It is issued
pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 657), 29 CFR
part 1911, and Secretary’s Order 5–2007
(72 FR 31159).
Signed at Washington, DC, this 15th day of
September, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–21851 Filed 9–17–08; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1915, 1917, 1918,
and 1926
[Docket No. OSHA–2008–0031]
RIN 1218–AC42
Clarification of Remedy for Violation of
Requirements To Provide Personal
Protective Equipment and Train
Employees
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Proposed rule; notice of hearing.
AGENCY:
SUMMARY: OSHA is convening an
informal public hearing to receive
testimony and documentary evidence
on the proposed rule for Clarification of
Remedy for Violation of Requirements
to Provide Personal Protective
Equipment and Train Employees.
DATES: Informal public hearing. The
Agency will hold the informal public
hearing in Washington, DC, beginning
October 6, 2008. The hearing will
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54123
commence at 10 a.m. on the first day.
If necessary, the hearing will continue
on October 7, 2008, beginning at 9 a.m.
Notice of intention to appear to
provide testimony at the informal public
hearing. Parties must notify OSHA in
writing no later than September 26,
2008, of their intention to appear at the
hearing to present testimony. OSHA is
limiting each party’s testimony to 10
minutes. If parties need additional time,
they must submit a written request with
their notice of intention to appear
stating how much time they seek, the
topics they will cover during their
testimony, and why they cannot cover
the topics in the 10 minutes allotted.
ADDRESSES: Informal Public Hearing.
The informal public hearing will be
held in Washington, DC, Conference
Room 6, Room C–5320 of the Frances
Perkins Building, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC.
Notices of intention to appear at the
hearing. Submit notices of intention to
appear at the informal public hearing
and requests for additional time to
testify, identified by the docket number
(OSHA–2008–0031) or the regulatory
information number (RIN 1218–AC42),
using any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting the material.
Facsimile: Send submissions
consisting of 10 or fewer pages to the
OSHA Docket Office at (202) 693–1648.
Hard copies of these documents are not
required. Instead of transmitting
facsimile copies of attachments that
supplement these documents (e.g.,
studies, journal articles), submit these
attachments, in triplicate hard copy, to
the OSHA Docket Office, Technical Data
Center, Room N–2625, OSHA, U.S.
Department of Labor, 200 Constitution
Ave., NW., Washington, DC 20210.
These attachments must clearly identify
the sender’s name, date, subject, and
docket number (i.e., OSHA–2008–0031)
so that the Agency can attach them to
the appropriate document.
Regular mail, express delivery, hand
delivery, and courier service: Send
submissions (single copy only) to the
OSHA Docket Office, Docket No.
OSHA–2008–0031, Technical Data
Center, Room N–2625, OSHA, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–2350 (OSHA’s TTY
number is (877) 889–5627). Note that
security-related problems may result in
significant delays in receiving
submissions by regular mail. Please
contact the OSHA Docket Office for
information about security procedures
E:\FR\FM\18SEP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Proposed Rules]
[Pages 54118-54123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21851]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2008-0012]
RIN 1218-AC40
Tree Care Operations
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: OSHA is requesting data, information, and comment on tree care
operations, including hazards, fatalities, and control measures, that
the Agency can use in developing a proposed standard to control hazards
and reduce injuries in those operations.
DATES: Comments must be submitted (postmarked, sent, or received) by
December 17, 2008.
ADDRESSES: You may submit comments, identified by Docket No. OSHA-2008-
0012, by any of the following methods:
Electronically: You may submit comments and attachments
electronically at https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Fax: If your comments, including attachments, do not exceed 10
pages, you may fax them to the OSHA Docket Office at 202-693-1648.
Mail, hand delivery, express mail, messenger or courier service:
You must submit three copies of your comments and attachments to the
OSHA Docket Office, Docket No. OSHA-2008-0012, Room N-2625, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone 202-693-2350 (TTY number 877-889-5627).
[[Page 54119]]
Deliveries (hand, express mail, messenger or courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m.-4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number (Docket No. OSHA-2008-0012). Because of security-
related procedures, submissions by regular mail may result in
significant delay in their receipt. Please contact the OSHA Docket
Office at the above address for information about security procedures
for submitting comments by hand delivery, express delivery, and
messenger or courier service.
All comments, including any personal information you provide, are
placed in the public docket without change and may be made available
online at https://www.regulations.gov. Therefore, OSHA cautions you
about submitting certain personal information, such as social security
numbers and birthdates. For further information on submitting comments,
see the ``Public Participation'' heading in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read or download comments submitted in response to this
Federal Register notice or other materials in the docket, go to Docket
No. OSHA-2008-0012 at https://www.regulations.gov or the OSHA Docket
Office at the address above. All documents in the docket are listed in
the https://www.regulations.gov index, however, some information (for
example, copyrighted material) is not publicly available to read or
download through the Web site. All submissions, including copyrighted
material, are available for inspection and copying at the OSHA Docket
Office.
Electronic copies of this Federal Register notice are available at
https://www.regulations.gov. This notice, as well as news releases and
other relevant information, also are available at OSHA's Web site at
https://www.osha.gov.
FOR FURTHER INFORMATION CONTACT: Press Inquiries: Jennifer Ashley, OSHA
Office of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone: 202-693-
1999.
General and Technical Information: David Wallis, OSHA Directorate
of Standards and Guidance, Office of Engineering Safety, Room N-3609,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone 202-693-2277.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Hazards and Accidents
B. Applicable Standards
C. Events Leading to This Action
II. Request for Data, Information, and Comments
A. Tree Care Industry
B. Accidents, Injuries, and Fatalities
C. Tree Trimming
D. Tree Removal
E. Portable Powered Hand Tools, Ladders, and Other Tools and
Equipment
F. Vehicles and Mobile Equipment
G. Chippers
H. General Workplace Safety Practices and Procedures
I. Training
J. Medical Services and First Aid
K. National Consensus Standards
L. Economic Impacts
III. Public Participation
IV. Authority and Signature
I. Background
A. Hazards and Accidents
Tree care operations, such as tree trimming and tree removal, can
expose employees to a number of serious hazards. The dangers include
falling from trees; being hit by falling trees or branches, flying
objects or vehicular traffic; being cut by high-speed saws; being
pulled into chippers; and coming into contact with energized power
lines. These dangers are often associated with tree trimming and
removal operations and related tasks; therefore, these operations are
some of the key areas on which OSHA is focusing this Advance Notice of
Proposed Rulemaking.
The hazards present in tree care operations have resulted in a
significant number of serious accidents. For example, looking at fatal
accidents in the tree services and ornamental shrubs industry sector
(SIC 0783), just one of the industry sectors that perform tree care
operations, the Bureau of Labor Statistics (BLS) reported that between
1992 and 2002 \1\ there were 637 fatalities.\2\ That averages to 58
fatalities per year. The vast majority (75.6 percent) of those
fatalities were falls, being struck by falling objects, and
electrocutions, which are types of accidents most closely associated
with tree trimming and removal operations. Falls and being struck by
falling objects accounted for about one-third (32 percent) and one-
quarter (26 percent) of the deaths, respectively. Contact with electric
current resulted in 17.6 percent of the fatalities and transportation
incidents also were significant causes of fatalities during that
period.
---------------------------------------------------------------------------
\1\ The most recent year for which data are available for SIC
0783 is 2002. The North American Industrial Classification System
has replaced the Standard Industrial Code system. Under the NAICS
system, SIC 0783 is now classified as a part of the landscape
services sector (NAICS 561730).
\2\ Source: Census of Fatal Occupational Injuries, Bureau of
Labor Statistics (BLS) (https://stats.bls.gov/iif/oshcfoi1.htm). Data
are derived from State death certificates and other sources and may
include deaths of sole proprietors.
---------------------------------------------------------------------------
According to BLS data, the annual number of fatalities in SIC 0783
increased between 1992 and 2002. In 2002, for instance, there were 70
fatalities, almost double the 36 reported in 1992. Moreover, during the
last 3 years of the period, there were 70 or more fatalities each year.
From 1992 to 2002, there was a significant increase in the number of
fatalities in SIC 0783 resulting from being struck by falling objects
and transportation incidents, including being struck by mobile
equipment. Those types of fatalities increased more than three-fold and
five-fold, respectively. Also, during that period the number of
fatalities in SIC 0783 among Hispanic employees more than quadrupled,
increasing from 4 deaths in 1992 to 17 deaths in 2002. In 1992, 11
percent of the fatalities in SIC 0783 were Hispanic employees. By 2002,
however, Hispanic employees accounted for 24 percent of all fatalities,
which was significantly higher than the percentage of fatalities for
Hispanic employees in private industry as a whole (15 percent).
Data from OSHA's Integrated Management Information System (IMIS)
for SIC 0783 show similar results. From 1994-2007, fatalities resulting
from falls (from trees or bucket trucks) and being struck by falling
objects accounted for 28 and 29 percent of the fatal injuries,
respectively. Contact with electric current and transportation
accidents accounted for 20 and 9 percent of the fatalities,
respectively.
Looking at fatalities associated with chipper operations, a
hazardous task related to tree trimming and tree removal operations,
seven percent of employee deaths reported in the BLS data resulted when
an employee was pulled into a chipper or struck by the chipper hood or
other part of the chipper. Similarly, 20 fatalities reported in the
IMIS data during the past 10 years (1998-2007) occurred in chipper
operations. Seventy percent of those deaths resulted when employees
were caught and pulled into the chipper.
Injury data for SIC 0783 also indicate the hazardous nature of tree
care operations. For example, in 2002 BLS reported an average annual
injury rate of 7.6 cases per 100 fulltime workers in SIC 0783, which
was above the annual
[[Page 54120]]
rate of 5.3 in private industry as a whole.\3\
---------------------------------------------------------------------------
\3\ Source: BLS (https://stats.bls.gov/iif/oshcfoi1.htm).
---------------------------------------------------------------------------
B. Applicable Standards
OSHA's logging operations standard (29 CFR 1910.266) covers limited
types of tree removal operations, which are sometimes performed by
firms primarily engaged in tree care services. In addition, there are a
number of other OSHA general industry standards that apply to certain
tree care operations, including:
29 CFR 1910.25--Portable wood ladders;
29 CFR 1910.26--Portable metal ladders;
29 CFR 1910.67--Vehicle-mounted elevating and rotating
work platforms;
29 CFR Part 1910.95--Occupational noise exposure;
29 CFR 1910.106--Flammable and combustible liquids;
29 CFR Part 1910 subpart I--Personal protective equipment;
29 CFR 1910.147--Control of hazardous energy (lockout/
tagout);
29 CFR 1910.151--Medical services and first aid;
29 CFR 1910.180--Crawler, locomotive, and truck cranes;
29 CFR 1910.184--Slings;
29 CFR 1910.212--General requirements for all machines
[machine guarding];
29 CFR 1910.242--Hand and portable powered tools and
equipment;
29 CFR 1910.268--Telecommunications;
29 CFR 1910.269--Electric power generation, transmission,
and distribution;
29 CFR 1910.331 to 1910.335--Electrical safety-related
work practices; and
29 CFR 1910.1200--Hazard communication.
C. Events Leading to This Action
On May 10, 2006, the Tree Care Industry Association (TCIA)
petitioned OSHA to promulgate a standard specific to tree care
operations. In its petition, TCIA said a standard is needed because
``tree care work is by its very nature one of the most hazardous
occupations'' and because existing OSHA standards do not adequately
address those hazards. TCIA urged that OSHA develop a standard based on
ANSI Z133.1--2006.
American National Standard for Arboricultural Operations--Safety
Requirements
After analyzing the BLS and IMIS fatality and injury data, OSHA has
decided to pursue rulemaking to address hazards in tree care
operations. As the first step in the rulemaking process, OSHA is
publishing this ANPR to gather data, information, and comment on
hazards in tree care operations and effective measures to control
hazards and prevent injuries and fatalities. In addition, OSHA is
requesting comment on provisions a standard should include to
effectively address those hazards. OSHA also will carefully consider
the ANSI Z133.1 standard, as well as State occupational safety and
health standards addressing tree care operations, in developing a
standard.
II. Request for Data, Information, and Comments
OSHA is seeking data, information, and comment on hazards present
in tree care operations and the measures to control those hazards and
reduce the high accident, injury, and fatality rate, particularly in
the operations of tree trimming and removal.
OSHA is interested in gathering a broad range of data, information,
and comments related to a standard addressing tree care operations.
OSHA invites comment on the questions in this notice, which include
current employer and industry practices as well as the tasks, tools,
equipment, machines, vehicles, processes, controls, and procedures
involved in tree care operations. OSHA requests that you explain and
provide data and information, including any studies or articles that
support your comments.
Because OSHA intends to address tree care operations in whatever
industry they may occur, OSHA is particularly interested in obtaining
information about all kinds of businesses that may engage in tree care
operations. Preliminarily, OSHA has identified tree care operations as
primarily taking place among: (1) Firms primarily engaged in tree care
services (many of which belong to the Tree Care Industry Association
and were formerly classified in SIC 0783); (2) utilities (electric
power and telecommunications) that do their own tree trimming rather
than contracting it out to others; and (3) municipalities and other
local governments that provide tree care services to their constituents
and on local government owned or operated properties such as parks and
recreational areas. In addition, tree care operations may also take
place in any firm with significant property management
responsibilities, such as large property management firms or zoos,
museums, and historic sites. OSHA tentatively plans to profile the
industry, in large part, by identifying establishments that employ tree
trimmers and pruners (Standard Occupational Code 37-013). In 2006,
there were 41,000 tree trimmers and pruners. OSHA invites comment on
this approach. OSHA also requests information on who currently engages
in tree care operations and how and to what extent this standard might
affect them.
OSHA also invites comment on regulatory alternatives to reduce
injuries and fatalities in tree care operations. In addition, OSHA
invites comment on what requirements a standard addressing hazards in
tree care operations should include and the potential costs and
benefits of such a standard.
A. Tree Care Industry
1. Who performs tree care operation in the US? What industries are
they in? How many entities, by industry, perform tree care operations
in the United States? Which industries, other than the landscaping
services industry, perform tree care operations that may be affected by
a tree care operations standard? Are there tree care operations that do
not employ employees classified as tree trimmers and pruners?
2. Please describe the job tasks involved in tree care operations
and the hazards present in those tasks.
3. What types of tree care operations does your company (or a
company representative of your industry) perform? What types of tree
care operations comprise the largest part of your company's business?
For example, how much of your business involves tree trimming
operations and how much involves tree removal operations?
4. How many tree care companies in the United States primarily
perform tree trimming and removal operations?
5. How many employees does your company (or a company
representative of your industry) employ to perform tree care
operations? Of those, how many are permanent employees and how many are
temporary employees? What types of tree care operations do those
employees perform?
6. To what extent does your company (or a company representative of
your industry) rely on or use day laborers in tree trimming and removal
operations? What tasks do they typically perform?
B. Accidents, Injuries, and Fatalities
1. How many and what types of accidents, injuries, and fatalities
have been reported at your company or in the tree care industry during
the past 5 years?
2. In what operations did those accidents, injuries, or fatalities
occur,
[[Page 54121]]
and what operations had the highest number of accidents, injuries, or
fatalities?
3. What were the causes (for example, fall, struck by a vehicle or
falling tree or limb, cut by chain saw or chipper, and electric shock)
of the accidents, injuries, and fatalities? Please explain in detail.
4. What was the average number of days away from work for those
injuries?
5. What was the average age and length of employment of the
employees injured or killed during tree care operations?
C. Tree Trimming
1. What types of tasks are involved in tree trimming operations and
what hazards are present in those tasks?
2. In what setting does your company (or a representative company
in your industry) usually perform tree trimming operations (for
example, residential property, commercial property, public land, right-
of-way, and near telecommunication or electric power lines)?
3. What vehicles, mobile equipment, portable powered hand tools,
and other tools and equipment do employees use to perform tree trimming
operations?
4. To what extent are tree trimming operations at your company or
industry performed from aerial lifts, from ladders, in trees, or on the
ground?
5. To what extent do employees at your company or industry get into
the tree to perform tree trimming? How do they get into the tree and
what equipment do they use to get up there?
6. How do you dispose of the branches and limbs? How are they moved
to the street or other disposal area?
7. What controls and work safety practices has your company or
industry implemented to protect employees performing or working near
tree trimming operations?
8. What fall protection or other personal protective equipment
(PPE) does your company provide to protect employees performing or
working near tree trimming operations, including performing tree
trimming operations from aerial lifts? Which employees receive PPE,
what PPE do you pay for, and what does it cost?
9. What provisions and requirements should a standard include to
protect employees from hazards in tree trimming operations?
D. Tree Removal
1. What types of tasks are involved in performing tree removal
operations and what hazards are present in those tasks?
2. In what setting does your company (or a representative company
in your industry) usually perform tree removal operations (for example,
residential property, commercial property, public lands, and near
telecommunication or electric power lines)? How many trees does your
company (or a representative company in your industry) typically remove
on a single job or worksite?
3. How does your company or industry remove or cut down trees,
particularly where space or clearance is an issue? Please explain in
detail.
4. To what extent and in what circumstances does your company or
industry remove trees solely using the piece-out method? To what extent
and in what circumstances does your company or industry remove trees by
cutting them down all at once at the stump?
5. What vehicles, mobile equipment, portable powered hand tools,
and other tools and equipment do employees use to perform tree removal
operations?
6. To what extent and in what circumstances does your company or
industry use cranes to remove trees or tree segments?
7. How does your company dispose of tree trunks and trunk segments?
How are they moved to the street or other disposal area?
8. What controls and workplace safety practices has your company or
industry implemented to protect employees who perform or work near tree
removal operations?
9. What types of fall protection and other PPE does your company
provide to protect employees who perform or work near tree removal
operations? Which employees receive PPE, what PPE do you pay for, and
what does it cost?
10. What requirements should a standard include to protect
employees from hazards in tree removal operations?
E. Portable Powered Hand Tools, Ladders, and Other Tools and Equipment
1. What portable powered hand tools (for example, chain saws, and
powered pole-mounted tools), ladders, and other tools (for example,
cant hooks, chisels, chopping tools, and tongs) and equipment (for
example, rope, climbing equipment, and wedges) does your company or
industry use to perform tree care operations?
2. What types of chain saws does your company or industry use to
cut tree branches and trunks?
3. What controls and safety mechanisms do these tools and equipment
have to protect employees from accidents, injuries, and fatalities?
What type of kickback protections or other safety mechanisms do the
chain saws have to protect employees from being cut or otherwise
injured? What do these controls and safety mechanisms cost?
4. What workplace safety practices has your company or industry
implemented to protect employees who use or work near portable powered
hand tools, chains saws, ladders, and other tools and equipment?
5. What PPE (for example, cut-resistant leg protection, head
protection, and eye and face protection) does your company or industry
provide to protect employees who use or work near portable powered hand
tools, and other tools and equipment? Which employees receive PPE, what
PPE do you pay for, and what does it cost?
6. What type of training does your company or industry provide to
employees before they are permitted to operate portable powered hand
tools, and other tools and equipment? Which employees receive training
and how frequently?
7. What provisions and requirements should a standard specific to
tree care operations include to protect employees operating portable
powered hand tools, and other tools and equipment?
F. Vehicles and Mobile Equipment
1. What types of vehicles and mobile equipment (for example, aerial
lifts, sprayers, stump cutters, log loaders, cranes, and winches) does
your company or industry use to perform tree care operations?
2. What types of controls and safety mechanisms do vehicles and
mobile equipment have to protect employees operating these vehicles or
mobile equipment? For example, does your company or industry use
vehicles and mobile equipment that are equipped with safety equipment
such as seat belts and falling object protective systems (FOPS)? What
do these controls and safety mechanisms cost?
3. What workplace safety practices (for example, traffic cones and
signs and traffic direction) has your company or industry implemented
to protect employees operating or working near vehicles or mobile
equipment? What safety work practices and procedures has your company
or industry implemented at jobsites to protect employees from on-road
vehicular traffic in the area?
4. What PPE (for example, reflective vests) does your company or
industry provide to protect employees while operating or working near
vehicles or mobile equipment? Which employees receive PPE, what PPE do
you pay for, and what does it cost?
[[Page 54122]]
5. What training does your company or industry provide for
employees who operate vehicles or mobile equipment for tree care
operations? Which employees receive training and how frequently?
6. What provisions and requirements should a standard specific to
tree care operations include to protect employees operating or working
near vehicles and mobile equipment? For example, should a standard
require that employers use mobile equipment that is equipped with FOPS
and seat belts?
G. Chippers
1. To what extent and in what circumstances does your company or
industry perform chipping operations at tree trimming and removal
worksites?
2. What types of chippers does your company or industry use?
3. What types of safety mechanisms (for example, safety control bar
and hood locks or latches) do chippers have to prevent employees from
being pulled into the machine or otherwise injured? What types of
safety mechanisms do your chippers have and what do they cost?
4. What types of controls (for example, wooden push sticks) and
workplace safety practices has your company or industry implemented to
protect employees operating or working near chippers?
5. What types of PPE (for example, safety glasses, head protection,
and gloves) does your company or industry provide to employees
performing or working near chipper operations? Which employees receive
PPE, what PPE do you pay for, and what does it cost?
6. What training does your company or industry provide for
employees who perform or work near chipper operations? Which employees
receive training and how frequently?
7. What requirements should a standard include to protect employees
operating or working near chippers? For example, should a standard
require that employers use chippers equipped with safety control bars?
H. General Workplace Safety Practices and Procedures
1. What general workplace safety and health practices or program
has your company or industry implemented to protect employees who
perform or work near tree care operations? Please describe in detail or
submit a copy of the practices or program.
2. To what extent does your company (or a company representative of
your industry) conduct hazard assessments before beginning a tree
trimming or removal operation? Please describe in detail the hazard
assessment process you use.
3. What workplace safety practices and procedures has your company
or industry implemented to address environmental conditions (for
example, thunderstorms, high winds, snow, and ice) that may pose a risk
to employees?
4. What type of accident, near-miss, injury, and fatality records
does your company or industry keep and analyze and to what extent does
your company use these records to improve workplace safety and health
practices or programs?
I. Training
1. What training does your company or industry provide to employees
about safe performance of tree care operations? Which employees receive
training and how frequently? What does the training cost?
2. What is the content of that training? Please describe in detail
and submit a copy of training materials.
3. What training, if any, does your company provide for temporary
employees, including day laborers? What is the content of that training
and in what language is it provided? Please describe in detail and
submit a copy of training materials.
4. To what extent does your company or companies in your industry
hold regular safety meetings (for example, toolbox talks)? What do
those safety meetings cover and how frequently are they held?
5. What training requirements should a standard include to protect
employees performing tree care operations? Should a standard require
that employers train all employees, including temporary employees and
day laborers, before permitting them to perform tree care operations or
related tasks?
J. Medical Services and First Aid
1. What procedures has your company or industry implemented to
ensure that injured employees receive timely and effective first aid
and cardiopulmonary resuscitation (CPR) if they are injured?
2. What first aid and CPR training does your company or industry
provide to employees? Which employees receive training and how
frequently? How much does the training cost? If training is not
provided, what alternatives are in place to ensure that employees
receive timely first aid and CPR?
3. Does your company or industry have first aid kits at the
workplace in the event an employee is injured? How many kits do you
provide, where are they located, and what types of supplies do they
contain? What do the first aid kits and supplies cost?
4. What requirements should a standard contain to address medical
services, including first aid and CPR, to help employees who are
injured during tree care operations? For example, should a standard
include provisions requiring the employees have CPR training or that
employers have an automated external defibrillator at the workplace?
K. National Consensus Standards
1. To what extent has your company or industry implemented the
provisions and requirements in the ANSI Z133.1 standard and what were
the costs? Please explain in detail.
2. What provisions or requirements in ANSI Z133.1 have been most
effective in reducing injuries and fatalities at your company or in the
industry?
3. What provisions in the ANSI Z133.1 standard, if any, have been
difficult to implement at your company or in the industry?
4. What provisions or requirements in ANSI Z133.1 should OSHA
include or not include in a standard on tree care operations? Please
explain.
5. What provisions or requirements in other national consensus
standards should OSHA include in a standard on tree care operations?
L. Economic Impacts
1. What are the potential economic impacts associated with the
promulgation of a standard to control hazards and reduce injuries and
fatalities in tree care operations? Describe those impacts in terms of
benefits from reduction in the number or severity of injuries and from
changes in the costs of controls, medical costs, and training; effects
on revenue and profit; and any other relevant impact measure. To the
extent possible, quantify or provide examples of costs (for example,
dollar estimates for controls).
2. What changes, if any, in market conditions would reasonably be
expected to result from the promulgation of a standard on tree care
operations? Describe any changes in market structure or concentration,
and any effects on services that would reasonably be expected.
3. How many and what kinds of small entities perform tree care
operations? What percentage of the industry do they comprise?
4. The Regulatory Flexibility Act requires that OSHA assess the
impact of proposed and final rules on small entities (5 U.S.C 601 et
seq.). OSHA requests that members of the small business community and
others familiar with small business concerns address
[[Page 54123]]
any special circumstances small entities face in controlling hazards
and reducing injuries and fatalities in tree care operations. How and
to what extent would small entities in your industry be affected by the
promulgation of a standard that addresses hazards in tree care
operations? Are there special circumstances that make the control of
hazards in tree care operations more difficult or more costly in small
entities? Describe those circumstances and explain and discuss any
alternatives that might serve to minimize these impacts.
5. Are the reasons why the benefits of a standard to control
hazards in tree care operations might be different for small entities
than for larger establishments? Please explain.
III. Public Participation
You may submit comments in response to this document (1)
electronically at https://www.regulations.gov, (2) by hard copy, or (3)
by facsimile (FAX). All comments, attachments, and other materials must
identify the Agency name and the docket number for this document
(Docket No. OSHA-2008-0012). You may supplement electronic submissions
by uploading document files electronically. If, instead, you wish to
mail additional materials in reference to an electronic or FAX
submission, you must submit three copies to the OSHA Docket Office (see
ADDRESSES section). The additional materials must clearly identify your
electronic or FAX comments by name, date, and docket number so OSHA can
attach them to your comments.
Because of security-related problems there may be a significant
delay in the receipt of comments by regular mail. For information about
security procedures concerning the delivery of materials by express
delivery, hand delivery, and messenger or courier service, please
contact the OSHA Docket Office at 202-693-2350 (TTY 877-889-5627).
All comments and submissions in response to this Federal Register,
including personal information, are placed in the public docket without
change. Therefore, OSHA cautions against submitting certain personal
information such as social security numbers and birthdates. All
comments and submissions are listed in the https://www.regulations.gov
index; however, some information (for example, copyrighted material) is
not publicly available to read or download through the Web site. All
comments and submissions are available for inspection and copying at
the OSHA Docket Office (see the ADDRESSES section of this notice).
Information on using https://www.regulations.gov to submit comments and
access dockets is available at that Web site. Contact the OSHA Docket
Office (see ADDRESSES section) for information about materials not
available through the OSHA Web site and for assistance in using the Web
site to locate and download docket submissions.
Electronic copies of this Federal Register notice are available at
https://www.regulations.gov. This document, as well as news releases and
other relevant documents, are also available at OSHA's Web site at
https://www.osha.gov.
IV. Authority and Signature
This document was prepared under the direction of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor. It is issued pursuant to sections 4, 6, and 8
of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657), 29 CFR part 1911, and Secretary's Order 5-2007 (72 FR 31159).
Signed at Washington, DC, this 15th day of September, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-21851 Filed 9-17-08; 8:45 am]
BILLING CODE 4510-26-P
