[Congressional Record Volume 141, Number 14 (Tuesday, January 24, 1995)]
[Senate]
[Pages S1415-S1416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                OSHA RULES GOVERNING LOGGING OPERATIONS

  Mr. BAUCUS. Madam President, Washington bureaucrats are at it again. 
On February 9, the Occupational Safety and Health Administration, 
otherwise known as OSHA, will impose rules governing logging operations 
out in the woods. Now, logging can be hazardous and there are certain 
rules that do make sense and should be enforced to ensure that folks 
are not subjected to unnecessary risks. But people who work in the 
woods are not dummies. They know they do dangerous work, and they know 
which rules make sense and which ones do not.
  Unfortunately, the OSHA folks back here in Washington, DC, got 
carried away with their rulemaking because they issued a host of 
logging regulations that, I must tell you, simply defy common sense and 
they hurt the people who are trying to make a living rather than 
helping them. You can tell whoever wrote them works at a desk, probably 
in Washington, DC, and not with a chain saw.
  For example, these new regulations require loggers to wear foot 
protection that prevents penetration by chain saws. That means steel-
toed kevlar boots. While requiring loggers to wear these boots sounds 
like a good, sensible rule, the fact is, it is not. As Montana loggers 
will tell you, steel-toed boots are impractical when it comes to steep 
terrain--and I can tell you, we have a lot of that--and in cold 
weather. We have some of that, too. Since they reduce comfort and 
significantly reduce flexibility, they make it easier to slip and to 
fall, not a good thing when you are carrying a chain saw. Uncomfortable 
and inflexible boots might make the job more dangerous, not less 
dangerous. We have to, I think, let the logger make that call.
  Furthermore, chain-saw resistant work boots would have to be made out 
of exotic material like kevlar. These boots are not readily available 
from manufacturers. It seems impractical to me then to ask loggers to 
take a vacation while their new up-to-standard boots are on back order.
  Another provision requires loggers to wear both eyeglasses and face 
protection. Eye protection does make common sense. It is a regulation 
that loggers have strictly followed for many years. The additional 
requirement of face shields, however, will only cut down on loggers' 
peripheral vision; here, again, a regulation that creates more of a 
hazard than it alleviates.
  A third provision requires health care providers to review and 
approve logger first aid kits on a yearly basis; a doctor's appointment 
for a first aid kit. OSHA has to be kidding. I would think that OSHA 
could perhaps list the required contents for an aid kit and just leave 
it at that.
  These, Madam President, are but three examples that demonstrate just 
how bad these regulations are going. They are tough and violators are 
subjected to stiff penalties. They also make no sense and will 
needlessly put hardworking men and women out of business come February 
9 when they go into effect.
  Sometimes it seems to me the Feds have it in for people who work in 
the woods, or just like to go camping. For example, last year, I 
persuaded the Forest Service to withdraw a set of regulations that told 
folks what they could and could not do in the woods. These were the 
rules that outlawed people from carrying firearms, picking up rocks, or 
shouting out loud in our national forests.
  The Forest Service finally came to their senses and withdrew those 
regulations, and I hope that the Department of Labor will do the same 
here. I have asked the Secretary of Labor to suspend implementation of 
these regulations for 180 days.
   [[Page S1416]] Madam President, during this time, OSHA should go 
back to the drawing board and talk to the people with actual logging 
experience. These folks can help OSHA create rules that are 
specifically tailored to the region, compatible to the nature of the 
work and help, rather than hinder, the logger.
  I urge my colleagues to support my call for a halt to the 
implementation of these regulations as they are currently written.
  Mr. LEAHY addressed the Chair.
  The PRESIDING OFFICER. The Chair recognizes the Senator from Vermont.
  Mr. LEAHY. Madam President, I applaud the Senator from Montana, and I 
hope that OSHA will pay attention to his letter. I own a small tree 
farm in Vermont. In fact, I live on it. We harvest mixed types of 
trees, mostly hard wood, some soft woods, doing probably 25 to 35 acres 
a year. The man who does the harvesting was named a couple years in a 
row as the best forester in Vermont.
  He did not get that way by taking unnecessary risks. He has a very 
good logging business, hires a number of people, logs primarily in the 
wintertime when the ground is frozen, and moves things out.
  Frankly, I would trust him to make some of these judgments, some of 
the things the Senator is describing. They make no sense in our State, 
either.
  I remember one day walking down the road last winter. It was between 
30 and 35 degrees below zero. He was standing with his truck. He really 
loved it because the roads were frozen and he could move.
 And he had the roads to himself. But I can see him trying to walk with 
the type of boots the Senator is talking about. I can see him just 
breathing into any kind of face mask the Senator is talking about, 
where it is 30 to 35 degrees below zero. You are going to have nothing 
but sheer ice on the inside of that face mask. I wonder what kind of 
safety factor that is going to be.

  So, Madam President, I would ask the distinguished senior Senator 
from Montana, one who has paid more attention to these issues than just 
about anybody I know in this body, if he would share with me the 
response to his letter because I think he raises a valid point.
  Mr. BAUCUS. Madam President, I very much would like to and will share 
the response I get.
  I am curious whether they are going to apply windshield wipers on the 
face shield.
  Mr. LEAHY. Defrosters.
  Mr. BAUCUS. Defrosters. I wonder whether, if they are battery 
powered, the logger will have to carry a battery pack for the 
windshield wiper on the face mask or the defroster on the face mask 
because, as the Senator said, and as you know, Madam President, in your 
State of Maine--our States are northern States--snow falls in the 
winter. It gets a little cold when we are out in the woods. They could 
easily fog up. So I am not sure whether the OSHA people are thinking 
only about dead of summer logging or whether they are also thinking 
about logging operations the time of the year when it sometimes gets a 
little cooler.
  But I thank the Senator for his observations and I will give him a 
copy of the letter I get.

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