54118 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: http:// 

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, http:// 

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: 

§ 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 

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 

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 

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 http:// 

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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1The 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). 

2Source: Census of Fatal Occupational Injuries, 

Bureau of Labor Statistics (BLS) (http:// 

stats.bls.gov/iif/oshcfoi1.htm). Data are derived 

from State death certificates and other sources and 

may include deaths of sole proprietors. 

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 

http://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 http:// 

www.regulations.gov or the OSHA 

Docket Office at the address above. All 

documents in the docket are listed in 

the http://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 http:// 

www.regulations.gov. This notice, as 

well as news releases and other relevant 

information, also are available at 

OSHA’s Web site at http:// 

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. 

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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3Source: BLS (http://stats.bls.gov/iif/ 

oshcfoi1.htm). 

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 

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, 


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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 

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, 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? 

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 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules 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 http:// 

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 http:// 

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 http:// 

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 http:// 

www.regulations.gov. This document, as 

well as news releases and other relevant 

documents, are also available at OSHA’s 

Web site at http://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 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Proposed rule; notice of hearing. 

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 

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: http:// 

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 


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