OSHA’s Top Ten

The following are the standards that were most frequently cited by Federal OSHA for tree service businesses (SIC 0783) during the fiscal year from October ’04 through September ’05. In all, Federal OSHA conducted 81 inspections of tree care establishments, issued 186 citations and proposed over $220,000 in penalties for that period. These statistics do not include data from the 22 States that administer their own approved OSHA State plan.

Below are the top ten most frequently issued citations, listed in descending order of frequency, with a brief, plain-English explanation of the likeliest reasons for the citation(s):

1910.67 - Vehicle-Mounted Elevating/Rotating Work Platforms
This standard covers aerial lift operation, inspection and maintenance. It’s one of the oldest OSHA standards on the books, incorporating ANSI A92 by reference. The most frequent violation results from the operator failing to wear fall protection in the bucket.

1910.132 - Personal Protective Equipment, General Requirements
This section says that is the employer’s responsibility to assess the hazards of the workplace, complete a written certification of the assessment, and provide appropriate PPE as well as training in its use and care to employees. The written certification of hazard assessment trips up many employers.

1910.269 - Electric Power Generation/Transmission/Distribution
The so-called Vertical Standard is a comprehensive document addressing line clearance tree trimming operations. It is impossible to know what these citations may have been for; however, a common one leading to accidents is violation of minimum separation distances.

5(A)(1) - General Duty Clause
The number refers to a section of OSH Act that admonishes the employer to maintain a workplace free of recognized hazards. OSHA typically invokes the General Duty Clause when they cannot find an OSHA standard that applies to an unsafe condition. Frequently this is where the ANSI Z133 Standard - which describes many situations that OSHA standards do not - can be referenced by OSHA. Yes, occasionally an industry consensus standard can carry the force of law!

1910.135 - Occupational Head Protection
This citation stems from the employee who fails to wear his hardhat and gets caught. The burden falls to the employer unless he/she can demonstrate: 1) there is a policy for hardhat use, 2) there is training to teach the policy, and 3) there is enforcement to back up the policy. This applies generally to PPE.

1910.133 - Eye & Face Protection
The likely cause for such a citation is an employee who failed to use, or wasn’t provided with, protective eyewear. See also 1910.135 above.

1910.266 – Logging Standard
Unfortunately in fiscal ’05 there were four inspections, resulting in nine citations, that were enforced by OSHA’s use of the Logging Standard. TCIA generally urges its members to contest (dispute) 1910.266 citations. Promulgated in 1996 without the tree care industry’s knowledge and input, the Logging Standard contains several requirements that conflict with accepted safe work practices for arboriculture.

1910.1200 – Hazard Communications
The purpose of this rule, as it is applied to the typical tree care company, is to ensure that the hazards of all chemicals used in the workplace are evaluated and that information concerning their hazards is transmitted to employers and employees through a hazard communication program. Gasoline and pesticides used in arborist operations frequently trigger the need to comply with this regulation.

1910.157 - Portable Fire Extinguishers
The employer must provide appropriate fire extinguishers for the shop, the office and work vehicles. This standard specifies the type and size of extinguishers needed, and requires employees to be trained in their use as part of a fire prevention plan.

1926.453 - Manually Propelled Mobile Ladder Stands and Scaffolds

Like 1910.67, this standard is intended to apply to aerial lift operation; however, unlike 1910.67 this standard is intended to apply to construction trades (note the 1926 designation) and it disallows the use of a conventional body belt and lanyard for fall protection. It is very likely that this standard was inappropriately cited against a tree care company.

TCIA members should contact the Association if they feel they have been improperly cited by OSHA. For companies that implement a comprehensive safety program with management commitment, employee involvement, constant evaluation and regular refinement, OSHA compliance virtually takes care of itself. Contact TCIA to learn how your company can improve its safety program.