Danger Trees

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Danger Trees

• The shocking truth!

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What is a Danger Tree?What is a Hazard Tree?
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Danger Tree Definition

• Oregon OSHA 437-007-0010 Definitions
• Danger Tree A standing tree, alive or dead,
  that presents a hazard to personnel due to
  deterioration or physical damage to the root
  system, trunk, (stem) or limbs, and the degree
  and direction of lean.

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Danger Tree Definition

• Washington WAC 296-54-505 Definitions
• Danger trees any tree of any height, dead or
  alive, that presents a hazard to workers because
  of rot, root, stem or limb damage, lean, or any
  other observable condition created by natural
  process or man-made activity.

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Danger Tree Definition

• Federal OSHA, Logging Operations 1910.266
• Danger tree is a standing tree that presents a
  hazard to employees due to conditions such as,
  but not limited to, deterioration or physical
  damage to the root system, trunk, stem or limbs,
  and the direction and lean of the tree.

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Danger Tree Definition

• ODOT and FS in Memorandum of Understanding. IX
  Maintenance
  
• 5. Danger Tree Removal. Danger trees are
  defined as those trees and snags outside the
  clearing limits that have the potential for, or
  are of imminent danger, to highway traffic. Tall
  or rotten snags, rotten or leaning trees
  affecting traffic clear zones, are the major
  examples.

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Danger Tree Definition

• Washington or Oregon Guidelines for Selecting
  Reserve Trees

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Which safety regulations apply and to what?

• Federal OSHA
• Washington Department of Labor and Industries
  Safety Standards for Logging Operations
  
• Oregon OSHA Division 7 Forest Activities
• Multi employer workplace.

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Oregon OSHA and Danger Trees
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Oregon OSHA Division 7 Forest Activities

• 437-007-0003 Scope of Rules. Applies to public
  and private employers who engage in forest
  activities.
  
• 437-007-0004 Applicability of Rules. Rules
  establish occupation safety and health practices
  for all forest activity operations.

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Oregon OSHA Division 7 Forest Activities

• Distances for danger trees are addressed in two
  areas timber falling and cable yarding work
  practices.
  
• Timber falling
• 437-007-0800
• (2) Personnel must not approach wthin two tree
  lengths of a tree being felled
  
• (3) The minimum distance between any workers
  manually falling trees, and any other personnel
  must be twice the height of the trees being
  felled.

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Oregon OSHA Division 7 Forest Activities

• 437-007-0925 Cable Yarding Work Practices. This
  applies to non-timber falling activities.
  
• If the potential failure zone cannot be
  determined, personnel must move at least 1½ tree
  lengths from the base of the tail and
  intermediate support trees, and in the clear
• OR OSHA believes that this applies to danger
  trees in all non-falling activities. Not just
  tail and intermediate support trees. It provides
  the linkage to the booklet Oregon Guidelines for
  Selecting Reserve Trees.

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Washington Department of Labor and Industries and
Danger Trees
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Washington Department of Labor and Industries
Safety Standards for Logging Operations

• WAC 296-54-501 Scope and Application
• Applies to all types of logging, road
  construction and other forest activities using
  logging machinery and or power saws.
  
• Other standards apply to other activities.

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Washington Department of Labor and Industries
Safety Standards for Logging Operations

• Discussions of timber falling frequently identify
  two tree lengths as the danger zone.
  
• WAC 296-54-507 Employers responsibilities.
• Ensure that danger trees within reach of
  landings, rigging, buildings, or work areas are
  either felled before regular logging operations
  begin, or arrange work so employees are not
  exposed to the related hazards

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Washington Department of Labor and Industries
Safety Standards for Logging Operations

• WAC 296-54-531 Truck roads.
• (3) For all portions of roads under the direct
  control of the employer, the employer must ensure
  that
  
• (a) All danger trees are felled a safe distance
  back from the roadway.

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Washington Department of Labor and Industries
Safety Standards for Logging Operations

• Other than falling, hazard zone distances are not
  defined. The intent of the Washington Department
  of Labor and Industries is to use the Washington
  Guidelines for Selecting Reserve Trees as a
  method of defining both the danger trees and the
  danger or hazard zone.

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Federal OSHA and Danger Trees
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Federal OSHA 1910.266

• Applies to all logging operations.

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Federal OSHA 1910.266

• Each danger tree shall be felled, removed or
  avoided. Each danger tree, including lodged
  trees and snags, shall be felled or removed using
  mechanical or other techniques that minimize
  employee exposure before work is commenced in the
  area of the danger tree. continued

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Federal OSHA 1910.266

• continued If the danger tree is not felled or
  removed, it shall be marked and no work shall be
  conducted within two tree lengths of the danger
  tree unless the employer demonstrates that a
  shorter distance will not create a hazard for an
  employee.

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Washington or Oregon Guidelines for Selecting
Reserve Trees

• Establishes four classes of hazard trees.
• Type 1 trees are live green trees that are
  defective or deformed with sound tops, trunks,
  and roots. The trees are stable and may be
  retained.
• Type 2 trees are dead trees with sound top,
  trunk, and roots. They are stable but may move to
  an unstable type 4 class. They may be retained.

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Washington or Oregon Guidelines for Selecting
Reserve Trees

• Type 3 trees are live or dead with unstable tops
  or upper portions. They are dangerous.
  
• Type 4 trees are live or dead with unstable trunk
  or roots, with or without bark. They are
  dangerous.

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Washington or Oregon Guidelines for Selecting
Reserve Trees

• To determine which type the tree fits in, it is
  necessary to assess stability of the defect.
  Local experience must be carefully used for
  this.
• The hazard area is 1 ½ times the height of the
  dangerous part.
  
• Type 3, it is the height of the hazardous top.
• Type 4, it is the tree height.

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Washington or Oregon Guidelines for Selecting
Reserve Trees

• When determining the hazard area consider
• The slope of the ground.
• Amount and direction of lean.
• Length of the top portion (type 3), or tree
  height (type 4).
  

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Oregon Department of Transportation
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Memorandum of Understanding ODOT

• FSM 1561.9a is a Memorandum of Understanding
  between State of Oregon Department of
  Transportation and FS regarding the steps
  necessary to coordinate transportation activities
  of mutual interest involving highways on, or
  accessing, lands managed by the USFS.

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Memorandum of Understanding ODOT

• a. Imminent danger trees, those posing an
  immediate hazard, will be cleared from, or above,
  the roadway by ODOT maintenance personnel in an
  expedient manner.
• b. Potential danger trees, those posing no
  immediate hazard, will be selected and marked
  jointly by ODOT and USFS personnel.

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FSH 7709.58 Transportation System Maintenance
Handbook

• Maintenance levels 3, 4, and 5 apply to roads
  that are intended for all National Forest traffic
  general use or commercial haul.
  
• 12.6 Exhibit 01 Maintenance Prescription
  Guidelines states on the roadside type of
  activity category to remove hazard trees. There
  is no hazard tree definition.

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Safety and Service Contracts
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Contract Administration Handbook 6309.11
Control of Work

• Prework Conference 12.12 Topics
• Objective Contractor understands safety
  expectations.
  

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Contract Administration Handbook 6309.11
Methods of Work

• 21.04a Contracting Officers Representative
• Work order issued for lack of compliance.

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Contract Administration Handbook 6309.11
Methods of Work

• 21.2 Work Orders and Notice of Noncompliance,
  form FS 6300-12
  
• Example 4. Orders to enforce compliance with
  safety or sanitary provisions that the contract
  requires.

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Contract Administration Handbook 6309.11
Methods of Work

• 23.1 Safety discussion at the Prework
  Conference.
  
• Advise the contractor of any potentially
  hazardous conditions at or near the project
  site.
  
• Comment This could be a comprehensive JHA or
  job hazard analysis.
  

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Contract Administration Handbook 6309.11
Methods of Work

• 23.1 Safety discussion at the Prework
  Conference.
  
• Advise the contractors that Occupational Health
  and Safety Administration regulations, as well as
  the contract, impose the responsibility upon them
  to ensure that their employees working
  conditions are not unsanitary, hazardous, or
  dangerous to their health and safety.

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Contract Administration Handbook 6309.11
Methods of Work

• Advise the contractor that Forest Service
  employees will not inspect or accept the work
  under conditions where hazards or unsanitary
  conditions have not been mitigated to the extent
  required by the Occupational Health and Safety
  Administration.

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Contract Administration Handbook 6309.11
Methods of Work

• Advise the contractors that they must initiate
  and maintain an accident prevention program,
  which includes frequent and regular inspections
  of the project site, materials, and equipment.

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Contract Administration Handbook 6309.11
Methods of Work

• 23.2 Safety Responsibilities of Forest Service
  Employees
  
• Do not normally conduct comprehensive inspection
  programs specifically for the purpose of
  monitoring contractor safety. If during the
  course of normal duties, the COR become aware of
  hazardous conditions which result from the
  contractors violation of OSHA regulations,
  continued

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Contract Administration Handbook 6309.11
Methods of Work

• continued notify the contractor immediately.
  If there is insufficient response by the
  contractor to verbal notice, document and deliver
  to contractor and CO.

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Contract Administration Handbook 6309.11
Methods of Work

• When a life threatening condition, resulting from
  the contractors operation, is observed, order
  the contractor to immediately correct the
  situation. Follow up verbal with written
  confirmation (Form FS 6300-12). In addition,
  suspend that portion of the work until the hazard
  is corrected (Form FS 6300-8).

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Contract Administration Handbook 6309.11
Methods of Work

• Do not directly or indirectly assume control,
  direction, or responsibility for the contractors
  safety program. In advising the contractor of
  apparent unsanitary or hazardous conditions, do
  not prescribe corrective measures or procedures
  unless they are specifically described in the
  contract specifications.

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Contract Administration Handbook 6309.11
Methods of Work

• Do not perform inspection of other duties in an
  unacceptable unsafe environment. If the unsafe
  environment is under the control of the
  contractor, advise the contractor that the work
  cannot be inspected nor accepted until the unsafe
  condition is corrected.

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May 6 Letter Danger Trees

• Focus on danger trees along roads used by
  contractors
  
• Within timber sale area
• Timber sale contract C(T) 2.32 Clearing. all
  dead or unstable trees are designated for cutting
  that are sufficiently tall to reach purchasers
  landings or the roadbed or specified roads

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May 6 Letter Danger Trees

• Outside the timber sale area but along the haul
  route.
  
• Contract provision C and CT 2.37 Minor Change for
  Danger Trees, no longer available. Engineering
  is working on a T spec for both timber sales and
  other permitted activities.
• The letter summarizes the Oregon Guidelines for
  Selecting Reserve Trees.

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Upcoming Letter on OSHA on Timber Sale Contracts
and Service Contracts

• State agencies apply their safety regulations on
  federal land when there is an employer with
  employees.
  
• State agencies do not want the FS to be enforcing
  their regulations.

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Upcoming Letter on OSHA on Timber Sale Contracts
and Service Contracts

• Projects need to be designed so they can be
  implemented within the constraints of the safety
  regulations.
  
• Timber sales
• Logging Feasibility Report should document an
  analysis of how the project has been designed so
  that it complies with safety regulations.

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Upcoming Letter on OSHA on Timber Sale Contracts
and Service Contracts

• Non-timber sale projects
• Prior to issuing request for proposals, the FS
  needs to design the project so that the safety
  regulations can be met.
  
• Require a plan to be submitted as part of the
  contractors proposal showing how the safety
  regulations will be met.
  
• FS needs to have criteria and skills to evaluate
  the contractors plan as part of the selection
  process.

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Upcoming Letter on OSHA on Timber Sale Contracts
and Service Contracts

• At pre-work meeting, discuss safety items
  including expectation that contractor will comply
  with safety regulations, identify know hazards
  and the contractors process for avoiding or
  mitigating the hazard.
• COR should have formal contact through
  contractors rep.
  
• Do not direct, or assume control, supervision, or
  responsibility for contractors employees.

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Upcoming Letter on OSHA on Timber Sale Contracts
and Service Contracts

• If FS sees a situation that is a direct threat to
  the contractors employees it is appropriate to
  take action to prevent the impending accident.

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Upcoming Letter on OSHA on Timber Sale Contracts
and Service Contracts

• If FS notifies the purchaser or service
  contractor that there is a safety problem and the
  contractor takes no action.
  
• If the safety threat is to FS employees on timber
  sales, the sale administrator may take
  contractual action to remedy the situation.
  

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Upcoming Letter on OSHA on Timber Sale Contracts
and Service Contracts

• If threat is to purchasers employees, the sale
  administrator can refer to the state agency.
  
• On service contracts, the COR may suspend the
  operation.
  

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Summary

• These sources discuss danger trees.
• FSH 6309.11 Contract administration Handbook
• Memorandum of Understanding between FS and Oregon
  ODOT.
  
• Engineering documents FSH 7709.58 Transportation
  System Maintenance Handbook 12.6 Exhibit 01
  Maintenance Prescription Guidelines.

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Summary

• US Department of Labor Federal OSHA Logging
  Operations 1910.266.
  
• Oregon OSHA Division 7 Forest Activities
• Washington Department of Labor and Industries
  Safety Standards for Logging Operations 296-54
  WAC 12/99 edition.
  
• Oregon or Washington Guidelines for Selecting
  Reserve Trees

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Summary

• May 6 letter about danger trees.
• Upcoming letter OSHA on Timber Sale Contracts
  and Service Contracts in Region 6.