Safety Tailgate
OSHA vs. ANSI in the Tree Care Industry When and how to apply these sometimes-conflicting standards By Bob Lehman, Academy Trained
The first bullet is derived from Section 5(a)(1) of the act and is commonly re- ferred to as the General Duty Clause. WHO IS COVERED BY THE OSH ACT? The act covers most private sector em- ployers and their employees and ad- dresses federal employees separately. States are encouraged to adopt their own programs, which are approved and monitored by OSHA at the federal lev- el. It is true that the act does not cover everyone and every industry. Accord- ing to the Department of Labor, the act does not cover: •Self-employed persons (see below) •Farms that employ only immediate members of the farmer's family •Working conditions for which other federal agencies regulate worker safety. This includes most working conditions in mining, nuclear en- ergy and nuclear weapons manu- facturing, and many aspects of the transportation industries. •Employees of state and local govern- ments, unless they are in one of the states operating an OSHA-approved state plan Additionally, employers with 10 em- ployees or less are partially exempt from the extensive record-keeping re- quirements. However, they must still report injuries and fatalities and must adhere to the standards. It’s important to note that OSHA defines an employer as “anyone who is engaged
I’ve oen heard it said — even among experienced tree care professionals — that standards set by the Occupational Safety and Health Association (OSHA) don’t apply to the tree care industry. Perhaps you've heard something like this before, oen uttered by experi- enced pros with outstanding safety re- cords and decades in the industry. Here are some examples: “OSHA? We don’t do OSHA here. We do American National Standards Institute (ANSI.)”
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Bob Lehman, Academy Trained
“As long as you follow all the SHALLs in ‘The Z,’ you’re okay.”
Included within the U.S. Department of Labor, OSHA has the authority to en- force workplace safety standards in all 50 states and U.S. territories. The act lists the duties of employers and em- ployees as follows: •Each employer shall furnish to each of its employees' employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. •Each employer shall comply with occupational safety and health stan- dards promulgated under this act. •Each employee shall comply with occupational safety and health stan- dards and all rules, regulations, and orders issued pursuant to this Act which are applicable to their own actions and conduct.
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“SHOULDs in ANSI are completely optional. You only have to follow the SHALLs.” Perhaps it’s time to review the history and purpose of OSHA Standards and the Occupational Safety and Health Act (OSH). UNDERSTANDING OSHA The OSH Act was enacted by Congress and signed by President Richard Nix- on in 1970. It established the National Institute for Occupational Safety and Health (NIOSH) to research and make recommendations to prevent work-re- lated injury and illness, while OSHA served as the administrative arm.
50 | ArborTIMES Fall 2023
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