Commission Rejects Labor Secretary’s Use of ‘Logging’

March 1, 2016, 12:47 AM UTC

In two cases involving similar facts and the same employer, the Occupational Safety and Health Review Commission vacated citations Feb. 26 because the secretary of labor had cited the employer under a logging standard that didn’t apply to the cases (Sec’y of Labor v. Davey Tree Expert Co., OSHRC, OSHRC Docket No. 11-2556, 2/26/16 and Sec’y of Labor v. Davey Tree Expert Co., OSHRC, OSHRC Docket No. 12-1324, 2/26/16).

With help from the Random House Dictionary, the commission ruled that the process of “logging” under 29 C.F.R. 1910.266 includes both cutting down trees and moving ...

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