Chapter 28. Tree Care and Removal

Work covered by 29 CFR §§1910.268 and 1910.269;

Logging operations; or

Land clearing operations for construction when heavy equipment is used to remove the trees and no trees are manually felled.

“Anti-two block device” means a device attached to a crane which prevents the lower load block or hook assembly from contacting the upper load block or boom point sheave assembly.

“Apex” means the point at which two saw cuts meet to form a notch.

“Approved” means is certified, labeled, or listed by a nationally recognized testing laboratory.

“Arborist climbing line” means a line designated to support the employee while aloft in a tree or attached to a crane.

“Arborist saddle” means an arrangement of straps, fittings, and buckles or other elements that form a waist belt with a low attachment element or elements and connecting support by encircling the legs suitably arranged to support the body in a sitting position.

“Back cut” means the cut made in a tree limb or trunk on the side opposite of the intended direction of fall.

“Carabiner” means a connector generally composed of a trapezoidal or oval-shaped body with a closed gate or similar arrangement that may be opened to receive an object and, when released, automatically closes to retain the object.

“Chopping tool” means a wooden-, fiberglass-, or steel-handled tool with a sharp, single- or double-edged steel head or blade mounted to it that is used to cut or split wood such as an ax or machete.

“Competent person” means an employee who is capable of identifying existing and predictable hazards and who has authorization to take prompt corrective measures.

“Conventional notch” means a directional felling cut into the side of a tree, facing the intended direction of fall and consisting of a horizontal face cut and an angled cut above it, creating a notch of approximately 45 degrees.

“Crotch” means a branch union where an angle is formed by two branches in the tree.

“Drop zone” means the area beneath an employee working aloft where there is the potential hazard of a falling object on another employee.

“Electrical conductor” means any overhead or underground electrical component capable of carrying an electric current, including communications wires and cables, power lines, and other such fixtures or apparatus.

“Ferrule” means a metal ring placed around the handle to prevent splitting.

“Licensed tree expert” means a person who has received from the Maryland Department of Natural Resources a license to allow their entity to perform tree care and tree removal.

“Person being lifted” means an employee who has been trained in fall prevention methods and the requirements of this regulation, and is capable of identifying existing and predictable hazards related to the tree care operations.

“Prusik loop” means an endless loop of rope used to fashion a Prusik knot.

“Qualified line-clearance tree trimmer” means an employee who, through related training and on-the-job experience, is familiar with the equipment and hazards in line clearance and has demonstrated the ability to perform the special techniques involved.

“Qualified person” means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated the person’s ability to solve or resolve problems relating to recognized and predictable hazards within the tree care industry.

“Secured” means made firm, tight, or fastened or when an employee is safeguarded from unintended movement by utilizing a climbing system that is attached to the employee and connected to a tree or other stable support, or both. Examples include, but are not limited to, being tied in, using a work-positioning lanyard, being on belay, and ascending the arborist climbing line using the foot lock technique while utilizing a Prusik loop or ascenders.

“Snap hook” means a connector composed of a hook-shaped member with a normally closed keeper, or similar arrangement, which may be opened to permit the hook to receive an object and, when released, automatically closes to retain the object.

“Tool lanyard” means a short line or strap used to secure a tool while working aloft.

“Tree care” means cutting, pruning, or other work on a standing tree.

“Tree removal” means the act of tree elimination whether cut down by sectioning or felling.

“Vehicle” means a car, bus, or truck that is owned, leased, or rented by the employer and is used for transportation of employees.

“Wedge” means a piece of material with two sides meeting at an angle that is used to raise or split objects by applying a driving force.

“Workline” means a rope used for lifting, lowering, or guiding limbs or equipment, or both, into or out of the tree.

ANSI Z133.1-2006 American National Standard for Arboricultural Operations—Safety Requirements, as amended.

ANSI/ASSE Z359.0-2007 Definitions and Nomenclature Used for Fall Protection and Fall Arrest, Part of the Fall Protection Code, as amended.

ANSI/ASSE Z359.1-2007 Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components, Part of the Fall Protection Code, as amended.

ANSI/ASSE Z359.2-2007 Minimum Requirements for a Comprehensive Managed Fall Protection Program, Part of the Fall Protection Code, as amended.

ANSI/ASSE Z359.3-2007 Safety Requirements for Positioning and Travel Restraint Systems, Part of the Fall Protection Code, as amended.

ANSI/ASSE Z359.4-2007 Safety Requirements for Assisted-Rescue and Self-Rescue Systems, Subsystems and Components, Part of the Fall Protection Code, as amended.

ANSI/ASSE Z359.6-2009 Specifications and Design Requirements for Active Fall Protection Systems, Part of the Fall Protection Code, Version 2, as amended.

ANSI/ASSE Z359.12-2009 Connecting Components for Personal Fall Arrest Systems, Part of the Fall Protection Code, Version 2, as amended.

ANSI/ASSE Z359.13-2009 Personal Energy Absorbers and Energy Absorbing Lanyards, Part of the Fall Protection Code, Version 2, as amended.

A written certification that identifies the workplace evaluated;

The name of the person certifying that the evaluation has been performed;

The date or dates of the hazard assessment; and

A document that is identified as a certification of hazard assessment.

Leg protection constructed with cut-resistant material, such as ballistic nylon that covers the full length of the thigh to the top of the boot on each leg, except when:

Head protection that meets the requirements of 29 CFR §1910.135; and

Eye protection that meets the requirements of 29 CFR §1910.133 for each affected employee.

An employer shall assure that the following fire prevention measures are followed:

An employer shall have the following procedures in place during fueling operations:

An employer shall have a job briefing at the start of each work shift with all employees involved in the operation in attendance.

The job briefing shall communicate the following:

An employer shall assure that at the job briefing the method of verbal and visual communication is established in compliance with §K of this regulation and is fully explained to all employees.

When exposed to vehicular traffic on a public road, an effective means for controlling hazards created by vehicular traffic shall be instituted on every job site where necessary, in accordance with the U.S. Department of Transportation Manual on Uniform Traffic Control Devices.

When exposed to vehicular traffic on a public road, each employee shall wear as a minimum a Class II reflective garment when the employee will be exposed to vehicular traffic.

At each work site, every effort shall be made to assure that there is communication with outside emergency facilities at all times such as, but not limited to, 911 call centers.

Hand signals or audible contact such as, but not limited to, whistles, horns, or radios shall be used whenever noise, distance, restricted visibility, or other factors prevent clear understanding of normal voice communication between employees.

Except in an emergency, one person shall be designated to give hand signals during crane operations.

Engine noise, such as from a chain saw, may not be used as a means of signaling.

Except where tree care is performed adjacent to electrical power generation, transmission, and distribution lines and equipment pursuant to 29 CFR §§1910.268 and 1910.269, a distance of 10 feet shall be maintained between an employee’s body and tools and an energized conductor.

If it is determined that the 10-foot distance cannot be maintained prior to commencing work, the employer:

General Requirements.

Arborist Saddles.

Climbing Lines.

Climbing Equipment.

General Requirements.

Brush Chippers.

Cranes and Related Hoisting Equipment.

Equipment-Mounted Winches.

Chain Saws.

Wedges, Chisels, and Gouges.

Chopping Tools.

Communication between employees aloft and on the ground shall be established before cutting and dropping limbs;

Scabbards or sheaths shall be used to carry handsaws when not in use;

Folding saws, when not in use, shall be closed and hooked to the arborist saddle;

A separate workline shall be attached to limbs that cannot be dropped safely or controlled by hand;

Arborist climbing lines and worklines may not be secured to the same crotch; and

Cut branches shall be removed from the canopy of the tree upon completion of work.

Employees on the ground may not enter under the drop zone of a tree when a cabling system is being installed, unless the employee aloft has established it is safe to do so.

Tools used for cabling, bark tracing, and cavity work shall be carried in a bag, on a belt designed to hold such tools, or attached to a tool lanyard.

Employees installing cabling systems in trees shall be positioned off to one side in order to avoid injury in case of cable system failure that could occur when a block and tackle or a hand winch is released.

Before beginning any tree removal operation, the employer shall carefully consider all relevant factors pertaining to the tree and site and shall take appropriate actions to assure a safe removal operation, including the following factors:

Employees not directly involved in the removal operation shall be beyond the area where the tree could fall and at a minimum distance of twice the tree’s height as practicable.

An escape route free from debris and other obstructions for employees shall be established before cutting any standing tree or trunk.

The following shall be implemented:

Loose clothing, climbing equipment, body belts, harnesses, lanyards, or gauntlet-type gloves may not be worn while operating chippers.

Brush and logs shall be fed into chippers, butt or cut end first, from the side of the feed table center line, and the employee shall immediately turn away from the feed table when brush is taken into the rotor or feed rollers.

Chippers shall be fed from the curbside whenever practical.

Foreign material, such as stones, nails, sweepings, and rakings, may not be fed into chippers.

Small branches shall be fed into chippers with longer branches or by being pushed with a long stick.

Hands or other parts of the body may not be placed into the infeed hopper.

Leaning into or pushing material into the infeed hopper with feet is prohibited;

The winch cable used in chipper operations shall be properly stored before initiating chipper operations.

Pesticides shall be used and applied in strict accordance with the Pesticide Applicator’s Law, Agriculture Article, §§5-201—5-211, Annotated Code of Maryland, and COMAR 15.05.01.01—15.05.01.20;

An adequate potable water source shall be provided at the work site for emergency personal decontamination; and

Water for decontamination and drinking shall be kept in separate containers.

As soon as possible, but not later than 6 months from the effective date of this chapter, for initial training for each current and new employee;

Prior to initial assignment for each new employee;

Whenever an employee is assigned new work tasks, tools, equipment, machines, or vehicles; and

Whenever an employee demonstrates unsafe job performance.

Safe performance of assigned work tasks;

Safe use, operation, and maintenance of tools, machines, and vehicles that an employee will be using or operating, including emphasis on understanding and following the manufacturer’s operating and maintenance instructions, warnings, and precautions;

Recognition of safety and health hazards associated with the employee’s specific work tasks, including the use of measures and work practices to prevent or control those hazards;

Recognition, prevention, and control of other safety and health hazards in tree care and tree removal;

Procedures, practices, and requirements of the employer’s work site; and

The requirements of this chapter.

Each current employee who has received training in the particular elements specified in §C of this regulation may not be required to be retrained in those elements.

Prior to initial assignment, an employer shall conduct an assessment of the elements in §C of this regulation for each new employee who has previously received training to determine if the employee is competent to safely perform the work tasks.

If an employer determines that an employee is not competent in certain elements of §C of this regulation, the employer shall retrain in those elements.

All employees shall be trained in basic first aid, including controlled bleeding and immobilization.

Each employee’s first-aid training shall remain current.

The employer shall verify that each employee has received and understands the required training through a written certification that contains the name of each employee trained and the date or dates of training and that identifies the subject of the certification.

The most recent training certification shall be maintained for as long as the employee is in the employment of the employer.