OSHA’s Tree Care Operations SBREFA Panel Report Open for Public Comment Until June 5th

On May 22, 2020, the final report of the Small Business Advocacy Review panel (commonly known as a SBREFA panel) on the Occupational Safety and Health Administration’s (OSHA’s) possible Tree Care Operations rule was transmitted to Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health, Loren Sweatt.  The Tree Care Operations panel was convened in accordance with Section 609(b) of the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act.  OSHA’s potential tree care operations standard could cover employees who perform tree care operations, such as pruning, maintaining, repairing, or removing trees, and would establish safe work practices for such operations.  Potentially regulated entities include employers who engage in daily tree care operations, as well as companies, municipalities, and organizations that occasionally perform tree care and removal as a secondary part of their primary operations (e.g., residential and commercial construction and remodeling, landscaping, golf course maintenance, utility line clearing, campgrounds and resorts, property management and maintenance, certain agricultural operations, etc.).  The panel included representatives from OSHA, the SBA Office of Advocacy, and the Office of Information and Regulatory Affairs within the Office of Management and Budget, and was assisted in its review by small entity representatives (SERs) from potentially impacted employers who reviewed the background materials and provided their advice and recommendations to the panel.  The final Tree Care Operations panel report and all background materials are open for public comment to OSHA until June 5, 2020 at www.regulations.gov.

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