Chair of the Board

Thomas J. Golon
Wonderland Tree Care, Inc.
Oyster Bay, New York
516.922.5348
May 10, 2006
tgolonwtc@wonderlandtreecare.com

Vice Chair The Honorable Edwin G. Foulke, Jr.

Jeanne Houser Assistant Secretary of Labor for Occupational Safety and Health
McFarland Landscape Services, Inc.
Philadelphia, Pennsylvania Occupational Safety and Health Administration
215.438.3970 U.S. Department of Labor
mcfarland@onrampcom.com
200 Constitution Avenue, NW
Senior Director
Scott Packard
Washington, D.C. 20210
Wright Tree Service
Des Moines, Iowa
515.277.6291 Dear Assistant Secretary Foulke:
spackard@wrighttree.com

Directors I write on behalf of the Tree Care Industry Association requesting that the
Tom Tolkacz Occupational Safety and Health Administration promulgate a safety standard specific
Swingle Tree Company
Denver, Colorado to tree care work.
303.337.6200
ttolkacz@swingletree.com
Unfortunately, tree care work is by its very nature one of the most hazardous
Randy J. Owen
Owen Tree Service, Inc. occupations. Yet, currently, OSHA guidance and enforcement for the tree care
Attica, Michigan industry is based on a patchwork of outdated and extraneous regulations. The most
rowen@owentree.com
810.724.6651 contemporary standard applicable to our industry, 29 CFR §1910.269, is now 12
Terrill Collier
years old and only governs tree care work performed proximate to power lines. Other
Collier Arbor Care standards, such as the Logging Standard, 29 CFR §1910.266, that were created
Clackamas, Oregon
503.722.7267
without input from our industry have been inappropriately applied to tree care
terrill@collierarbor.com operations, creating confusion for employers and employees and disrupting effective
Tony Gann safety efforts.
Altec Industries, Inc.
Birmingham, Alabama
816.901.4763 In the resulting confusion, OSHA inspectors and unsophisticated employers run the
tony.gann@altec.com risk of overlooking serious work site hazards that these other standards do not cover
Erich Schneider or relying on poorly fitting standards that impose inappropriate safety measures,
Schneider Tree Care
Taylors, South Carolina
which could expose tree care workers to greater hazard. In short, the status quo is
864.244.3088 administratively inefficient and ineffective for OSHA and dangerous for arborists,
erich@schneidertree.com
who often are confused as to which standard applies. It wastes OSHA’s resources and
Ron Keith leaves tree care workers and employers without clear federal guidance on the specific
Shawnee Mission Tree Service
Shawnee, Kansas safety measures needed to mitigate the unique risks in our industry.
913.441.8888
treeman@smtree.com
OSHA’s Strategic Management Plan for fiscal 2003-08 lists tree care among seven
Benjamin G. Tresselt, III
Arborist Enterprises, Inc.
industries targeted for significant reductions in illnesses and injuries. This task will
Lancaster, Pennsylvania be far more difficult without a standard to follow or enforce. We are trying to do our
717.393.7602
bentresselt3@comcast.net part and minimize the risk to our workers through voluntary regulation and
credentialing, which has created stronger means of internal monitoring for safety. But
President & CEO
Cynthia Mills, CAE we also need help from OSHA.
Tree Care Industry Association
Manchester, New Hampshire
603.314.5380 x 121
mills@treecareindustry.org

Tree Care Industry Association : Since 1938

3 Perimeter Road, Unit 1 : Manchester, NH 03103 : Phone: 1.800.733.2622 : (603) 314.5380 : Fax: (603) 314.5386 : www.treecareindustry.org
 - OSHA Petition for Arboriculture Standard Promulgation -

To improve safety and reduce injuries and fatalities, we request that OSHA promulgate a clear,
industry-specific regulation based on the existing consensus tree care safety standard that covers all
arbor occupations: ANSI Z133.1. Developed through a consensus process by an accredited standards
committee representing employers and employees, organized labor, equipment manufacturers,
academia, etc., the Z133 Standard captures the collective wisdom and experience of the entire
profession, translating that body of knowledge into standards of safe practice.

With a consensus standard in existence to serve as a template, we respectfully request that the tree care
industry be recognized as an industry with safety needs of its own. We are not landscapers. We are not
loggers. We perform our work differently but professionally. ANSI Z133.1, the industry’s consensus
standard, could provide us with a solid foundation for new regulation.

Please consider this a formal petition for rulemaking under 29 C.F.R. Part 1911.3. Enclosed is a copy of
the ANSI Z133.1. I look forward to working with you and please contact me with any questions or
concerns.

Sincerely,

Cynthia Mills, CAE

President & CEO
Tree Care Industry Association

Enclosure: ANSI Z133.1 – 2000

cc:
Sen. Michael B. Enzi, Chairman, Committee on Health, Education, Labor, & Pensions
Sen. Edward M. Kennedy, Ranking Member, Committee on Health, Education, Labor, & Pensions
Sen. Johnny Isakson, Chairman, Subcommittee on Employment and Workplace Safety
Sen. Patty Murray, Ranking Member, Subcommittee on Employment and Workplace Safety
Rep. Howard P. McKeon, Chairman, Committee on Education and the Workforce
Rep. George Miller, Ranking Member, Committee on Education and the Workforce
Rep. Charles W. Norwood, Chairman, Subcommittee on Workforce Protections
Rep. Major R. Owens, Ranking Member, Subcommittee on Workforce Protections
Bruce E. Lundegren, Assistant Chief Counsel, U.S. Small Business Administration
Jim Tomaseski, Director, IBEW Safety and Health Department

Tree Care Industry Association : Since 1938

3 Perimeter Road, Unit 1 : Manchester, NH 03103 : Phone: 1.800.733.2622 : (603) 314.5380 : Fax: (603) 314.5386 : www.treecareindustry.org