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OSHA and tree care: the rulemaking, the 2021 inspection guidance and the general rules OSHA applies

OSHA has no tree care standard. This page reports the rulemaking record from OSHA, reginfo.gov and the Federal Register, the June 2021 inspection memo, the General Duty Clause and the On-Site Consultation service.

Checked against the sources at the bottom of this page on October 8, 2026. Rules, fees and pay change: the source has the last word.

This page reports what the official source says. It is not legal advice: ask the office named here. The sources are osha.gov, reginfo.gov and federalregister.gov, read on October 8, 2026. They show that OSHA has no standard written for tree care operations, that rulemaking has been recorded since 2008, and that inspections run on general standards in the meantime.

What applies in the absence of a standard

OSHA's own regulatory agenda abstract says there is no OSHA standard for tree care operations and that the agency applies a patchwork of standards to address the hazards. In practice the general industry rules in 29 CFR 1910 and the General Duty Clause are what OSHA points to. OSHA's tree care standards page also says State Plans may have different or stricter requirements. The comparison with other countries is in the guide on safety rules by country, and the protective equipment side is in protective equipment standards by country.

The rulemaking record

On its own rulemaking page, OSHA describes a new standard in 29 CFR Part 1910 titled "Tree Care Operations". It says a rule would address fall protection, falling object protection, traffic control and safe tools and equipment. The steps it lists are below.

DateStepSource
September 2008Advance notice of proposed rulemaking. OSHA's page gives September 15, 2008. The Federal Register notice, 73 FR 54118 under RIN 1218-AC40, shows publication on September 18, 2008 with comments closing December 17, 2008.See the Federal Register notice
July 13, 2016Stakeholder meeting. The Federal Register notice of the meeting, 81 FR 38117, was published June 13, 2016.See the Federal Register notice
January 10 to May 22, 2020Small business review panel under SBREFA. The reginfo.gov timetable shows the step starting on January 10, 2020 and completing on May 22, 2020. OSHA's page lists teleconferences in April and May 2020 and says the next step is a proposed rule. The final panel report is in docket OSHA-2008-0012-0112.See the OSHA rulemaking page and the reginfo.gov timetable

The agenda entry carries a different number, RIN 1218-AD04, titled "Tree Care Standard" and listed at the Proposed Rule Stage. It records no legal deadline and cites 29 USC 655 as the legal authority.

Target dates for the proposed rule

The Unified Agenda is the government's twice-yearly list of planned rules. Each edition prints a target month for the next step, the notice of proposed rulemaking. The target has moved with almost every edition, as these reginfo.gov entries show.

Agenda editionProposed rule targetSource
Fall 202205/00/2023See the reginfo.gov entry
Spring 202312/00/2023See the reginfo.gov entry
Fall 202301/00/2024See the reginfo.gov entry
Spring 202412/00/2024See the reginfo.gov entry
Fall 202404/00/2025See the reginfo.gov entry
Spring 202504/00/2026See the reginfo.gov entry
Labelled 2026 (code 202510)10/00/2026See the reginfo.gov entry

A target on the agenda is a plan, not a commitment, and the entries read here show no published proposed rule.

The June 2021 inspection memo

In its published inspection guidance memo, dated June 24, 2021 in its text, OSHA says it cancelled its August 21, 2008 directive CPL 02-01-045 on citation guidance for tree care. The memo says citations may be issued under the general industry standards in 29 CFR 1910, and under Section 5(a)(1), the General Duty Clause, where appropriate, with inspectors referred to Chapter 4.III of the Field Operations Manual.

The memo lists parts of 29 CFR 1910 for inspectors to assess, including Subpart D, Subpart I (1910.132 and 1910.140), 1910.67, Subpart S, 1910.269, 1910.268, 1910.106, 1910.95, Subpart N (1910.180), Subpart P, Subpart O, 1910.151 and 1910.157. Under the General Duty Clause it points inspectors to ANSI B175.1-2012 and ANSI Z133-2017 for tools, to ISO 3471:2008 and ISO 3449:2005 for roll-over and falling-object protective structures, and to traffic safety. It also says that reliance on ANSI Z133 is not a defence to the crane "riding the hook" violation. The memo names ANSI Z133-2017, and the newer edition is covered in the ANSI Z133-2026 guide.

The General Duty Clause

Section 5 of the OSH Act, on osha.gov, says each employer shall furnish employment and a place of employment "free from recognized hazards that are causing or are likely to cause death or serious physical harm". That sentence is the General Duty Clause the memo refers to, and it is the basis for citations where no specific standard fits.

On-Site Consultation

OSHA describes On-Site Consultation as voluntary: an employer asks a state consultation program for a visit. OSHA says the service is primarily for smaller businesses, no-cost and confidential, and separate from enforcement. Consultants do not issue citations or propose penalties and do not report violations to enforcement staff. The getting started page adds that serious hazards found must be corrected, or the case is referred to enforcement. OSHA marked 50 years of the program in 2025. OSHA's tree care resources page lists On-Site Consultation, the Voluntary Protection Programs and partnerships for tree care employers.

Sources