Logging Administrative Regulations

The Kentucky Division of Forestry is in the process of releasing the proposed regulations to enact legislation passed earlier this year and make some changes to the Master Logger Training Program. The regulations spell out the details of how to get a temporary master logger card, removal from the bad actor list and changes in the cost and content of the three-day master logger training. Listed below is a summary of the primary changes that are to be proposed by the regulations.

Designation as a Temporary Master Logger

A person must: Submit an application for Temporary Kentucky Master Logger designation and pay a $50 fee plus complete an application for a 3-day Kentucky Master Logger training program (or approved equivalent reciprocal program) within the next four months and pay the applicable fee; to receive a Temporary Kentucky Master Logger designation.

The applicant shall be considered a Temporary Kentucky Master Logger upon issuance of the Temporary Kentucky Master Logger designation card by the division and may then begin serving as the master logger on-site and in charge of timber harvesting operations.

The Temporary Kentucky Master Logger designation shall expire four months from the date of issuance and no Temporary Kentucky Master Logger renewal shall be issued.

A person may apply and receive only one Temporary Kentucky Master Logger designation in their lifetime.

The logger or owner/operator of a timber harvesting operations who uses a Temporary Kentucky Master Logger shall notify the appropriate local Division of Forestry district office of each operation on which the temporary master logger is on-site and in charge prior to the beginning of the harvest. Notification can be made by facsimile, email, telephone, letter, or in person.

          Failure to notify of harvest site before harvest activity begins will result in revocation of the Temporary Kentucky Master Logger.

A logger or operator may not begin harvesting then seek a temporary master logger designation. If an inspection finds a logger or owner/operator operating a harvest without a Kentucky Master Logger or Temporary Kentucky Master Logger, Temporary Kentucky Master Logger is not an option.

Removal or Termination of Bad Actor Designation

Loggers or operators designated as bad actors who have demonstrated adherence to implementing best management practices (complied with the terms of the Secretary's Order or Agreed Order), have paid all fines imposed by the cabinet or court, and have completed corrective actions on sites with violations have the opportunity to have their bad actor designation removed or terminated by agreeing in writing to and complying with the following:

a) The terms of the Secretary's Order, Agreed Order, or court order; and

b) Notification to the appropriate Division of Forestry district office or offices of all timber harvesting operations that he/she is the primary contractor for a two-year period following the receipt of the written agreement.

If the logger or operator is issued a Notice of Violation or is actively involved with any site that is issued a Notice of Violation, or fails to disclose the location of his/her logging operation within the two-year period, the agreement shall be terminated and the bad actor designation shall be reinstated.

If the bad actor successfully completes the review process and is again designated a bad actor, he/she may try a second time to have the designation removed. If he/she receives another bad actor designation during or after the second review, he/she will forfeit his/her privilege for review and will remain permanently designated a bad actor.

Master Logger Training Changes

The Master Logger three-day training program will be kept as a three day program with the First Aid and CPR removed from the program and replaced by additional BMP training. The First Aid and CPR will still be offered by the Master Logger Program to help loggers maintain OSHA requirements for first aid and CPR but will not be part of the three-day program.

The fee for the three-day master logger program will be increased from $50 to $85 to help offset the cost of training.

The regulations will be released in December and a public comment meeting will be available on request in late January. KFIA will post the full regulations to the website in the members only section when they become available in mid-December. We encourage members who do not agree with any of the changes to contact the KFIA office and we will see that your comments are provided to the appropriate people. Once all comments are taken into consideration the regulations will go before the legislature for approval, so a number of opportunities are available to make any changes that members feel are appropriate.

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