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The Tree Nerd DispatchJuly 13, 2026

OSHA wants to narrow the clause it used to cite you

A quiet OSHA proposal could reshape how tree work gets cited, Ventura's $15,000-per-tree fines, and four hurt at Six Flags.

Most of the movement this week was on paper. OSHA published its 2026 regulatory plan on July 3, and buried next to the tree care standard everyone's watching is a second proposal that changes how inspectors can cite you when there's no specific rule. That's the story worth your coffee. A tree also came down on four people at a Georgia theme park, and Lowe's pulled half a million Kobalt tools over battery fires.

The big one

OSHA's 2026 Regulatory Plan and Unified Agenda, published July 3, does two things arborists should read together. The first is old news by now: an item labeled "Tree Care Standard," with a proposal scheduled for October 2026. The second got less attention. OSHA is proposing to limit General Duty Clause enforcement for "known hazards that are inherent and integral to the essential function of a professional or performance-based occupation," with public hearings set for August 19 (Ogletree Deakins).

Here's why that pairing matters. For decades OSHA has cited tree companies under the General Duty Clause, the catch-all that lets inspectors act when no specific standard covers the hazard. No tree care standard existed, so the General Duty Clause is how OSHA held crews to Z133 and hammered outfits after an electrocution or a struck-by death. Narrow it to exclude hazards that are "inherent and integral" to the job, and aerial tree work is the textbook example of inherent risk.

The timing is the problem. If OSHA weakens its main enforcement tool before the tree care standard is final, there's a gap. Fewer citations sounds good until it means a company that skipped basic gaps in electrical clearance walks because falling and getting shocked are "integral" to climbing. The August 19 hearing is where this gets argued. If you have an opinion on how OSHA cites tree work, that's the date.

The canopy

Ventura's habitat ordinance carries $15,000-per-tree fines

Ventura, California, passed an emergency ordinance back on February 10 that bans removal and trimming of trees inside identified protected wildlife habitats, effective immediately. You need a permit to touch a tree in those zones. Unpermitted removal runs up to $15,000 per tree, trimming up to $5,000 per tree, plus replacement (City of Ventura). The catch for contractors is knowing where the lines are. The city points to US Fish and Wildlife critical habitat maps and the Ventura 2050 plan. Check the map before you quote the job, not after.

St. Paul wants a certified arborist on construction jobs

St. Paul, Minnesota, is running a council hearing on a tree preservation ordinance that would require a certified arborist to survey trees, write preservation plans, and monitor compliance on municipal construction projects. Removed boulevard trees get one-to-one replacement, planted nearby if not on-site. Full rollout starts with the 2027 construction season (Pioneer Press). If it passes, that's steady consulting work for anyone holding the credential in the Twin Cities.

Oncor's crews caught heat in McKinney

Homeowners in McKinney, Texas, went to NBC 5 after Oncor line-clearance crews pruned and removed trees around power lines on July 9 with little advance notice. Residents said they were surprised by how much came down (NBC 5 DFW). No violation, just the usual friction. The lesson for anyone doing utility work is old and free: a door hanger and a conversation before the saw runs saves you the evening news.

UAA merges its Midwest meeting with a safety summit

The Utility Arborist Association is running a combined Midwest Regional Meeting and Safety Summit July 22 and 23 in Dayton, Ohio, pitched as "one trip, twice the value" (UAA). Broader Trees & Utilities programming is coming this fall.

Safety report

Four people were hurt Sunday, July 5, when a tree fell during a severe thunderstorm at Six Flags Over Georgia and struck park guests. Park officials said the tree came crashing down on guests. No fatalities were reported, and initial coverage did not name injuries or any investigation (WTAP).

Separately, the Consumer Product Safety Commission recalled more than 500,000 Kobalt-branded yard tools sold at Lowe's over a lithium-ion battery fire hazard. The batteries can short-circuit while charging in the tool, and dozens of reports of batteries catching fire or smoking prompted the recall (WSAW). Stop using the affected tools and contact the manufacturer. If you keep a Kobalt battery on the truck, check the recall list before you charge it in the cab.

Pest and disease watch

Spotted lanternfly quarantines keep widening. Maryland's agriculture secretary put all 23 counties and Baltimore City under a quarantine order, and Extension is telling residents to check vehicles and gear when moving between quarantine zones across seven states (University of Maryland Extension). Ohio, already under a statewide quarantine, logged its first sighting in Marion County on July 1 (Akron Beacon Journal). Pennsylvania now has 56 of 67 counties under quarantine (PennLive). If you haul chips or logs across county lines in the mid-Atlantic, the compliance-agreement rules apply to you, not just nurseries.

In northern California, the Hoopa Valley Tribe declared a state of emergency after sudden oak death turned up in May on tanoak downslope of Dowd Road between Hoopa and Weitchpec. Hoopa Forestry is sampling to map the extent and building a treatment plan, with early results suggesting it's still localized (Lost Coast Outpost). Emerald ash borer also picked up new ground this week: Young County, Texas, a second Cass County, North Dakota site 12 miles from the first, and Multnomah County, Oregon.

Species spotlight

Water oak (Quercus nigra) is a fast, semi-evergreen Southern red oak you'll find in yards and along streets across the coastal plain from New Jersey to Florida and Texas. It grows quick and tolerates wet feet and clay, which is why it got planted everywhere. It also dies young and comes apart as it ages.

The wood is moderately heavy for a red oak, around 0.56 specific gravity, but it decays fast once the tree is stressed. Water oak is notorious for internal rot and limb shedding, so mature ones show up in your book as risk assessments and removals more than anything else. Sound every major union before you climb or rig it. Prune in the dormant season and skip spring wounds where oak wilt is around.

One for the lunch break

High winds early on July 9 took down the Kansas state champion sugarberry in Topeka's Gage Park. The tree stood about 66 feet near SW Zoo Parkway and had held the state champion title since 2016. Shawnee County Parks and Recreation posted the loss to Facebook after a line of strong storms rolled through (Topeka Capital-Journal). Same week, a wildfire in Castle Valley, Utah, killed one of the largest cottonwoods the state ever recorded (Salt Lake Tribune). Two champion trees gone in one week, wind and fire. Nobody's title lasts forever.

Stay safe out there,

The TreeNerd crew

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