[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR788.11]

[Page 703-704]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 788_FORESTRY OR LOGGING OPERATIONS IN WHICH NOT MORE THAN EIGHT 
EMPLOYEES ARE EMPLOYED--Table of Contents
 
Sec. 788.11  ``Transporting [such] products to the mill, processing plant, 
railroad, or other transportation terminal.''

    The transportation or movement of logs or other forestry products to 
a ``mill processing plant, railroad, or other transportation terminal'' 
is among the described operations. Loading and unloading, when performed 
by employees employed in the named operations, are included as exempt 
operations. Loading logs or other forestry

[[Page 704]]

products onto railroad cars or other transportation facilities for 
further shipment if performed as part of the exempt transportation will 
be considered a step in the exempt transportation (Woods Lumber Co. v. 
Tobin, 199 F. 2d 455 (C.A.5)). However, any other loading, 
transportation, or other activities performed in connection with the 
logs or other forestry products after they have been unloaded at one of 
the described destinations is not exempt. ``Other transportation 
terminal'' refers to any place where there are established facilities or 
equipment for the shipment or transportation of logs or other forestry 
products. Motor carrier yards, docks, wharves, or similar facilities are 
examples of other transportation terminals, but the place where logs are 
picked up by contract motor carriers or haulers at the site of the woods 
operations for transportation to the mill, processing plant, or railroad 
is not such a terminal.