Original Notice.

     Preproposal statement of inquiry was filed as WSR 00-18-034.

     Title of Rule: Chapter 296-28 WAC, Clearance rules -- Railroads in private rail yards and plants and chapter 296-860 WAC, Railroad clearances and walkways in private rail yards and plants.

     Purpose: The railroad clearances rule is being rewritten and reorganized for clarity and ease of use for employers and employees. We are proposing to repeal the railroad clearances rule from chapter 296-28 WAC and proposing it as a new chapter 296-860 WAC. We are also adding requirements to this rule to make it at-least-as-effective-as that enforced by the Utilities [and] Transportation Commission, which is the federal agency regulating public railroads.

Repealed Sections:

WAC 296-28-001 Forward.

•	This section has been repealed because it is outdated and inaccurate.

WAC 296-28-005 Beginning of order.

•	The explanations in this section have been moved to a note in WAC 296-860-10030.
•	This section has been repealed.

WAC 296-28-010 Exemptions.

•	The requirements in this section have been moved to WAC 296-860-10005.
•	This section has been repealed.

WAC 296-28-015 Definitions.

•	The requirements in this section have been moved to WAC 296-860-10100.
•	This section has been repealed.

WAC 296-28-020 Overhead clearances.

•	The requirements in this section have been moved to WAC 296-860-10030.
•	This section has been repealed.

WAC 296-28-025 Side clearances.

•	The requirements in this section have been moved to WAC 296-860-10040.
•	This section has been repealed.

WAC 296-28-030 Track clearances.

•	The requirements in this section have been moved to WAC 296-860-10050.
•	This section has been repealed.

WAC 296-28-035 Marking of cars.

•	This section has been repealed because it is outdated and is no longer needed.

WAC 296-28-040 Operation of excess dimension loads.

•	The requirements in this section have been moved to WAC 296-860-10060.
•	This section has been repealed.

WAC 296-28-045 Narrow gauge railroads transporting freight cars.

•	The requirements in this section have been moved to WAC 296-860-10070.
•	This section has been repealed.

WAC 296-28-050 Illustrations.

•	The illustrations in this section have been placed in the appropriate corresponding sections.
•	This section has been repealed.

New Sections:

WAC 296-860-100 Introduction.

•	Written for clarity and ease of use by employers.

WAC 296-860-10005 Summary.

•	Clarifies responsibility of employers to prevent injuries by maintaining safe railroad clearances.
•	Added requirement of maintaining safe walkways.
•	Lists exemptions from WAC 296-28-010, 296-28-030.

WAC 296-860-10010 Post warning signs and give training to your employees when you have clearances that were approved before April 3, 1961.

•	Added requirement to increase employee safety.

WAC 296-860-10020 Construct and maintain rail yard walkways for employee safety.

•	Added requirement adapted from UTC rule.

WAC 296-860-10025 Install radiation detectors according to manufacturer's specifications.

•	Added requirement to eliminate the need for variances for the employers utilizing radiation detectors.

WAC 296-860-10030 Maintain overhead clearances.

•	Moved requirements relating to overhead clearances from WAC 296-28-020.

WAC 296-860-10040 Maintain side clearances.

•	Moved requirements relating to side clearances from WAC 296-28-025.

WAC 296-860-10050 Maintain clearances between tracks.

•	Moved requirements relating to clearances between tracks from WAC 296-28-030.

WAC 296-860-10060 Move excessive height and/or width rail car loads with care.

•	Moved requirements relating to oversize cars from WAC 296-28-040.

WAC 296-860-10070 Follow these requirements to conduct narrow gauge rail operations.

•	Moved requirements relating to narrow gauge rail operations from WAC 296-28-050.

WAC 296-860-10100 Definitions.

•	Definitions appropriate to this chapter.

     Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050.

     Statute Being Implemented: Chapter 49.17 RCW.

     Summary: See Purpose above.

     Reasons Supporting Proposal: See Purpose above.

     Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.

     Name of Proponent: Department of Labor and Industries, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

     Proposal Changes the Following Existing Rules: See Purpose above.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     A copy of the statement may be obtained by writing to Economic Analyst, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001, phone (360) 902-4216, fax (360) 902-4202.

     RCW 34.05.328 applies to this rule adoption. The department has determined that the proposed rules are "significant legislative rules" because they increase current requirements.

     Hearing Location: Department of Labor and Industries Building, Room 118, 7273 Linderson Way S.W., Tumwater, WA, on May 14, 2002, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Sally Elliott by May 7, 2002, at (360) 902-5484.

     Submit Written Comments to: Kimberly Rhoads, Project Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, by 5:00 p.m. on May 21, 2002. In addition to written comments, the department will accept comments submitted to fax (360) 902-5529 and via e-mail to rhok235@lni.wa.gov. Comments submitted by fax must be ten pages or less.

     Date of Intended Adoption: June 1, 2002.

March 20, 2002

Gary Moore

Director

OTS-5528.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 296-28-001	Foreword.
WAC 296-28-005	Beginning of order.
WAC 296-28-010	Exemptions.
WAC 296-28-015	Definitions.
WAC 296-28-020	Overhead clearances.
WAC 296-28-025	Side clearances.
WAC 296-28-030	Track clearances.
WAC 296-28-035	Marking of cars.
WAC 296-28-040	Operation of excess dimension loads.
WAC 296-28-045	Narrow gauge railroads transporting freight cars.
WAC 296-28-050	Illustrations.

OTS-5465.1

     IMPORTANT:

     This book applies to all railroad clearances and walkways in rail yards and plants including logging railroad yards such as mill yards, maintenance yards and sorting yards.

     If you are uncertain about which WISHA requirements to follow, you must comply with those that best protect your employees' safety and health. Contact your local L&I office if you need assistance in making this decision.

     Exemptions:

     • These exemptions to chapter 296-860 WAC, Railroad clearances and walkways in private rail yards and plants, do not require a department variance:

     – You may move the following equipment, using less than the minimum standard clearances, if the situation is unavoidable and you have taken all reasonable steps to protect your employees:

     &sqbul; Track construction or maintenance materials

     &sqbul; Special work equipment used for railroad construction, maintenance or operations

     &sqbul; Any railroad equipment during emergencies.

     – You may have overhead or side clearances less than the minimum standard clearances required in this chapter if they were legally created before April 3, 1961.

Note:

If a building, structure, or facility constructed before April 3, 1961, is relocated or reconstructed, the clearance requirements in this chapter apply unless the department grants a variance.

     – Tracks built before April 3, 1961:

     &sqbul; May be extended according to the legal track clearance requirements in effect when they were originally constructed

     &sqbul; Are exempt from the track clearance requirements in WAC 296-860-10050, Table 5.

     – Chapter 296-54 WAC, Safety standards--Logging operations, regulates all logging railroads or any rail operations related to logging, except for yard clearances.

     Other rules that may apply to your workplace

     The WISHA Safety & Health Core Rules book, chapter 296-800 WAC, contains the basic requirements that apply to employers in Washington. It also contains:

     • An introduction that lists important information you should know, including a section on building, fire and electrical codes

     • A resource section that includes a complete list of all WISHA rules

     Other WISHA rules may apply to you, depending upon the activities and operations of your workplace. Contact your local L&I office if you are uncertain about which WISHA requirements pertain to you.

     • To access the Safety & Health Core Rules book online: http://www.lni.wa.gov/wisha/corerules/default.htm

     • For a CD or paper copy contact us:

     Labor and Industries

     P.O. Box 44620

     Olympia, WA 98504-4620

     Telephone: 1-800-4be-safe (1-800-423-7233)

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     Your responsibility:

     To prevent injuries and fatalities to your employees by maintaining safe railroad clearances and walkways in your rail yards and plants.

     You must:

     Post warning signs and train employees about clearances approved before April 3, 1961

     WAC 296-860-10010

     Construct and maintain rail yard walkways for employee safety

     WAC 296-860-10020

     Install radiation detectors according to manufacturer's specifications

     WAC 296-860-10025

     Maintain overhead clearances

     WAC 296-860-10030

     Maintain side clearances

     WAC 296-860-10040

     Maintain clearances between tracks

     WAC 296-860-10050

     Move excessive height and/or width rail car loads with care

     WAC 296-860-10060

     Conduct narrow gauge rail operations according to the requirements of this section

     WAC 296-860-10070.

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     You must:

     (1) Post warning signs near tracks with clearances approved before April 3, 1961, so your employees are aware of the minimal clearances and their potential hazards. The signs must:

     – Be highly visible

     – Be easy to read

     – Alert your employees to the danger of railway equipment operating on your yard and plant tracks.

     (2) Include in your employee safety and health training information about:

     – Any minimal clearances and their location

     – Potential hazards associated with them

     – The location of any clearance warning signs.

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     Important:

     • You have two years from September 01, 2002, (the effective date of this rule), to comply with the construction requirements of this section, unless the department determines during an inspection that your walkways create a serious safety hazard.

     • If you are not sure a serious safety hazard exists in your workplace, you can request a free consultation from the department by calling your local L&I office.

     Construction of walkways

     You must:

     • Build walkways in rail yard areas where your employees regularly work on the ground.

     • Construct rail yard walkways that can be maintained in a safe condition:

     – With reasonably smooth walking surfaces

     – That will not interfere with track drainage.

     • Use any of the following materials when constructing your walkway:

     – Crushed material that does not exceed 1 1/2 inches in size. For this rule, "1 1/2 inches in size" means one of the following (percentages refer to weight measurement and sieve size standard in the industry):

Percentage of material passing through a sieve opening	Sieve opening size
100	1 1/2 inch square
90 - 100	1 inch square
40 - 80	3/4 inch square
15 - 60	1/2 inch square
0 - 30	3/8 inch square
0 - 10	#4
0 - 5	#8
0 - 0.5	#200

     Smaller crushed material is preferred and should be used where drainage and durability is not an issue. Crushed material that is 3/4 inch or less in size is recommended for switching leads in yards.

     • Asphalt, concrete, planking, grating, or other similar material.

     • Natural materials such as gravel or dirt.

     You must:

     • Construct walkways wide enough for employees to safely perform their duties

     • Construct walkways with a grade or slope in any direction with not more than one inch of elevation for each eight inches of horizontal length, unless it is geographically impractical.

     Maintenance of walkways

     You must:

     • Keep all walkways clear of vegetation, debris, mud, or other obstructions that create a potential hazard for your employees.

     • Remove all standing water from all walkways.

     • If a walkway was temporarily closed because of a construction project, it must be reopened within thirty days after the project is completed.

     You must:

     • Repair walkways that have been damaged and temporarily closed because of an emergency within thirty days after the emergency ends.

     Definition:

     Emergency: Any unforeseen occurrence endangering life, limb, or property.

     • Obtain a department variance before permanently removing any bridge or trestle walkway from use after September 1, 2002 (the effective date of this rule).

Note:

The requirements for filing a variance are located in chapter 296-350 WAC, WISHA administrative rules.

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     IMPORTANT.

     This section applies only to those private yards and plants where the installation of radiation detectors beside railroad tracks is required due to the nature of the business; for example, scrap metal yards.

     You must:

     • Install radiation detectors beside the railroad tracks in your yard and/or plant according to the manufacturer's specifications.

     • Post signs on each radiation detector installed less than eight feet six inches from the centerline of the track:

     – Warning employees that the side clearances between the detector and the track centerline are less than the required standard minimum side clearances found in this chapter

     – Prohibiting employees from riding on the side of any rail car passing through the detector.

[]

     Exemption:

     Engine houses and car shops are exempt from the overhead clearance requirements of this section.

     You must:

     • Make sure overhead railroad clearances are at least twenty-two feet six inches unless a clearance requirement found in Table 1 applies.

Note:	• Clearance requirements are based on the assumption that generally used rail equipment in private yards and plants is no more than ten feet ten inches wide by fifteen feet six inches high.
	• WAC 296-860-10060 regulates the use of any rail equipment that exceeds the above dimensions.
	• Minimum vertical clearances for all overhead wires are specified in Parts 1, 2, and 3 of the National Electrical Safety Code (NESC) as referenced in WAC 296-45-045, electrical workers safety rules, NESC applicable. See NESC 231 and 232.

Table 1 - Minimum Overhead Clearances for Buildings, Structures, Tunnels, and Bridges

Illustration 1 - Minimum Overhead Clearances for

Buildings, Structures, Tunnels, and Bridges

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     You must:

     • Make sure side clearances are at least eight feet six inches from the track centerline unless clearance requirements found in Tables 2, 3, or 4 apply.

Note:

All side clearances in Tables 2, 3, and 4 that reference "the track centerline" are based on the assumption that private rail operations generally use track that is standard gauge width (4 feet 8 1/2 inches).

Table 2 - Minimum Side Clearance for Platforms

Illustration 2 - Minimum Side Clearances for Platforms

Illustration 3 - Minimum Side Clearances for

Bridges, Tunnels and Related Structures

Illustration 3A - Minimum Side Clearances for Certain Structures in or on the

Lower Sections of Bridges and Tunnels

Note:	• The department must approve all minimum clearances for car pulling units and related structures.
	• The requirements for filing a variance are located in chapter 296-350 WAC, WISHA administrative rules.

If your side clearance requirement involves:	Then the minimum side clearance requirements from the track centerline are:
Type A
Engine house and car repair shop doors.	7 feet 6 inches
Type B
Interlocking mechanism, switch boxes, and other similar devices projecting no more than 4 feet above the top of the rail.	3 feet
Type C
Poles supporting trolley contact.	8 feet 3 inches
Type D
Signals and switch stands no more than 3 feet high and located between tracks where it is not possible to allow other clearances required in this chapter.	6 feet
Type E
Signals and switch stands other than those described in Type B and Type D.	8 feet
Type F
Material, merchandise, inventory, storage bins or equipment stacked or stored on ground or platforms adjacent to tracks.	8 feet 6 inches
	Note:
	This requirement does not apply to:
	•	Railroad maintenance operations
	•	Emergency situations
	•	Local conditions that make compliance impossible.
Type G Space adjacent to curved track.	Increased to equal tangent track clearances. As a general rule, side clearances on curved track should be increased 1-1/2" for each degree of curvature.

*Table 4 does not have an accompanying illustration.

[]

     You must:

     • Comply with the track clearance requirements in Table 5.

Table 5 - Minimum Standard Gauge Track Clearances

Note:

The following illustration will help you understand the track clearance requirements discussed in this section and WAC 296-860-10070 regulating narrow gauge rail operations.

STANDARD GAUGE TRACK CLEARANCES

[]

Note:

This section regulates rail cars whose dimensions exceed ten feet ten inches wide by fifteen feet six inches high.

     You must:

     • Make sure your yard supervisor is given advanced notice regarding the arrival of any excess height or width cars so they can safeguard any employees working in the yard.

     • Make sure no one is allowed to ride on the:

     – Roof of any excessive height car

     – Side of any excessive width car

     – Side of any car with a load extending more than five feet five inches from the car's centerline.

[]

     You must:

     • Base your clearance measurements upon your widest narrow gauge cars.

     • Make sure the distance between the cars and objects on narrow gauge track is equal to or greater than the distance required between ten foot ten inch wide cars and other cars or objects on standard gauge track.

     • Comply with all other applicable requirements in this chapter.

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     Car width - Twice the distance from the centerline of a railroad car to its extreme outside part.

     Common carrier - All railroads, railroad companies, street railroads, street railroad companies, corporations, partnerships, persons, cities or towns that own, operate, manage, or control any public use enterprise within Washington state that transports people or property for hire.

     Department - The Washington state department of labor and industries.

     Emergency - Any unforeseen occurrence that endangers life, limb, or property.

     Icing platforms - Structures used to ice, precool, heat, ventilate or service private railroad cars that handle commodities requiring these services.

     Over-crossing - Any point or place where a highway, road, or ramp carrying vehicular traffic crosses a private rail yard or track by passing above it.

     Overhead clearance - The perpendicular distance between the top of the highest rail and the lowest point of an overhead structure or obstruction.

     Private rail operation - A nonrailroad company operating railroad facilities, structures, tracks and equipment in the company's yard or plant. Chapter 296-860 WAC applies to:

     • Any equipment, facility or structure owned or operated by the company

     AND

     • The construction and reconstruction of tracks or structures adjacent to any facility or structure owned or operated by the company.

     Railroad - Every public use railroad, other than street railroads, operated to transport people or property for hire. This definition also includes all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, and terminal facilities of every kind that are used, operated, controlled, or owned by or in connection with any such public use railroad.

     Side clearance - The shortest distance between the centerline of a track and a structure or other track side obstructions such as downspouts, ladders, equipment, piles of material or inventory, etc.

     Track clearance - The shortest distance between the centerlines of adjacent railroad tracks.

     Walkways - Pathways located alongside or in the vicinity of a railroad track, or on a trestle or bridge, providing space so a private railroad employee can perform duties associated with the track, trestle, or bridge.

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