Title of Rule: Chapter 296-155 WAC, Part E, Signs, signals and barricades.

     Purpose: The Federal Register, Volume 67, No. 177, September 12, 2002, adopted an OSHA final rule to amend 29 C.F.R. 1926, Safety Standards for Signs, Signals and Barricades. It provides for an updated reference to the industry standard guide, the Manual on Uniform Traffic Control Devices. As a result of this amended federal rule, the department is amending its rules to be identical to or at-least-as-effective-as OSHA rules as required by the OSHA/WISHA state plan agreement.

     Other Identifying Information: The following is a summary of the federal-initiated amendments being proposed:

AMENDED SECTIONS

     WAC 296-155-300.

•     References to the Manual on Uniform Traffic Control Devices updated.

•     Note giving information on ordering the MUTCD put in this section.

     WAC 296-155-305 (1)(a).

•     References to the Manual on Uniform Traffic Control Devices updated.

     WAC 296-155-310.

•     References to the Manual on Uniform Traffic Control Devices updated.

     WAC 296-155-315 Definitions.

•     In the definition for "signals," the word "flagger" is being changed to "flaggers."

     Statutory Authority for Adoption: Chapter 49.17 RCW, 49.[17.]010, 49.[17.]040, 49.[17.]050.

     Statute Being Implemented: Chapter 49.17 RCW.

     Summary: The Federal Register, Volume 67, No. 177, September 12, 2002, adopted an OSHA final rule to amend 29 C.F.R. 1926, Safety Standards for Signs, Signals and Barricades. It provides for an updated reference to the industry standard guide, the Manual on Uniform Traffic Control Devices.

     As a result of this amended federal rule, the department is amending its rules to be identical to or at-least-as-effective-as OSHA rules as required by the OSHA/WISHA state plan agreement.

     Reasons Supporting Proposal: To remain as effective as OSHA.

     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 necessary because of federal law, Federal Register Vol. 67, No. 177, September 12, 2002.

     Explanation of Rule, its Purpose, and Anticipated Effects: The Federal Register, Volume 67, No. 177, September 12, 2002, adopted an OSHA final rule to amend 29 C.F.R. 1926, Safety Standards for Signs, Signals and Barricades. It provides for an updated reference to the industry standard guide, the Manual on Uniform Traffic Control Devices.

     As a result of this amended federal rule, the department is amending its rules to be identical to or at-least-as-effective-as OSHA rules as required by the OSHA/WISHA state plan agreement.

     Proposal does not change existing rules.

November 19, 2002

Gary Moore

Director

OTS-6051.1

AMENDATORY SECTION(Amending Order 93-04, filed 9/22/93, effective 11/1/93)

WAC 296-155-300   Accident prevention signs and tags.   (1) General. Signs and symbols required by this section shall be visible at all times when work is being performed, and shall be removed or covered promptly when the hazards no longer exist.

     (2) Danger signs.

     (a) Danger signs (see Figure E-1) shall be used only where an immediate hazard exists.

     (b) Danger signs shall have red as the predominating color for the upper panel; black outline on the boarders; and a white lower panel for additional sign wording.

     (3) Caution signs.

     (a) Caution signs (see Figure E-2) shall be used only to warn against potential hazards or to caution against unsafe practices.

     (b) Caution signs shall have yellow as the predominating color; black upper panel and borders; yellow lettering of "caution" on the black panel; and the lower yellow panel for additional sign wording. Black lettering shall be used for additional wording.

Place illustration here.

Place illustration here.

     (a) Every exit sign shall have the word "exit" in plainly legible letters not less than 6 inches high, with the principal strokes of letters not less than three-fourths-inch wide.

     (b) Every exit sign shall be distinctive in color and shall provide contrast with decorations, interior finish, or other signs.

     (5) Safety instruction signs. Safety instruction signs, when used, shall be white with green upper panel with white letters to convey the principal message. Any additional wording on the sign shall be black letters on the white background.

     (6) Directional signs. Directional signs, other than automotive traffic signs specified in subsection (7) of this section, shall be white with a black panel and a white directional symbol. Any additional wording on the sign shall be black letters on the white background.

     (7) Traffic signs.

     (a) Construction areas shall be posted with legible traffic signs at points of hazard.

     (b) All traffic control signs or devices used for protection of construction workers shall conform to and be set up according to ((American National Standards Institute D6.1-1988,)) Part VI of the Manual on Uniform Traffic Control Devices ((for Streets and Highways)) (MUTCD), 1988 Edition, Revision 4, 1995, as amended by the Washington state department of transportation (M24-((OT (HT)))01) or the Millennium Edition, December 2000, FHWA.

Note:	• You may purchase copies of the MUTCD by writing:
	U.S. Government Printing Office
	Superintendent of Documents
	Mail Stop: SSOP
	Washington D.C. 20402-9328
	• You may read a copy of the MUTCD at any department of labor and industries (L&I) service location.

     (8) Accident prevention tags.

     (a) Accident prevention tags shall be used as a temporary means of warning employees of an existing hazard, such as defective tools, equipment, etc. They shall not be used in place of, or as a substitute for, accident prevention signs.

     (b) Specifications for accident prevention tags similar to those in Table E-1 shall apply.

     (i) Additional rules. American National Standards Institute (ANSI) Z35.1-1972, Specifications for Accident Prevention signs, and Z35.2-1968, Specifications for Accident Prevention Tags, contain rules which are additional to the rules prescribed in this section. The employer shall comply with ANSI Z35.1-1972 and Z35.2-1968 with respect to rules not specifically prescribed in this part.

Place illustration here.

[Statutory Authority: Chapter 49.17 RCW. 93-19-142 (Order 93-04), § 296-155-300, filed 9/22/93, effective 11/1/93; 93-01-067 (Order 92-15), § 296-155-300, filed 12/11/92, effective 1/15/93. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-300, filed 1/21/86; Order 74-26, § 296-155-300, filed 5/7/74, effective 6/6/74.]

     (b) Job site workers with specific traffic control responsibilities must be trained in traffic control techniques, device usage, and placement.

Note:

     • You may purchase copies of the MUTCD by writing:

     U.S. Government Printing Office

     Superintendent of Documents

     Mail Stop: SSOP,

     Washington D.C. 20402-9328

     • You may read a copy of the MUTCD at any department of labor and industries (L&I) service location.

     (2)(a) Flaggers or other appropriate traffic controls must be used when signs, signals, and barricades do not provide necessary protection from traffic at operations on or adjacent to a highway or street.

     (b) Flaggers are to be used only when other reasonable traffic control methods will not adequately control traffic in the work zone.

     (3) Flagger signaling directions must conform to the guidelines and recommendations of MUTCD, 1988 Edition-Revision 4, Part VI, 1995 ((Edition-Revision 4, Part VI)), as amended by the Washington state department of transportation (WSDOT) pamphlet, "Washington State Modifications to the MUTCD." (M 24-01)

     (4)(a) Flagger hand signaling must be by sign paddles or lights approved by WSDOT. During emergency situations, red flags may be used to draw a driver's attention to particularly hazardous conditions. In nonemergency situations, a red flag may be held in a flagger's free hand to supplement the use of a sign paddle or lights.

     (b) When sign paddles are used, they must comply with the requirements of MUTCD, ((1995)) 1988 Edition-Revision 4, Part VI, 1995. Specifically, sign paddles:

     • Must be at least 18 inches in diameter;

     • Printed with letters at least 6 inches high;

     • The "STOP" side of the paddle must have a red background with white lettering; and

     • The "SLOW" side of the paddle must have an orange background with black lettering.

     (c) When hand signaling is used during periods of darkness, sign paddles must be retroreflective or illuminated in the same manner as signs.

     (5)(a) While flagging during daylight hours, a flagger must, at a minimum, wear:

     • A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel. Specifically, a garment containing at least 775 square inches of background material and 201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the flagger. The acceptable high visibility colors are fluorescent yellow-green, fluorescent orange-red or fluorescent red; and

     • A high visibility hard hat. The acceptable high visibility colors are white, yellow, yellow-green, orange or red.

     • When snow or fog limit visibility, a flagger must wear pants of any high visibility color other than white.

     (b) While flagging during hours of darkness, a flagger must at least wear:

     • A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999 over white coveralls, or other coveralls or trousers that have retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 standards; and

     • A high visibility hard hat that is marked with at least 12 square inches of retroreflective material applied to provide 360 degrees of visibility.

     • For the purpose of this rule, "hours of darkness" means one-half hour before sunset and one-half hour after sunrise.

     • When snow or fog limit visibility, pants, coveralls, or rain gear in a highly visible color with retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 must be worn.

Note:

High visibility safety garments made of mesh material may be worn by flaggers if they meet the chromaticity requirements of ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel.

Note:

     • You may purchase copies of ANSI/ISEA 107-1999 by writing:

     American National Standards Institute

     11 West 42nd Street

     New York, NY 10036

     or

     Contacting the ANSI web site at:

     http://web.ansi.org/

     • You may read a copy of ANSI/ISEA 107-1999 at any Washington state library.

     (6)(a) Each flagger must be trained every three years.

     (b) Flagger training must be based upon the Manual on Uniform Traffic Control Devices-((1995)) 1985 Edition-Revision 4, Part VI, 1995 as amended by the Washington state department of transportation pamphlet, "Washington State Modifications to the MUTCD." (M 24-01)

     (c) Personnel that have not completed a flagger-training course may be assigned duties as flaggers only during emergencies when a sudden, generally unexpected, set of circumstances demands immediate attention. Such emergency assignments are temporary and last only until a certified flagger can be put into the position. For the purpose of this rule, "emergency" means an unforeseen occurrence endangering life, limb, or property.

     (7)(a) Each flagger must have in their possession either a valid Washington traffic control flagger card or a valid flagger card from a state, such as Oregon, Idaho or Montana, having flagger training reciprocity with Washington.

     (b) The flagger card must show the following:

     • Verification that the flagger training prescribed in subsection (6) of this section is completed;

     • Date the flagger received their flagger training;

     • Name of the instructor providing the flagger training;

     • Name of the state that issued the flagger card;

     • The card's expiration date; and

     • Flagger's picture or a statement that says "valid with photo ID."

     (8) When it is not possible to position work zone flaggers so they are not exposed to traffic or equipment approaching them from behind, the employer, responsible contractor and/or project owner must develop and use a method to ensure that flaggers have adequate warning of such traffic and equipment approaching from behind the flagger.

     Note: The following are some nonmandatory examples of methods that may be used to adequately warn flaggers:

     • Mount a mirror on the flagger's hard hat.

     • Use a motion detector with an audible warning.

     • Use a spotter.

     • Use "jersey" barriers.

     The department recognizes the importance of adequately trained flaggers and supports industry efforts to improve the quality of flagger training. However, training alone is not sufficient to comply with the statutory requirement of revising flagger safety standards to improve options available that ensure flagger safety and that flaggers have adequate visual warning of objects approaching from behind them. Likewise, the department believes that standard backup alarms, which are already required on construction equipment, do not meet the intent of the legislature on this issue.

     (9)(a) The employer, responsible contractor and/or project owner must conduct an orientation that familiarizes the flagger with the job site each time the flagger is assigned to a new project or when job site conditions change significantly. The orientation must include, but is not limited to:

     • The flagger's role and location on the job site;

     • Motor vehicle and equipment in operation at the site;

     • Job site traffic patterns;

     • Communications and signals to be used between flaggers and equipment operators;

     • On-foot escape route; and

     • Other hazards specific to the job site.

     (b) When flaggers are used on a job that will last more than one day, the employer, responsible contractor and/or project owner must keep on-site, a current site specific traffic control plan. The purpose of this plan is to help move traffic through or around the construction zone in a way that protects the safety of the traveling public, pedestrians and workers. The plan must include, but is not limited to, such items as the following when they are appropriate:

     • Sign use and placement;

     • Application and removal of pavement markings;

     • Construction;

     • Scheduling;

     • Methods and devices for delineation and channelization;

     • Placement and maintenance of devices;

     • Placement of flaggers;

     • Roadway lighting;

     • Traffic regulations; and

     • Surveillance and inspection.

     (10) For all flagging operations a three (3) sign advance warning sequence is required on all roadways with a speed limit below 45 mph. A four (4) sign advance warning sequence is required on all roadways with a 45 mph or higher speed limit.

     Note: The following table contains required spacing for advance warning sign placement.

Road Type	Distances	Between	Advance Warning	Signs
	A	B	C	D
Urban low speed*	200 ft.	200 ft.	200 ft.	N/A
Urban high speed*	350 ft.	350 ft.	350 ft.	350 ft.
Rural	500 ft.	500 ft.	500 ft.	500 ft.
Expressway/Freeway	1,000 ft.	1,600 ft.	2,600 ft.	2,600 ft.

*	Speed category to be determined by Washington state department of transportation in cooperation with local jurisdictions.

     (11) To protect flaggers, employers, responsible contractors and/or project owners must ensure that:

     (a) Flagger workstations are illuminated during hours of darkness by floodlights.

     • In no case must floodlighting be permitted to create a disabling glare for drivers. The adequacy of floodlight placement and elimination of potential glare can best be determined by driving through and observing the floodlighted area from each direction on the main roadway after initial floodlight setup.

     • Emergency situations are exempt from these illumination requirements. For the purpose of this rule, "emergency" means an unforeseen occurrence endangering life, limb, or property.

     (b) Warning signs reflect the actual condition of the work zone. When not in use, warning signs must either be taken down or covered.

     (c) Flaggers are not assigned other duties while engaged in flagging activities.

     (d) Flaggers do not use devices (for example, cell phones, pagers, radio headphone, etc.,) that may distract the vision, hearing, or attention of the flagger. Devices such as two-way radios used for communications between flaggers to direct traffic or ensure flagger safety are acceptable.

     (e) Flaggers receive appropriate breaks from flagging so they can remain attentive and alert. For the purpose of this rule, "appropriate break" means a rest period of at least 10 minutes, on the employer's time, for each 4 hours of working time.

     • Rest periods must be scheduled as near as possible to the midpoint of the work period.

     • A flagger must not be allowed to work more than three hours without a rest period.

     • Scheduled rest periods are not required where the nature of the work allows a flagger to take intermittent rest periods equivalent to 10 minutes for each 4 hours worked.

[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050, 2000 c 239, and chapter 34.05 RCW. 01-04-015, § 296-155-305, filed 1/26/01, effective 2/28/01. Statutory Authority: Chapter 49.17 RCW. 93-19-142 (Order 93-04), § 296-155-305, filed 9/22/93, effective 11/1/93; 93-01-067 (Order 92-15), § 296-155-305, filed 12/11/92, effective 1/15/93; 89-11-035 (Order 89-03), § 296-155-305, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-305, filed 1/21/86; Order 76-6, § 296-155-305, filed 3/1/76; Order 74-26, § 296-155-305, filed 5/7/74, effective 6/6/74.]

[Statutory Authority: Chapter 49.17 RCW. 93-19-142 (Order 93-04), § 296-155-310, filed 9/22/93, effective 11/1/93; Order 74-26, § 296-155-310, filed 5/7/74, effective 6/6/74.]

     (2) "Signs" are the warnings of hazard, temporarily or permanently affixed or placed, at locations where hazards exist.

     (3) "Signals" are moving signs, provided by workers, such as flaggers, or by devices, such as flashing lights, to warn of possible or existing hazards.

     (4) "Tags" are temporary signs, usually attached to a piece of equipment or part of a structure, to warn of existing or immediate hazards.

[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-155-315, filed 7/20/94, effective 9/20/94; Order 76-6, § 296-155-315, filed 3/1/76.]

© Washington State Code Reviser's Office