PROPOSED RULES
COMMISSION
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-20-105.
Title of Rule: Chapter 480-60 WAC, Railroad companies--Walkways and clearances, regulating the standards for safe clearances from structures near tracks, safe overhead clearances, and safe walkways for railroad workers.
Chapter 480-66 WAC, Railroad companies--Sanitation rules, regulating standards relating to sanitation and shelter affecting the health of railroad employees.
Purpose: Walkways and clearances, to provide clear, objective standards for preventing structures from intruding into space near railroads which would endanger workers, and to provide safe walking areas for workers.
Sanitation, to provide clear, objective standards for healthy work environment for railroad workers.
Statutory Authority for Adoption: RCW 80.01.040 General, RCW 81.04.160 Transportation.
Summary: See Explanation of Rule below.
Name of Agency Personnel Responsible for Drafting: Mike Rowswell, Railroad Manager, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1265; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.
Name of Proponent: Washington Utilities and Transportation Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: These rules address how the Washington Utilities and Transportation Commission regulates railroad companies operating practices concerning walkways, clearances and sanitation. This review is in compliance with Executive Order 97-02 and reviews chapters 480-60 and 480-66 WAC for clarity, intent and statutory authority, need, effectiveness and efficiency, coordination, and cost and fairness. The proposal would reorganize and redraft the rules to comply with Executive Order 97-02. Further, the proposal would incorporate and formalize policies, would eliminate obsolete rules, and would add some substantive provisions as set out below.
Proposal Changes the Following Existing Rules: Clearance rules: Many proposed changes involve language and format. Several rules which seem to have no present day application and with which we have not worked in a number of years are recommended for repeal. Rules governing over height loads were reduced in scope substantially because railroad personnel are no longer allowed to walk on the tops of trains. The rules governing the marking of excessive width loads are also eliminated at the suggestion of the American Association of Railroads, and after railroad management and unions concurred the rules have proved to be burdensome and ineffective. Further, a specific walkway section with objective standards is added.
Sanitation rules: Many proposed changes involve language and format. Several gender specific differences in dressing room requirements are eliminated. Proposed rules require drinking water be provided for all personnel wherever they may work. The area in locomotives where crew members eat meals must be kept clean and sanitary and lockers must be provided in more instances.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Sixteen short line railroads also operate within the state. The lines are former branches of the two major railroads and all but two of them lie entirely within Washington state. None of the short lines employ more than fifty people in this state; thus, they are small businesses for purposes of this report. Three of the short lines are subsidiaries of larger organizations which operate rail lines elsewhere in the United States. Although combined operations for each of those companies may exceed fifty employees, they are treated as small businesses in this analysis.
Four very small excursion railroads operate in the state. These railroads are run primarily by volunteers. There are also several logging and industrial railroads operating within the state, over which the commission has more limited jurisdiction.
Small Business Economic Impact Statement Required: Of the railroad companies discussed above, only excursion, logging and industrial railroads are not affected by the proposed rules. Thus, more than 20% of the railroad industry in this state will be affected. None of the statutory exemptions apply. Accordingly, a small business economic impact statement is required for this rule making.
Industry Involvement in the Rule Making: All railroads operating in the state and the affected unions have been given numerous opportunities to participate in the rule making. The commission has held three workshops, mailed draft proposed rules to all interested parties for comment, and has extended the deadline for comment. Representatives of the Brotherhood of Locomotive Engineers, the United Transportation Union, BNSF, the Columbia Basin Railroad, and the Puget Sound & Pacific Railroad Company have attended workshops and/or provided comments. On February 22, 1999, the commission served a notice on all railroad companies and interested parties specifically requesting comment on the economic impact of the proposed rules. No railroad company has filed comments directly addressing compliance or economic impact issues. At a subsequent workshop, a few comments were elicited which will be mentioned below.
Rule Changes: Commission rules currently include chapters governing sanitation, walkways and clearances. Most of the changes proposed in this rule making delete unnecessary rules and make the remaining rules more organized and readable. However, the following rule changes may have an economic impact on the railroads:
Proposed WAC 480-60-035 requires walkways to be provided in certain areas and set criteria for their construction and maintenance. Under existing rules, railroad companies are only required to keep debris and other material a certain distance away from the tracks.
Proposed WAC 480-66-300 requires railroad companies to provide cool drinking water to all employees no matter where they are working. Existing rules do not require companies to provide cool drinking water to field crews.
Proposed WAC 480-66-330 (1) requires separate dressing rooms for men and women. Existing rules require dressing rooms for women only where five or more women work.
Proposed WAC 480-66-330 (2) requires lockers to be provided for employees who must store clothes or other items while working, or work related items while off duty. Current rules require lockers only when it is necessary for employees to change clothes.
Proposed WAC 480-66-500 (4) requires eating areas in locomotives to be kept clean and sanitary. There is no existing rule.
Lost Sales or Revenue: None of the proposed changes listed above directly affects relations between any business and its customers. Any possible indirect affect can only be positive. As a result, loss of sales or revenue is very unlikely.
Cost of Compliance and Mitigation: The railroads provided little information from which the commission could determine whether they would be in compliance with the proposed rule changes on the proposed adoption date, or how much it would cost for them to comply. Commission staff’s experience with railroad operations in the state, gained through meetings, inspections and training, provides some basis for a general opinion about compliance and cost elements; however, without direct and more detailed industry input, staff cannot ascertain specific costs and precise levels of compliance.
Proposed WAC 480-60-035 Walkways.
Compliance Cost: The commission track inspector, who pays close attention to walkways as part of his inspections, has stated that railroads would, for the most part, be in compliance with this rule if it was adopted. Labor and company comments at the final workshop support that conclusion. Proper maintenance of existing walkways probably is the principal current problem; however, existing rules do not allow the commission to force compliance. Union personnel advocated the adoption of a walkway rule, and indicated that there would be some areas where new walkways may have to be put in. However, there is no basis for believing that railroad companies will have to incur major costs to comply or that smaller businesses would be disproportionately affected. On the latter point, it would seem that the major railroads with their larger and more numerous yards and greater number of switches and switching operations would have the greatest need for walkways. Where new walkways must be built, labor for leveling and clearing paths would be needed, and crushed rock or other material to provide proper surfaces would have to be purchased.
Mitigation: Any railroad disproportionately affected can apply for a waiver. Commission staff would provide technical assistance to the railroad to develop a mutually agreeable program for complying with the rule over a reasonable period of time without unduly endangering employees.
Proposed WAC 480-66-300 Cool drinking water.
Compliance Cost: Railroads already provide cool drinking water in almost all cases. This rule, supported by the unions, will benefit railroad employees and improve productivity. Full compliance will add only minor costs.
Mitigation: Staff does not believe mitigation is necessary for this proposed rule.
Proposed WAC 480-66-330 (1) Separate dressing rooms.
Compliance Cost: It is very likely that separate dressing rooms are already provided wherever they are needed. If not, building construction or alteration might be necessary.
Mitigation: If any railroad is not in compliance, it may request a waiver. As part of the waiver process, commission staff would assist the railroad in seeking adequate alternatives, or would recommend a delay in required compliance for a reasonable time period.
Proposed WAC 480-66-330 (2) Lockers.
Compliance Cost: Some additional lockers will have to be provided by the major railroads. However, the cost of the lockers and of installation would seem to be moderate. It is unlikely that small railroads would be affected due to the small number of employees and localized operations, which do not require extensive use of lockers, except for changing clothes. Locker size may be a problem, which could be addressed through mitigation procedures.
Mitigation: A waiver could be requested if a railroad demonstrates the expense of compliance is excessive, or possibly unnecessary in specific instances. As with the other rules discussed above, staff would work with the railroad to develop alternatives or allow a reasonable delay for compliance.
Proposed WAC 480-66-500 (4) Sanitary locomotives.
Cost of Compliance: The cost of janitorial services to provide a clean and sanitary place for employees to eat would seem to be minor. Toilets must already be cleaned on locomotives. A few additional minutes to clean an eating area can add only a small cost. The major railroads are probably the most affected by this rule because they have numerous trains running on the same line and for long distances, while short lines have more versatility due to fewer train operations and more localized operations.
Mitigation: If a railroad demonstrates that the cost of compliance is excessive, the railroad may request a waiver of the rule.
CONCLUSION: All affected businesses have been given ample opportunity to participate in the rule making and provide pertinent information to commission staff. The Class I railroads and several short lines have taken advantage of that opportunity; however, very little compliance or economic impact information has been provided. Despite that fact, common sense and general experience indicate that some of the proposed rules could have an economic impact on some businesses; however, it is most likely that the major railroads will be affected more than the smaller railroads. If any railroad faces a substantial economic impact due to the proposed rules, relief and technical assistance may be provided through the waiver process and technical assistance provided by commission staff.
A copy of the statement may be obtained by writing to Washington Utilities and Transportation Commission, Records Center, Docket No. TR-981101, P.O. Box 47250, Olympia, WA 98504-7250, phone (360) 664-1234, fax (360) 664-1150.
RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 does not apply to the Washington Utilities and Transportation Commission.
Hearing Location: Commission Hearing Room 206, 2nd Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on September 22, 1999, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Pat Valentine by September 15, 1999, TDD (360) 586-8203, or (360) 664-1133.
Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504-7250 or e-mail <records@wutc.wa.gov>, fax (360) 586-1150, by August 11, 1999. Please include Docket No. TR-981101 in your communication.
Date of Intended Adoption: September 22, 1999.
July 20, 1999
Carole J. Washburn
Secretary
OTS-2840.2
PART 1 - GENERAL INFORMATION
NEW SECTION
WAC 480-66-100
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
Bunk or section house - the portion of any building in which employees are provided sleeping or living accommodations, except family dwellings.
Caboose - any car or coach used on a train to carry the train crew.
Commission - the Washington utilities and transportation commission.
Company - a common carrier railroad company as employer.
Employee - any person employed by a company.
Incinerator toilet - a toilet containing a receptacle for toilet waste to which intense heat is applied.
Number of employees - the maximum number of employees going on or coming off shift within any single hour.
Railroads - common carrier railroads.
Sanitary - free from things injurious to health, or effective in preventing or checking the effects of those things.
Station - a location where freight or passengers are ordinarily received and delivered, including all freight and express offices.
Terminal - a location where train crews and other employees are regularly required to report for duty.
Toilets - fixtures such as flush toilets, chemical closets, or privies used for the purpose of defecation.
Usual place of employment - the place where an employee works with a reasonable measure of continuity throughout the major part of the employee's company service.
Yards - yards, section headquarters, and locomotive and car shops.
Office work area - a yard office, station, depot, terminal, or freight, baggage and express office located on railroad property which is the usual place of employment for the performance of clerical or other work identified with office functions of the company.
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The rules in this chapter apply to all railroads operating within the state of Washington.
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You may contact the commission in writing, in person, by telephone, by e-mail, or by facsimile.
The commission's location, mailing address, e-mail address, and telefax numbers are found in WAC 480-09-100. The commission's Internet home page address is found in WAC 480-04-050.
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The commission's rules governing administrative practices and procedures are in chapter 480-09 WAC. When a rule in this chapter conflicts with a rule in chapter 480-09 WAC, the rule in this chapter applies to railroad companies.
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(1) The commission may grant an exemption from any rule in this chapter, when doing so is consistent with the public interest, the purposes underlying regulation, and applicable statutes.
(2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, and giving a full explanation of the reason the exemption is requested.
(3) The commission will assign the request a docket number, if needed, and schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other interested persons, of the date the commission will consider the request.
(4) The commission will enter an order granting or denying the request, or setting it for hearing pursuant to chapter 480-09 WAC.
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Any interested person who believes that available sanitary or shelter facilities are inadequate or unsatisfactory under the rules in this chapter may file an informal or formal complaint with the commission pursuant to WAC 480-09-150 and 480-09-400 requesting the responsible party or parties to correct the condition. Upon investigating the complaint, the commission may issue an order, with or without hearing, directing that the conditions complained of be corrected.
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Railroads must report to the commission, upon request, concerning the company's sanitation and shelter facilities and servicing programs required by these rules.
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PART 2 - GENERAL SANITATION RULES(1) The company is responsible for providing employees with all items required by these rules.
(2) The company must, at all times, maintain all items required in these rules in proper working order and in a condition which is sanitary, free from vermin and rodents, and which is not offensive to a reasonable person, except when the items are taken out of service and are not accessible by employees.
(3) The company must establish a program to regularly review and service all items required in these rules to meet its obligations under subsections (1) and (2) of this section; however, implementing a program must not be a substitute for actual compliance with subsections (1) and (2) of this section.
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(1) During use, locomotive cabs must be heated to a minimum of 50 degrees Fahrenheit.
(2) When required by the season of the year, doors and windows of all locomotives must be equipped with adequate protection to occupants from the elements by means of weather stripping, or other device sufficient to provide equally adequate protection.
(3) Cabooses must be maintained in a clean and sanitary condition.
(4) When required by the season of the year, doors, and windows of cabooses must be equipped with adequate weather stripping.
(5) Every caboose used in any train in this state, regardless of service, must be provided with a stove or other adequate means of heating. The company shall provide a sufficient supply of fuel for the trip or shift.
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(1) Bed linen furnished by the railroad must be changed, and fresh, clean linen supplied at least once a week and for each new occupant.
(2) Adequate shelter must be furnished and maintained for watchmen. The shelter must be adequately heated, sealed and insulated against cold and inclement weather.
(3) Office work areas must be clearly lighted at all times during hours of use.
(4) Office work areas must be heated at all times during hours of use to a minimum of 65 degrees Fahrenheit.
(5) Office work areas must be provided with cross-ventilation when possible.
(6) Windows, ventilators and doors opening to the outside of office work areas must be properly screened during the seasons when insects are prevalent.
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(1) Toilet rooms and washrooms must not be used for storage.
(2) Floors in all buildings and movable facilities must be maintained in a clean, and so far as practicable, dry condition. Where wet processes are used, drainage must be maintained and false floors, platforms, mats or other dry standing places must be provided wherever practicable.
(3) Screens required by these rules must be of 16 mesh or equal.
(4) Suitable receptacles for the storage of waste and refuse must be provided wherever needed. They must be maintained in a sanitary condition. Receptacles used for moist or liquid waste must be made of a smooth finished surface, impervious to moisture. They must be kept covered and must be washed out as often as necessary to keep them clean.
(5) All sweepings, waste and refuse must be removed in a manner which avoids raising dust, and as often as necessary to keep all rooms used by employees clean.
(6) Toilet waste must not be discharged onto the ground surface from railroad cars within servicing area of yards. Those areas must be kept free of refuse, litter, debris, vermin and rodents.
(7) Adequate drainage must be provided where work is performed in repair yards or on repair tracks in the open or in open sheds or pits. Waste must not drain into any water of the state, nor contaminate the ground surface, but must be disposed of in a manner approved by the Washington state department of health.
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PART 3 - WATER SUPPLY, DRESSING ROOMS AND LOCKERS(1) An adequate supply of cool drinking water must be made available to all employees wherever they may be working.
(2) Drinking water must meet all standards of the Washington state department of health.
(3) Containers used to furnish drinking water must meet all specifications of the Washington state department of health and must be sterilized as often as necessary to assure a sanitary water supply.
(4) The common drinking cup is prohibited.
(5) Cross-connections between potable and impotable water supplies are prohibited. Impotable water supplies must be clearly labeled as not fit for drinking or washing.
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(1) An adequate number of wash basins or lavatories for maintaining personal cleanliness must be provided within reasonable access for all employees normally assigned to office work areas, stations, yards, terminals, shops, engine houses, lunch rooms, bunk houses, and section houses. All other employees must be provided an adequate means to maintain personal cleanliness for eating purposes and after defecation or urination.
(2) The following table must be used to determine the adequacy of washing facilities (twenty four inches of trough or circular wash basin is considered the equivalent of one wash basin):
| Number of Employees | Minimum Number of
Facilities |
| 1 to 10 | 1 basin |
| 11 to 24 | 2 basins |
| 25 to 49 | 3 basins |
| 50 to 100 | 5 basins |
| Over 100 | 5 basins plus 1 more for each additional 25 employees |
(4) Wash basins or lavatories must be made of smooth finished material, impervious to moisture.
(5) Supplies for wash basins or lavatories must include:
(a) Hot and cold running water to wash basins.
(b) Mechanical drying facilities or individual towels, either paper or cloth. The use of common towels is prohibited.
(c) Waste receptacles for used paper towels.
(d) Soap or other suitable cleansing agent at each wash basin.
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Showers must be required when the commission determines that they are necessary at a specific location to protect employees whose work involves exposure to poisonous, infectious or irritating material or to excessive dirt, heat fumes, vapors, or other materials or substances injurious to health. Adequate locker and dressing room facilities will be provided with showers. Specifications for showers will be determined for each location when the need for showers is established.
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(1) Separate dressing rooms must be provided for men and women in all places of employment where it is necessary for employees to change clothing. Dressing rooms must be separated from toilet rooms by solid partitions and doors. Dressing rooms must have at least eighty square feet of floor space. If more than ten employees, at least an additional four square feet must be provided for each additional employee. Benches must be provided. Dressing rooms must be properly lighted, heated to a minimum of 65 degrees Fahrenheit, and adequately ventilated. Where practicable, cross-ventilation must be provided.
(2) Individual metal lockers must be provided where dressing rooms are required. Lockers must also be provided for each employee who must store work-related items at any time. Lockers must be convenient for employee access and must be provided where needed, even if one locker must be provided to an employee at each end of a run. Lockers must be at least twelve inches wide, eighteen inches deep and seventy-two inches high, exclusive of legs or other base. The lockers must be equipped with a shelf and with at least one clothes hook for each side or equivalent hanger bar, and also with sufficient openings in the door for purposes of ventilation.
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PART 4 - TOILETS(1) Where running water and sewer or septic tank connections are reasonably available, flush-type toilets and urinals must be maintained.
(2) Chemical toilets or privies may only be used where it is impractical to install inside toilet and urinal facilities.
(3) No privy, urinal, cesspool, septic tank or other receptacle for human excrement must be used which directly or indirectly drains or discharges over, into or upon the surface of the ground or into the waters of the state.
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(1) Every flush toilet must have a rim flush bowl or be so constructed as to prevent the accumulation of fecal matter on the bowl. The bowl must be constructed of a smooth finished material impervious to moisture.
(2) Every bowl must be installed in a manner which allows surroundings and floor space to be easily cleaned.
(3) No pan, plunger or wash-out water closets are permitted except that pan or double-pan types are permitted for movable facilities.
(4) Every flush toilet must have a separate hinged seat made of a smooth finished material, other than metal, impervious to moisture.
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(1) Every urinal must be made of a smooth finished material impervious to moisture.
(2) Every urinal must be located within a toilet room.
(3) Twenty-four inches of trough urinal is equivalent to an individual urinal.
(4) Wherever a slab urinal is installed, the floor must be sloped toward the urinal drain for a distance of at least twenty-four inches in front of the urinal. Adequate splash guards must be installed.
(5) Every urinal must be flushed from a water-supplied tank or through valve, and flush valves must be installed with an approved back-flow preventer. Every tank must furnish an adequate quantity of water for each discharge for every fixture. In place of discharge from a tank or flush valve, water may be allowed to run continuously over slab or trough urinals.
(6) Clear floor space for each urinal or its equivalent must be at least two feet in width.
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All chemical toilets installed must be of a type approved by the commission. Containers must be charged with chemical solution of proper strength and their contents must be agitated daily with proper devices provided for that purpose. When containers are more than two-thirds full the contents must be disposed of in an approved manner. The stacks connecting the seats with the containers must be cleaned as often as is necessary to keep them in a clean and sanitary condition.
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(1) All incinerator toilets used on railroad equipment in the state of Washington must be of a type approved by the commission.
(2) The installation and method of venting must be approved by the commission.
(3) Clear and concise instructions must be provided by the railroad company to insure that the units are operated correctly.
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(1) All privies must be located, constructed, and maintained to avoid contaminating any water of the state.
(2) A suitable approach, such as concrete, gravel or cinder walk must be provided.
(3) Privies must be constructed and maintained to be insect and rodent proof.
(4) Every privy must be provided with a door that is self-closing.
(5) The lids over the seats must be constructed to fall into a closed position when the seat is not occupied.
(6) The pit, or vault must be ventilated to the outside air by means of a stack protected at its outlet by screens.
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(1) Separation.
(a) No toilet room must have direct communication with any room in which unwrapped food products are prepared, stored, handled, or sold, unless separated by a self-closing door maintained in operating condition.
(b) Separate toilet facilities must be provided for men and women, and each toilet room must be plainly marked by a sign reading "men" or "women." However, where toilet rooms will be occupied by no more than one person at a time, can be locked from the inside, and contain at least one water closet, separate toilet rooms for each sex need not be provided. Where a single occupancy room has more than one toilet, only one of them may be counted for the purpose of the table in WAC 480-66-470.
(c) There must be no direct connection between toilet rooms for men and women. Each must have a separate entrance, and each entrance door must have an automatic closing device maintained in operating condition.
(2) In toilet rooms containing more than one water closet, each water closet must be in an individual compartment.
(3) Every toilet room must be adequately ventilated.
(4) All toilet facilities must be clearly lighted at all times during working hours.
(5) Every toilet room other than privies must be kept adequately heated.
(6) All windows, ventilators, and other openings, must be screened to prevent the entrance of insects. Toilet rooms must be kept free of insects and vermin.
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General.
(1) Adequate toilet facilities must be provided for all employees, and for each sex. Facilities must be conveniently located and accessible, and must be maintained at all times in a usable and sanitary condition and in a condition which is not offensive to a reasonable person.
(2) The following table must be used as a guide in determining the adequacy of toilet facilities.
| Number of Employees | Minimum Number of
Facilities |
| 1 to 10 persons | 1 toilet |
| 11 to 25 persons | 2 toilets |
| 26 to 49 persons | 3 toilets |
| 50 to 100 persons | 5 toilets |
| 100 persons or over | 5 toilets plus 1 more for each additional 25 employees |
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(1) An adequate supply of toilet paper with holder must be maintained.
(2) In all toilet rooms used by women dispensing machines for sanitary napkins must be provided if requested.
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(1) Movable facilities. Flush, chemical, or incinerator type toilets must be provided on the following movable facilities:
(a) The lead locomotive of all trains except when used in yard service.
(b) Baggage and express cars where employees are required to work en route.
(c) Cabooses.
(2) Stationary facilities. Appropriate toilets, as required by these rules, must be provided and made accessible to all employees at all terminals, yards, stations, depots, office work areas, engine houses and shops, bunk or section houses, section headquarters, lunch rooms, and maintenance of way camps.
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PART 5 - EATING FACILITIES(1) At all permanent and semi-permanent installations, an acceptable place with adequate space for eating meals must be provided for employees who bring their meals to their place of employment, or eat meals prepared at the camp facilities. An acceptable place with adequate space for eating meals must be provided at all other places whenever practicable.
(2) Eating places must be constructed to permit them to be readily cleaned. At all times, they must be kept clean and sanitary, in good repair, and free of rodents, insects and vermin.
(3) Kitchen cars or other camp facilities must have adequate equipment for the sanitary preparation, cooking and refrigeration of food.
(4) If employees are allowed or required to eat in a locomotive, the eating area must be kept clean and sanitary at all times.
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(1) In lunch rooms where food is served for employees, the food, equipment, and facilities are subject to the rules and regulations of the state department of health pertaining to public food establishments.
(2) Employees and workers handling and serving food are subject to those rules and regulations of the state department of health which are necessary to the sanitary handling of food.
(3) Concessionaire facilities provided by the company in lieu of direct company operations must comply with the regulations in these rules with respect to adequate space, adequate food handling facilities, sanitation and cleanliness.
(4) Adequate table and seating facilities must be provided for the maximum number of employees using the room at any one time.
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(1) General. The minimum area of lunch rooms, or the amount of space to be added to that required for a locker room where a lunch room is not provided, must be based upon the maximum number of employees using the room or added space at any one time, in accordance with the following table:
| Number of Employees | Square Feet Per Employee |
| 10 to 25 | 8 |
| 26 to 74 | 7 |
| 75 to 149 | 6 |
| 150 to 499 | 5 |
| 500 and more | 4 |
(3) All lunch rooms must be clearly lighted at all times during hours of use.
(4) Every lunch room must be kept reasonably heated at all times.
(5) The windows, ventilators and doors opening to the outside of all lunch rooms must be properly screened during the season when insects are prevalent.
(6) One or more covered receptacles, as needed, must be furnished in lunch room and eating places for the disposal of waste food and other waste matter. The containers must be emptied regularly and cleaned as often as needed. The area where the receptacles are kept must be maintained free of litter overflowing the receptacles.
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PART 6 - SLEEPING ACCOMMODATIONS(1) Walls, floors and ceilings must be constructed to permit them to be readily cleaned.
(2) Exterior windows and doors must be weather stripped during cold weather.
(3) Screens must be provided for outer doors and windows during any season when insects are prevalent.
(4) Heating facilities and adequate fuel must be provided with which employees may maintain a comfortable temperature as weather conditions may require.
(5) Lighting, by windows and/or acceptable artificial illumination, must be provided.
(6) Ventilation must be provided by windows opening directly to the outside air.
(7) Beds, bunks or cots with proper mattresses must be provided. The beds, bunks or cots must be raised at least twelve inches above the floor and be located two feet or more from the side of any other bed, bunk or cot located in the same room, and have at least twenty-seven inches of clear space above it.
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Dormitories or bunk rooms must be large enough to provide at least fifty square feet of floor area for each person. However, where double bunks are used at least thirty square feet of floor space must be provided for each person using a double bunk. The headroom of dormitories or bunk rooms must be at least seven feet.
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The following sections of the Washington Administrative Code are repealed:
| WAC 480-66-010 | Definitions. |
| WAC 480-66-020 | Water supply. |
| WAC 480-66-030 | Toilets. |
| WAC 480-66-040 | Eating places and lunch rooms. |
| WAC 480-66-050 | Sleeping accommodations. |
| WAC 480-66-060 | Cleanliness and maintenance. |
| WAC 480-66-070 | General. |
OTS-2839.2
AMENDATORY SECTION(Amending Order R-5, filed 6/6/69, effective 10/9/69)
WAC 480-60-010
Application of rules.
(1) ((Subsequent to December 1, 1950, in all
construction and reconstruction of tracks or structures adjacent thereto, on all railroads over
which freight cars are transported or proposed to be transported, the following minimum
clearances shall be allowed.)) The rules in this chapter apply to all common carrier railroad
companies operating within the state of Washington, including any facilities or structures owned
or operated by the railroad.
(2) A railroad company ((shall)) must not operate ((freight cars, locomotives or other
rolling)) any equipment over tracks ((constructed subsequent to December 1, 1950, or tracks
adjacent to buildings and structures constructed or reconstructed subsequent to that date,
wherein)) where the clearances are less than those ((prescribed in)) required by these rules,
unless a commission order has been entered granting an exemption or an exemption is contained
in these rules.
(3) ((Where specific authority has been issued for deviation from these clearances for
construction occurring subsequent to December 1, 1950, but prior to the effective date of the
order in Cause No. T-8499 amending clearance rules of December 1, 1950, authority so issued
shall remain in effect.
(4) Overhead clearances authorized in these rules are applicable to tracks on which freight cars having a height to running board of fifteen feet six inches or less are transported. In the case of cars or loads exceeding fifteen feet six inches, WAC 480-60-070 and 480-60-080 must be complied with.
(5))) Side clearances ((authorized in these rules are applicable to tracks on which freight
cars having an overall width)) are based on the assumption that equipment used on tracks is not
greater than ten feet ten inches ((are transported)) wide. Height clearances are based on the
assumption that equipment used on tracks is not higher than fifteen feet six inches. ((In the case
of cars or loads exceeding)) If equipment exceeds ten feet ten inches in width, the railroad must
comply with WAC ((480-60-070 and)) 480-60-080 ((must be complied with)).
[Order R-5, § 480-60-010, filed 6/6/69, effective 10/9/69.]
You may contact the commission in writing, in person, by telephone, by e-mail, or by facsimile. The commission’s location, mailing address, e-mail address and telefax number are found in WAC 480-09-100. The commission’s internet home page address is found in WAC 480-04-050.
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The commission’s rules governing administrative practices and procedures are in chapter 480-09 WAC. When a rule in this chapter conflicts with a rule in chapter 480-09 WAC, the rule in this chapter applies to railroad companies.
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(1) When the overhead or side clearances between a
track and any building, structure, or facility are less than the minimum ((prescribed in)) required
by these rules, but where lawfully created prior to ((the effective date thereof)) October 9, 1969,
the minimum clearances ((prescribed herein shall)) required by these rules must be provided
whenever the building, structure, or facility is relocated or reconstructed((;)). However, the
((Washington utilities and transportation)) commission will consider specific requests for the
future continuance of ((heretofore)) these previously lawful clearances ((at such reconstructed
building, structure or facility when application thereof has been made as provided in subsection
(3))) when the railroad or owner or manager of the building, structure, or facility applies for an
exemption under the provision set forth below.
(2) Where restricted clearances are ((necessary nothing herein shall be construed as
preventing)) unavoidable, the following moves are allowed without requesting an exemption
from the commission:
(a) The movement of material over tracks when ((such)) the material is ((necessary in))
needed for the construction or maintenance of ((such)) the tracks((, nor in));
(b) The movement of special work equipment used in the construction, maintenance or
operation of the railroad((, provided such movements shall be carried on under the conditions as
are necessary to provide for the safety of all concerned; nor shall these rules be applicable,
provided reasonable safety precautions are observed,));
(c) Movements during periods of actual emergency due to wrecks, derailments, washouts
and like conditions((.
(3) If in any particular case, exemption from any of the requirements herein is deemed necessary by the carrier or industry concerned, the Washington utilities and transportation commission will consider the application of such carrier or industry for such exemptions when accompanied by a full statement of the conditions existing and the reason why such exemption is asked. Any exemption so granted will be limited to the particular case covered by the application.
(4) The Washington utilities and transportation commission reserves the right to modify any of the provisions of these regulations in specific cases, when, in its opinion, safety of railroad employees, public safety, convenience or necessity would be served by so doing.
(5)));
(d) All movements authorized in this subsection may be made only after all reasonable steps are taken to provide for the safety of all who could be harmed by the move.
(3) The commission may grant an exemption of any rule in this chapter, when doing so is consistent with the public interest, the purposes underlying regulation, and applicable statutes.
(4) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, and giving a full explanation of the reason the exemption is requested.
(5) The commission will assign the request a docket number, if needed, and schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other interested persons, of the date the commission will consider the request.
(6) The commission will enter an order granting or denying the request, or setting it for hearing pursuant to chapter 480-09 WAC.
(7) Logging railroads, or any operation directly incident to logging, now subject to the provisions of the safety standards for logging operations in chapter 296-54 WAC, published by the division of safety of the department of labor and industries of the state of Washington, are exempted from these rules.
[Order R-5, § 480-60-020, filed 6/6/69, effective 10/9/69.]
(((1) The overhead clearance is that distance measured
along a line which is perpendicular to and joins a horizontal plane passing through the top of the
highest rail and the lowest point of the overhead structure or obstruction.
(2) The side clearance is the shortest distance from centerline of track to a structure or appurtenances such as downspouts, ladders, or other obstructions at the side of the track.
(3) The track clearance is the shortest distance between the centerlines of adjacent tracks.
(4) Height of a freight car is the distance between the top of rail and the top of running board.
(5) Width of a freight car is twice the distance from the centerline of the car to the extreme outside part thereof.
(6) Icing platforms: The term "icing platform" shall include structures used in performing the service of icing, precooling, heating, ventilating and servicing of cars used in the handling of commodities requiring the above services.
(7) Constituted authority shall mean the commission.
(8) Overcrossing when used in this order means any point or place where a highway crosses a railroad by passing above the same. Clearances shall be as specified in WAC 480-60-040 (1) and (3).
(9) Undercrossing when used in this order means any point or place where a highway crosses a railroad by passing under the same. Existing laws pertaining to highways shall prevail.)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
Car width - twice the distance from the centerline of the car to its extreme outside part.
Commission - the Washington utilities and transportation commission.
Icing platforms - include structures used in performing the service of icing, precooling, heating, ventilating and servicing of cars used in the handling of commodities requiring those services.
Overcrossing - any point or place where a highway crosses a railroad by passing above it.
Overhead clearance - the distance measured along a line which is perpendicular to and joins a horizontal plane passing through the top of the highest rail and a horizontal plane passing through the lowest point of the overhead structure or obstruction.
Side clearance - the shortest distance from centerline of track to a structure or appurtenances such as downspouts, ladders, or other obstructions at the side of the track.
Track clearance - the shortest distance between the centerlines of adjacent tracks.
Walkways - pathways located alongside or in the vicinity of a railroad track, or on a trestle or bridge, that provide an area for a railroad employee to perform duties associated with the track, trestle or bridge.
[Order R-5, § 480-60-030, filed 6/6/69, effective 10/9/69.]
(1) Walkways must be provided in yards where employees regularly work on the ground, and for a minimum distance of one hundred twenty-five feet on each side of every switch stand or other trackside switch-throwing mechanism.
(2) The surface of walkways required in subsection (1) of this section must be covered with crushed material not to exceed one and one-half inch in size, or with asphalt, concrete, planking, grating, or similar material.
(3) Walkways required in subsection (1) of this section must not have a grade and slope in excess of one inch of elevation per each eight inches of horizontal length in any direction, unless the geography of the area makes this not possible.
(4) Walkways must be kept clear of vegetation, debris, and other obstructions which constitute a hazard to railroad employees working on the ground. Standing water must be removed from walkways as soon as practicable.
(5) When walkways required in subsection (1) of this section are removed or damaged due to construction or emergencies, they shall be restored within ten days after construction is completed or the emergency ends.
(6) Whenever walkways are provided, they must be sufficiently wide to allow employees to safely perform all duties associated with the use of the walkways.
(7) Walkways on bridges and trestles existing on (effective date of rule), must not be removed without approval from the commission. Permission must be obtained by the process set forth in WAC 480-60-020.
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| (( |
(2) Buildings.
The overhead clearance inside of entirely enclosed buildings may be reduced to eighteen
feet, ((provided that this clearance shall apply only to tracks terminating)) if the tracks terminate
within the building((, and further provided, that when)). When an overhead clearance of less
than twenty-two feet six inches is established ((therein)) in a building, all cars, locomotives or
other equipment ((shall be brought to a)) must stop before entering ((such enclosed building,
the)) it. The conditions provided to require ((such)) the stop ((to be approved by constituted
authority)) must be approved by the commission. Engine houses and car shops are exempt from
these regulations.
| (( |
Minimum overhead clearance in tunnels ((and through)), under overcrossings, and on
bridges may be decreased to the extent defined by the half-circumference of a circle having a
radius of eight feet and tangent to a horizontal line twenty-two feet six inches above top of rail at
a point directly above the centerline of track.
(4) ((Overhead clearance -)) All other structures.
Minimum overhead clearance ((as prescribed in subsection (1) above)) may be decreased
to the extent defined by the half-circumference of a circle having a radius of eight feet six inches
and tangent to a horizontal line twenty-two feet six inches above top of rail at a point directly
over the centerline of track.
(5) Overhead clearance of wires.
All overhead wires ((in general shall)) must have a minimum vertical clearance of not
less than that specified by the safety rules for the installation and maintenance of electric supply
and communication lines as provided by the rules for electrical construction and the electrical
and communication workers safety rules of the state of Washington.
[Order R-5, § 480-60-040, filed 6/6/69, effective 10/9/69.]
(1) ((Side clearance in general . . . . . . . . . . . . 8'6"
| (( |
(2) Platforms - 8" or less above top of rail . . . . . . . . . . . . 4'8"
(3) Platforms - 4'0" or less above top of rail . . . . . . . . . . . . 7'3"
| (( |
(4) Platforms - 4'6" or less above top of rail - when used principally for loading or unloading refrigerator cars . . . . . . . . . . . . 8'0"
(5) Icing platforms and supports . . . . . . . . . . . . 7'3"
| (( |
Note:)) A retractable platform((s, either sliding or hinged,)) which ((are)) is attached to a
permanent structure ((shall)) must be ((so)) designed so that when it is not in use no part of
((such retractable platform)) it shall fall within the clearance limits herein prescribed for a
platform of that height above the top of the rail.
(7) Platforms - combinations of any above.
((Note:)) Platforms defined under (2) above may be combined with either (4) or (3)
((provided that)) if the lower platform ((presents)) has a level surface from a point not more than
four feet eight inches from centerline of track to the face of the wall of the platform with which it
is combined. No other combinations will be permitted.
(8) ((Platforms - extension of existing platforms.
| (( |
(9) Side clearance - )) Bridges and tunnels . . . . . . . . . . . . 8'0"
(((10))) (9) Bridges and tunnels - upper section (see WAC 480-60-040(3)).
Side clearance ((in through)) on bridges and in tunnels may be decreased to the extent
defined by the half circumference of a circle having a radius of eight feet and tangent to a
horizontal line twenty-two feet six inches above top of rail directly above centerline of track.
(((11))) (10) Bridges - lower section and structures 4' high or less. ((Through)) Bridges
((supporting track affected)), hand rails, water barrels and refuge platforms on bridges and
trestles, water columns, oil columns, block signals, cattle guards and cattle chutes, or portions
((thereof)) of those items, four feet or less above top of rail may have clearances decreased to the
extent defined by a line extending diagonally upward from a point level with the top of rail and
five feet distant laterally from centerline of track to a point four feet above top of rail and eight
feet distant laterally from centerline of track: Provided, That the minimum clearance for hand
rails and water barrels ((shall)) must be seven feet six inches and the minimum clearance for
fences of cattle guards ((shall)) must be six feet nine inches.
((Note:)) Unless previously approved, the clearances authorized in this subsection, except
as provided for hand rails and water barrels, are not permitted on ((through)) bridges where the
work of trainmen or yardmen requires them to be upon the decks of such bridges for the purpose
of coupling or uncoupling cars in the performance of switching service on a switching lead.
(((12) Side clearance - cattle guards and cattle chutes. (See subsection (11))
(13)(a) Side clearance - warehouse doors . . . . . . . . . . . . 8'6"
(b))) (11) Side clearance - engine house and car repair shop doors . . . . . . . . . . . . 7'6"
(((14) Side clearance - hand rails on bridges and trestles. (See subsection (11))
(15))) (12) Side clearance - interlocking mechanism, switch boxes, ((etc)) and other
similar devices projecting 4" or less above the top of the rail . . . . . . . . . . . . 3'0"
((Switch boxes, switch operating mechanism necessary for the control and operation of
signals and interlockers projecting four inches or less above top of rail.
(16) Side clearance - mail cranes and train order stands when not in operative position . . . . . . . . . . . . 8'6"
(17) Side clearance - oil columns (see subsection (11)) . . . . . . . . . . . . 8'0"
(18))) (13) Side clearance - poles supporting trolley contact . . . . . . . . . . . . 8'3"
((Conductors supplying motive power to track affected - of bracket construction.
(19) Side clearance - poles other than trolley poles . . . . . . . . . . . . 8'6"
(20))) (14) Side clearance - signals and switch stands 3' high or less when located between tracks where not practicable to provide clearances otherwise prescribed in these rules . . . . . . . . . . . . 6'0"
(((21))) (15) Side clearance - signals and switch stands other than above . . . . . . . . . . . . 8'0"
(((22) Side clearance - tunnels. (See subsection (10)) . . . . . . . . . . . . 8'0"
(23) Side clearance - water barrels on bridges (see subsection (11)).
(24) Side clearance - water columns. (See subsection (11)) . . . . . . . . . . . . 8'0"
(25))) (16) Side clearances on curved track. ((Note:)) Side clearances adjacent to curved
track shall be increased as necessary to give the equivalent of tangent track clearances. As a
general rule, the side clearance on curved track should be increased 1-1/2" for each degree of
curvature.
(((26))) (17) Side clearances - material or merchandise adjacent to tracks. (( . . . . . . . . . . . . 8'6"
Note:)) No merchandise, material or other articles shall be placed or stored on ground or
platforms adjacent to any track at a distance less than eight feet six inches from the centerline of
track, except in cases of maintenance or emergency when such material is to be used within a
reasonable period of time or where local conditions make compliance with this ((note)) rule
impossible.
(((27))) (18) Clearances - car puller units and appurtenances.
((Note:)) Clearances ((shall be only as)) for car puller units and appurtenances must be
approved ((on application to)) by the commission through the process set forth in WAC 480-62-020.
[Order R-5, § 480-60-050, filed 6/6/69, effective 10/9/69.]
(1) Track clearances - in general . . . . . . . . . . . . 14' 0"
The minimum distance between the centerlines of parallel standard gauge railroad tracks,
which are used or proposed to be used for transporting cars, engines, motors, or like equipment,
((shall)) must be fourteen feet, except as ((hereinafter prescribed)) set forth below.
(2) Track clearances - main and subsidiary tracks . . . . . . . . . . . . 15' 0"
The centerline of any standard gauge track, except a main track or a passing track,
parallel and adjacent to a main track or a passing track, ((shall)) must be at least fifteen feet from
the centerline of ((such)) the main track or passing track((: Provided,)) however, ((That)) where
a passing track is adjacent to and at least fifteen feet distant from the main track, any other track
may be constructed adjacent to ((such)) the passing track with 14 feet clearance ((prescribed in
subsection (1))).
(3) Track clearances - parallel team, house, or industry tracks . . . . . . . . . . . . 13' 0"
Minimum clearances between centerlines of parallel team, house, or industry tracks
((shall)) must be thirteen feet.
(4) Track clearances - parallel ladder or ladder and other track . . . . . . . . . . . . 20' 0"
The minimum clearance between centerlines of any standard gauge ladder track,
constructed parallel to any other track, ((shall have a clearance of not less than)) must be twenty
feet ((from the centerline of such other track)).
(5) Track clearances - existing tracks.
((Note:)) Tracks existing ((tracks)) prior to October 9, 1969, may be extended at
clearances lawfully prescribed prior to ((the effective date of this order)) that date.
[Order R-5, § 480-60-060, filed 6/6/69, effective 10/9/69.]
(1) ((Cars containing lading
in excess of 15'6" high and/or 5'5" from centerline of car.
Each open top car containing lading of a height exceeding fifteen feet six inches above top of rail, or which extends laterally more than five feet five inches from the centerline of the car, the movement of which is hereby authorized, shall be marked, stenciled or placarded, and such markings maintained in a legible condition to read:
| "This carEXCESS WIDTH")) |
(2) Cars containing lading which extends laterally in excess of 5'5".
The movement of open top cars containing lading which extends laterally in excess of five feet five inches is hereby authorized only if the lading is of such a nature that it cannot practically be reduced in dimensions.
(3) Lading higher than 15'6" or extending laterally more than 5'5-1/2".
The movement of all open top cars having lading in excess of fifteen feet six inches in height, or which extends laterally in excess of five feet five and one-half inches from centerline of car will be authorized by written notice stating the total number of such cars and advising that no member of the train crew is required to ride on top of such high car or the side of any such wide car.
(4) A written notice shall be delivered to every train containing any car, the lading of which extends laterally in excess of 5'5-1/2" from the centerline of the car or in excess of 15'6" in height above top of rails, informing the crew of the train that the train includes such car or cars, stating the total number thereof and advising that no member of the train crew is required to ride on the side of any such wide car or top of any such high car.
(5))) No person may ride on the top of any car, or on the side of an excess width car, or the side of a car with a load that extends more than 5'5" from centerline.
(2) The railroad company must provide written notice to the train stating the total number of cars with excess height or width.
(3) Notice to yard supervisors. Yard supervisors ((shall)) must be ((given notification))
notified sufficiently in advance of the arrival of ((such wide loads as described in subsection (3)
as)) cars with excess height or width to enable them to take necessary precautions to safeguard
employees in yard.
(((6) Loads which cannot be passed over by employees.
Open top cars containing lading having an overall height in excess of fifteen feet six inches above top of rail, if otherwise in compliance with these requirements, and the nature of which precludes the possibility of employees passing over the cars, are exempt from the provisions of subsections (3), (4) and (5), but written notice must be given to all members of train crew informing them of the presence of such loads.
(7) Exemptions.
The common carrier railroads are hereby authorized to move excess height loads and width loads, as described in subsection (1) over roads or portions thereof, without complying with the provisions of WAC 480-60-080, provided that clearances equivalent to the minimum herein prescribed for cars having a height of fifteen feet six inches and width of ten feet ten inches are maintained.))
[Order R-5, § 480-60-080, filed 6/6/69, effective 10/9/69.]
(1) ((Overhead
and)) Side clearances.
For the operation of equipment on narrow gauge tracks, ((the minimum overhead
clearance shall provide a distance above the top of the highest car operated not less than that
provided in these rules for cars fifteen feet six inches in height operated on standard gauge
tracks;)) the side clearances and distances between centerlines of tracks ((shall)) must provide a
distance from the sides of cars, or between the widest cars operated, not less than those distances
((herein)) provided by these rules for cars ten feet ten inches in width operated on standard gauge
tracks.
(2) All other requirements of these rules, where applicable ((shall)), must be observed by
narrow gauge railroads.
[Order R-5, § 480-60-090, filed 6/6/69, effective 10/9/69.]
The following sections of the Washington Administrative Code are repealed:
| WAC 480-60-070 | Marking of cars. |
| WAC 480-60-99002 | Table--Class of highway. |
| WAC 480-60-99003 | Diagram--Clearance diagram for underpasses two-way highway traffic. |