Original Notice.

Preproposal statement of inquiry was filed as WSR 99-12-037 on May 26, 1999.

Purpose: WAC 296-24, General safety and health standards; WAC 296-56, Safety standards--Longshore, stevedore and related waterfront operations; WAC 296-155, Safety standards for construction work; and WAC 296-307, Safety standards for agriculture.

The Federal Register, Volume 63, No. 230, December 1, 1998, adopted an OSHA final rule to amend 29 C.F.R. 1910, 1915, 1917, 1918, and 1926. The rule:

•	Revised operator training requirements to base the type of training required on the operators:

&lhlsqbul;	Knowledge and skills,
&lhlsqbul;	Types of powered industrial trucks the operator will operate in the workplace,
&lhlsqbul;	Hazards present in the workplace, and
&lhlsqbul;	Operator's demonstrated ability to operate the powered industrial truck.

•	Requires operator refresher training if:

&lhlsqbul;	The operator is involved in an accident or near-miss incident,
&lhlsqbul;	Observed operating the vehicle in an unsafe manner,
&lhlsqbul;	Determined during an evaluation to need additional training,
&lhlsqbul;	Workplace changes have occurred that affect safe operation of the truck, or
&lhlsqbul;	Assigned to operate a different kind of truck.

•	Requires each operator's performance to be evaluated as part of the initial and refresher training, at least once every three years.

The Department of Labor and Industries published the Rule Review Plan, in August 1997, to guide efforts for regulatory improvement through the year 2001 and beyond. This effort was in response to Governor Gary Locke's Executive Order 97-02 which mandated state agencies to review regulations to ensure they meet standards of need, effectiveness and efficiency, clarity, intent and statutory authority, coordination, cost and fairness.

These revisions incorporate mandated federal and state initiated changes. In an effort to extend equal protection of all workers, the department is proposing that these requirements encompass agricultural employers.

The following is a summarization of both the federally mandated and state-initiated amendments being proposed:

Federally mandated (by chapter):

WAC 296-24, General safety and health standards.

Amended Section: WAC 296-24-23025 Operator training.

Rewritten to introduced OSHA mandated criteria for:

•	Safe powered industrial truck operation.
•	Training program implementation.
•	Minimum training program content.
•	Operator refresher training and evaluation.
•	Prevention of duplicative training.
•	Record keeping requirements.

WAC 296-56, Safety standards--Longshore, stevedore and related waterfront operations.

Amended Section: WAC 296-56-60077(1) Powered industrial trucks, applicability: Added reference to WAC 296-24-230 for additional requirements for powered industrial trucks.

WAC 296-155, Safety standards for construction work.

Amended Section: WAC 296-155-615(3) Material handling equipment, lifting and hauling equipment:

Added reference to WAC 296-24-230 for additional requirements for powered industrial trucks.

State initiated amendments (by chapter):

WAC 296-24, General safety and health standards.

Amended Section: WAC 296-24-23001 Definitions.

•	Rewritten for clarity and ease of understanding; removed or modified language no longer common to the industry.

Amended Section: WAC 296-24-23003 General requirements.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.
•	Updated references to national and industry standards.

Amended Section: WAC 296-24-23005 Designations.

•	Rewritten for uniformity, clarity and ease of understanding.

Amended Section: WAC 296-24-23007 Designated locations.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.
•	Updated references to national and industry standards.
•	Revised tables for clarity and ease of use.

Amended Section: WAC 296-24-23009 Converted industrial trucks.

•	Rewritten for uniformity, clarity and ease of understanding.

Amended Section: WAC 296-24-23011 Safety guards.

•	Rewritten for uniformity, clarity and ease of understanding.

Amended Section: WAC 296-24-23013 Fuel handling and storage.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Updated references to national and industry standards.

Amended Section: WAC 296-24-23015 Changing and charging storage batteries.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.

Amended Section: WAC 296-24-23017 Lighting for operating areas.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.
•	Updated references to national and industry standards.

Amended Section: WAC 296-24-23019 Control of noxious gases and fumes.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.
•	Updated WAC references within the standard.

Amended Section: WAC 296-24-23021 Deckboards (bridge plates).

•	Rewritten for uniformity, clarity and ease of understanding.

Amended Section: WAC 296-24-23023 Truck and railroad cars.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.
•	Updated WAC references within the standard.

Amended Section: WAC 296-24-23027 Powered industrial truck operations.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.
•	Restated operator protection restraint requirements contained in WAC 296-24-073(2) to ensure uniform understanding and application.
•	Introduced material from WRD 78-25A regarding requirements for safety harness, lanyard and tieoff points when high lift order picker rider trucks are not equipped with guardrails.
•	Inclusion of this material and an illustration (figure 1) allows the rescission of WRD 78-25A.
•	Illustrations (figures) were renumbered.

Amended Section: WAC 296-24-23029 Traveling.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.

Amended Section: WAC 296-24-23031 Loading.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.

Amended Section: WAC 296-24-23035 Maintenance of industrial trucks.

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.

New Section: WAC 296-24-23037 Appendix 1 Stability of Powered Industrial Trucks--Nonmandatory Appendix. To assist employers in the implementation of OSHA mandated operator training requirements, introduced a nonmandatory appendix that does not add to, alter, or reduce requirements. Rather, the appendix standardizes definitions and provides information to assist in the understanding of principles regarding basic, triangular, longitudinal, lateral and dynamic stability of the powered industrial truck. Introduced Figures 2 and 3 to graphically demonstrate narrative descriptions.

WAC 296-56, Safety standards--Longshore, stevedore and related waterfront operations:

Amended Section: WAC 296-56-60077(1) Powered industrial trucks, applicability.

Added reference to WAC 296-24-230 for additional requirements for powered industrial trucks.

WAC 296-155, Safety standards for construction work:

Amended Section: WAC 296-155-615(3) Material handling equipment, lifting and hauling equipment.

•	Added reference to WAC 296-24-230 for additional requirements for powered industrial trucks.
•	Updated references to national and industry standards.

WAC 296-307, Safety standards for agriculture:

Rewritten to introduce criteria for:

•	Safe powered industrial truck operation.
•	Training program implementation.
•	Minimum training program content.
•	Operator refresher training and evaluation.
•	Prevention of duplicative training.
•	Record keeping requirements.

Amended Section: WAC 296-307-52005 What manufacturer's requirements apply to powered industrial trucks?

•	Amended to update references to national standards.

Amended Section: WAC 296-307-52007 What are the classifications of powered industrial trucks?

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.

Amended Section: WAC 296-307-52011 What requirements determine which trucks to use in specific hazardous environments?

•	Rewritten for uniformity, clarity and ease of understanding.
•	Removed or modified outdated information or references.

Amended Section: WAC 296-307-52019 What requirements apply to fuel handling and storage?

•	Amended to update references to national standards.

Amended Section: WAC 296-307-52021 What requirements apply to lighting for operating areas?

•	Amended to update references to national standards.

Amended Section: WAC 296-307-52023 What level of carbon monoxide gas is allowed?

•	Amended to clarify WAC reference.

Amended Section: WAC 296-307-52029 Who may operate powered industrial trucks?

•	Amended section title to read "What are the operator training requirements for powered industrial trucks?"
•	Introduced powered industrial truck training requirements identical to those to be mandated by the federal government and the state for employers within general industries (general safety and health standards), longshore, stevedore and related waterfront operations, and those in construction work.

New Section: WAC 296-307-52030 Is there any additional (nonmandatory) information that may assist me with powered industrial truck operator training?

•	Introduced nonmandatory information to assist in the training of powered industrial truck operators.

Amended Section: WAC 296-307-52031 What requirements apply to operating powered industrial trucks?

•	Added subsection clarifying when active operator protection restraint devices or systems must be used.
•	Rewritten for uniformity, clarity and ease of understanding.

Amended Section: WAC 296-307-52039 What requirements apply to traveling in a powered industrial truck?

•	Added subsection to clarify access requirements for fire aisles, stairways and fire equipment.

Amended Section: WAC 296-307-52047 What requirements apply to maintaining powered industrial trucks?

•	Removed outdated restriction on use of antifreeze.

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

Statute Being Implemented: RCW 49.17.

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 necessary because of federal law, 29 C.F.R. 1910, 1915, 1917, 1918 and 1926, Vol. 63, No. 230, December 1, 1998.

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 RCW 19.85.

SUMMARY OF PROPOSED RULE CHANGES: Some of the proposed amendments contain requirements that may have an economic impact on businesses in the agricultural industry. A partial summary of the proposed amendments is shown below:

1. Formalizing PIT operator training program requirements:

•	The employer must ensure the forklift operator's competence by meeting specific training and evaluation guidelines developed by the Department of Labor and Industries.
•	The employer must implement, or make available, a training program for powered industrial trucks. Currently, farm and agriculture organizations and equipment manufacturers offer forklift training and certification program. Other third party groups will be able to establish operator training and certification programs.
•	The employer's PIT training program must include the requirements specified in the standard. The primary elements for the training program are:

1.	Training by a knowledgeable and experienced instructor.
2.	Training that includes a combination of formal (lecture, written material) and practical (operation of forklift) instruction, followed by evaluation of the operator's performance in the workplace.
3.	Subjects that must be covered in powered truck operation training include: a.) Vehicle operating instructions, b.) information on controls and instrumentation, c.) information on motor operation, maintenance and refueling requirements, d.) concepts regarding vehicle stability and capacity.
4.	Subjects that must be covered in the worksite related training include: a.) Influence of surface conditions on safety, b.) load manipulation, pedestrian traffic, and c.) negotiating ramps, closed environments, or other hazardous areas.

2. Certification and refresher training:

•	The employer will be required to certify that each PIT operator has been trained and evaluated. Certification must include the name of the operator, date of training and evaluation and the identity of the persons/organization performing the evaluation.
•	Refresher training and evaluation will be required under the following circumstances:

1.	The operator has been observed to operate the vehicle in an unsafe manner or has been involved in a serious accident.
2.	The operator has been assigned to a different kind of forklift.
3.	The work place conditions have changed substantially so as to alter safe working conditions.
4.	Three years have passed since previous evaluation.

3. Safety:

•	An active operator restraining system (seat belt or enclosed cage) must be used when provided.

SMALL BUSINESS ECONOMIC IMPACT STATEMENT: The Regulatory Fairness Act, RCW 19.85, requires that the economic impact of proposed regulations on small businesses be examined relative to their impact on large businesses. The act outlines the requirements for a small business economic impact statement (SBEIS). For the purposes of an SBEIS the term small business is defined as a business entity that has the purpose of making a profit and has fifty or fewer employees. The agency must prepare an SBEIS when a proposed rule, or rule amendments, have the potential of placing a more than minor economic impact on business. For the agricultural industries considered, see Table 1 below, the minor impact thresholds range from fifty to sixty-seven dollars (1990 dollars) per business. These values are calculated as 0.1% of profits for a business of fifty employees (Guide for Facilitating Regulatory Fairness, 1993). The results in Table 3 below reveal that the costs created by proposed changes to WAC 296-307 exceed the minor cost thresholds for an SBEIS. The number and type of businesses potentially impacted by changes to WAC 296-307 are shown in Table 1 below:

Table 1: PIT survey categories, number of large and small businesses and corresponding employment.

SIC	Description	Total	Number	Small	Number	Percent	Large	Number	Percent
		Bus.	employees	Bus.	employees			employees
111	Wheat	6,184	57,495	6,018	38,131	66%	166	19,364	34%
115	Corn	857	1,674	857	1,674	100%	--	--	--
134	Irish potatoes	150	1,797	143	1,316	73%	7	481	27%
139	Field crops	453	4,435	438	2,542	57%	15	1,893	43%
161	Veg. and melons	359	3,660	349	2,776	76%	10	884	24%
171	Berry crops	223	1,825	216	1,215	67%	7	610	33%
172	Grapes	216	1,554	212	1,132	73%	4	422	27%
175	Decid. Trees	3,107	33,406	3,020	22,576	68%	87	10,830	32%
181	Ornam. Nursery	324	4,686	304	2,250	48%	20	2,436	52%
191	General farms	233	3,517	219	1,969	56%	14	1,548	44%
211	Cattle feedlots	26	483	22	162	34%	4	321	66%
212	Cattle	203	454	203	454	100%	--	--	--
241	Dairy farms	622	3,411	619	3,176	93%	3	235	7%
251	Chickens	20	39	20	39	100%	--	--	--
252	Chicken eggs	32	595	29	343	58%	3	252	42%
271	Fur-bearing animals	14	65	14	65	100%	--	--	--
711	Soil prep serv.	15	52	15	52	100%	--	--	--
	Total	13,038	119,148	12,698	79,872	67%	340	39,276	33%

Cost of Compliance: To assess the financial impact of the proposed amendments to WAC 296-307, the agency conducted a mail cost survey. A total of 450 surveys were sent to randomly selected businesses from a complete mailing list representing the agricultural industries shown in Table 1 above. Businesses with fewer than 2.5 FTE's were excluded from the mailing list since these smaller businesses seldom respond to surveys and are often found to have out of date or incorrect addresses. In addition, fifty surveys were sent to agriculture interest groups such as growers associations and cooperatives. The cost survey contained a brief summary of the proposed rule change and then asked the recipient to estimate their current costs for PIT operator training and the anticipated costs under the proposed PIT training requirements. Recipients were asked to supply their estimated current PIT training costs and the anticipated costs for each components of the proposed PIT training amendments: 1. Operator training, 2. Record keeping and 3. Refresher training. Information regarding the number hours spent on training and the number of full-time and seasonal employees was also requested in the survey.

A total of forty-seven surveys were returned, of which forty-four were useable, for an effective response rate of 8.8%. The low response rate may be attributed to several factors, the primary one being that apparently only a minority of agricultural businesses operates PITs. Approximately 80% of the returned surveys were from small businesses (fifty or fewer FTEs), 18% from large businesses and 2% (one survey) from a growers association (contained summary data). Table 1 indicates that approximately 97% of the potentially impacted businesses were small and 3% were large. The mailing list was composed of 84% small and 16% large businesses. Thus a slightly higher proportion of large businesses responded to the PIT survey.

Analysis of Survey Cost Data: The survey data was compiled and analyzed in an Excel spreadsheet. Costs for current PIT training compliance cost and anticipated costs under the proposed PIT training requirements were determined for small and large business entities. While data was generally used as reported, a few people may have misinterpreted the questions or responded in a strategic manner. Adjustments were made for one survey in particular that contained cost estimates far in excess of other reported costs.

Table 2 reveals the fraction of survey respondents that use PITs, total number of PITs, the fraction conducting PIT training and the fraction anticipating additional PIT training cost, record-keeping and refresher training cost.

Table 2: PIT survey results

Category	Small business	Large business
Percent using PITs	43	63
Total number of PITs in operation	33	40
Percent currently conducting PIT training*	60	75
Percent anticipating additional PIT training costs*	40	20
Percent anticipating added record-keeping costs*	74	80
Percent anticipating refresher PIT training costs*	50	60

*Based on those businesses with PITs.

Table 2 reveals that a higher percentage of responding large businesses use PITs and conduct PIT training programs. A larger percentage of the responding small businesses anticipate additional training costs under the proposed amendments to agriculture safety standards for powered industrial trucks. The fractions of large and small businesses anticipating additional record keeping and refresher training costs were roughly the same.

The average PIT training time requirements and compliance costs for small and large businesses are shown in Table 3 below. A small to large business ratio is also shown. Values significantly larger than 1.0 indicates a disproportionate impact on small business.

Table 3: PIT training time requirements and costs for large and small businesses.

Category	Small business	Large business	Small/Large
Current requirements
Time currently spent training PIT operators (hr.)	0.91	1.63	0.56
Current cost to train PIT operators ($/training ses.)	30	73	0.41
New requirements
Time to train operators under proposed rule (hr.)	1.9	2.5	0.76
New operator training cost ($/training session)	52	80	0.65
Record-keeping costs ($/yr.)	46	49	0.94
Refresher training cost ($/training session)	30	52	0.58
Total costs per full-time FTE ($/FTE-yr.)	80 (30)	36	2.2 (0.83)
Total costs per FTE ($/FTE-yr.)	13 (9.4)	2.5	5.2 (3.76)
Total compliance cost per PIT ($/PIT)	75	118	0.64

Values in parentheses have been adjusted for a high outlier value.

The results in Table 3 indicate that the time and costs requirements per operator trained for current compliance are higher for large businesses. Training time and costs are also projected to be higher for both large and small businesses under the proposed amendments to WAC 296-307. However, per operator time and costs values are still projected to be higher for large businesses under the proposed rule amendments. Examining the anticipated compliance costs per FTE or full-time FTE within a business, the costs appear significantly higher for the small business entities: Small to large cost ratios of 2.2 to 5.2. However, removal of the high cost outlier from the small business data set markedly changes the results. Compliance costs per full-time FTE are now slightly higher for the large businesses: Thirty-six versus thirty dollars per year: Small to large cost ratio of 0.83. Compliance costs per FTE (includes part-time and seasonal workers) are still higher for small businesses: 9.4 versus 2.5 dollars per year. Total compliance cost per PIT is significantly higher for large business: Small to large cost ratio of 0.64.

Conclusions: The survey results presented in the previous section indicate a more than minor impact on businesses from the proposed changes to WAC 296-307. Currently, large businesses take more time and spend more money to train each PIT operator. Under the proposed amendments for PITs, large businesses anticipate expending more time and money to train each PIT operator and to maintain records of their training. When the anticipated PIT training compliance costs are evaluated on a per FTE basis they are significantly higher for small businesses, even after adjustment for a high outlier response to the survey. Reexamination of the compliance costs on a full-time FTE basis reveals that costs are higher for large business entities. There are two reasons why it is more appropriate to evaluate compliance costs on a full-time FTE basis.

1. Few businesses actually allow part-time and seasonal workers to operate their PITs (approximately 20% do).

2. Because large businesses tend to hire more part-time and seasonal workers the apparent training compliance costs are reduced further for these entities.

For the above reasons compliance costs should be analyzed on a full-time FTE basis. Thus I conclude the proposed changes to WAC 296-307 will not have a disproportionate impact on small businesses.

Please contact (360) 902-6805 if you have questions regarding this analysis.

A copy of the statement may be obtained by writing to Greg Nothstein, Economic Analyst, Department of Labor and Industries, P.O. Box 44000, Olympia, WA 98504-4000, phone (360) 902-6805, fax (360) 902-4202.

RCW 34.05.328 applies to this rule adoption. Yes, however partially exempt. The proposed rule has increased requirements for employers adopting, without material change, federal OSHA regulations for other than agricultural employers. For employers in other than agricultural, the requirements of RCW 34.05.328 (5)(b)(iii) apply and therefore is exempt. For agricultural employers this rule is not exempt from the significant legislative rules criteria in RCW 34.05.328.

Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on September 8, 1999, at 1:30 p.m.; and at Cavanaugh's at Yakima Center, 607 East Yakima Avenue, Yakima, WA, on September 9, 1999, at noon and 6:30 p.m.

Assistance for Persons with Disabilities: Contact Josh Swanson by September 2, 1999, at (360) 902-5484.

Submit Written Comments to: Tracy Spencer, Standards Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, by 5:00 p.m. on September 20, 1999.

In addition to written comments, the department will accept comments submitted to fax (360) 902-5529. Comments submitted by fax must be ten pages or less.

Date of Intended Adoption: November 5, 1999.

August 2, 1999

Gary Moore

Director

OTS-3242.1

AMENDATORY SECTION(Amending WSR 99-02-024, filed 12/30/98, effective 3/30/99)

WAC 296-56-60077
Powered industrial trucks.

(1) Applicability.  This section applies to every type of powered industrial truck used for material or equipment handling within a marine terminal.  Employers must comply with the provisions of WAC 296-24-230 and this section. It does not apply to over-the-road vehicles.

(2) General.

(a) Modifications, such as adding counterweights, that might affect the vehicle's capacity or safety shall not be performed without either the manufacturer's prior written approval or the written approval of a professional engineer experienced with the equipment who has consulted with the manufacturer, if available.  Capacity, operation and maintenance instruction plates, tags or decals shall be changed to conform to the equipment as modified.

(b) Unauthorized personnel shall not ride on powered industrial trucks.  A safe place to ride shall be provided when riding is authorized.

(c) When a powered industrial truck is left unattended, load-engaging means shall be fully lowered, controls neutralized and brakes set.  Unless the truck is in view and within twenty-five feet (7.6 m) of the operator, power shall be shut off.  Wheels shall be blocked or curbed if the truck is on an incline.

(d) Powered industrial trucks shall not be operated inside highway vehicles or railcars having damage which could affect operational safety.

(e) Powered industrial trucks shall be marked with their rated capacities, which shall be visible to the operator.

(f) Only stable and safely arranged loads within the rated capacity of the truck shall be handled.

(g) Drivers shall ascend and descend grades slowly.

(h) Drivers shall slow down and sound the horn at crossaisles and other locations where visibility is obstructed.

(i) If the load obstructs the forward view drivers shall travel with the load trailing.

(j) Steering knobs shall not be used unless the truck is equipped with power steering.

(k) When powered industrial trucks use cargo lifting devices that have a means of engagement hidden from the operator, a means shall be provided to enable the operator to determine that the cargo has been engaged.

(l) When cargo is being towed on pipe trucks or similar equipment, a safe means shall be provided to protect the driver from sliding loads.

(3) Maintenance.

(a) Only designated persons shall perform maintenance and repair.

(b) Batteries on all powered trucks shall be disconnected during repairs to the primary electrical system unless power is necessary for testing and repair.  On trucks equipped with systems capable of storing residual energy, that energy shall be safely discharged before work on the primary electrical system begins.

(c) Replacement parts whose function might affect operational safety shall be equivalent in strength and performance capability to the original parts which they replace.

(d) Braking systems or other mechanisms used for braking shall be operable and in safe condition.

(e) Powered industrial trucks shall be maintained in safe working order.  Safety devices shall not be removed or made inoperative except as otherwise provided in this section.  Trucks with a fuel system leak or any other safety defect shall not be operated.

(f) Those repairs to the fuel and ignition systems of industrial trucks which involve fire hazards shall be conducted only in locations designated as safe for such repairs.

(4) Approved trucks.

(a) "Approved power-operated industrial truck" means one listed or approved for the intended use by a nationally recognized testing laboratory.

(b) Approved trucks acquired and used after February 15, 1972, shall bear a label or other identification indicating testing laboratory approval.

(c) When the atmosphere in an area is hazardous and the provisions of United States Coast Guard regulations at 33 CFR 126.15(e) do not apply, only power-operated industrial trucks approved for such locations shall be used.

(5) Duties of operator.

(a) A power-driven vehicle operator's special duties are:

(i) To operate the vehicle in a safe manner.

(ii) To test brakes, steering gear, lights, horns, or other warning devices, clutches, etc., before starting work.

(iii) To have the vehicle at all times under control so that it can be brought to an emergency stop in the clear space in front of the vehicle.

(iv) To back down any incline of two percent or more when traveling with a load on the fork lift jitney.

(b) Unobstructed view.  When traveling, power-propelled vehicles shall at all times be operated in a manner giving the operator a reasonably unobstructed view in the direction of travel.  Where this is impractical, the operator shall be directed in travel, by a person designated to do so.

(c) Employee riding safety.  Operators and authorized passengers shall not be permitted to ride with legs or arms extending outside any vehicle nor shall they be permitted to ride while standing unless the vehicle is designed to be operated from a standing position.

(d) Moving vehicles.  Vehicles shall be controlled manually while being pushed or towed except when a tow bar is used.  Special precautions shall be taken when pushing vehicles where view is obstructed.  Vehicles shall not be pushed with blades of a forklift.

(e) Moving highway trailers.  In all cargo operations involving the use of highway trailers, trailers shall be moved in such a manner that the moving trailer is completely under control at all times.  Special caution shall be exercised when such trailers are moving on inclines.  Trailers shall be loaded in a manner which will prevent the cargo from shifting, and the load in the trailer shall be evenly distributed so as not to cause the trailer to tip to one side.

(f) Prohibited forms of riding.  Riding on tongue or handles of trailers or forks of power-propelled vehicles is prohibited.

(g) Regular seats for riders.  No one except the operator shall ride on power-driven vehicles unless regular seats are provided to accommodate passengers.

(h) Jumping on or off moving vehicles.  Employees shall not jump on or off moving vehicles.

(i) Reporting defects.  If a power-driven vehicle is at any time found to be in any way unsafe, the operator shall report same immediately to the person in charge and such vehicle shall not be used for production work until it has been made safe.

(6) Vehicle equipment and maintenance.

(a) Horns and lights.  All power-propelled vehicles shall be provided with horns or other warning devices.

(b) Power-propelled vehicles used for night work, when required to travel away from an illuminated work area shall be equipped with a light or lights directed in the direction of travel in order to safely travel about the area.

(c) Guards on operator's platform.  Every power truck operated from an end platform or standing position shall be equipped with a substantial guard securely attached to the platform or frame of the vehicle in such a manner as to protect the operator from falling objects and so designed that the operator can easily mount or dismount from the operating station.

(d) Seat cushions.  All vehicles having a driver's seat shall be provided with resilient seat cushions fixed in place.

(e) Securing of counterbalances.  Counterbalances of all power-driven vehicles shall be positively secured to prevent accidental dislodging, but may be a removable type which may be removed, if desired, prior to hoisting the vehicle.

(f) Exhaust pipes and mufflers.  Exhaust pipes and mufflers of internal combustion engines, where workers are exposed to contact shall be isolated or insulated.  Exhaust pipes shall be constructed to discharge not less than seventy-two inches above the floor on jitneys and eighty-four inches on forklifts or less than twenty inches from the floor.

(g) Ventilation where internal combustion vehicles are used.  Internal combustion engines may be used only in areas where adequate ventilation is provided.

(h) Concentration levels of carbon monoxide gas created by powered industrial truck operations shall not exceed the levels specified in WAC 296-56-60055.

(i) When disputes arise concerning degree of concentration, methods of sampling to ascertain the conditions should be referred to a qualified industrial hygienist.

(j) Cargo truck couplings.  Couplings installed on cargo trucks (four-wheelers) shall be of a type which will prevent accidental disengaging.

(k) Operating levers.  Operating levers on power-driven vehicles shall be so placed as not to project toward the operator's body.

(l) Front axle assembly.  The front axle assembly on all trailers shall be securely fastened to the truck bed.

(m) Air line hook-up.  Tractors hauling heavy duty highway trailers shall have an air line brake hook-up.

(n) Floor mats.  On power-driven vehicles where the operator stands on a platform, resilient foot mats shall be securely attached.

(o) Cleaning vehicles.  All power-propelled vehicles shall be cleaned at frequent intervals to remove any accumulation of dust and grease that may present a hazard.

(7) Forklift trucks.

(a) Overhead guards.

(i) When operators are exposed to overhead falling hazards, forklift trucks shall be equipped with securely attached overhead guards.  Guards shall be constructed to protect the operator from falling boxes, cartons, packages, or similar objects.

(ii) Overhead guards shall not obstruct the operator's view, and openings in the top of the guard shall not exceed six inches (15.2 cm) in one of the two directions, width or length.  Larger openings are permitted if no opening allows the smallest unit of cargo being handled to fall through the guard.

(iii) Overhead guards shall be built so that failure of the vehicle's mast tilting mechanism will not displace the guard.

(iv) An overhead guard, otherwise required by this paragraph, may be removed only when it would prevent a truck from entering a work space and if the operator is not exposed to low overhead obstructions in the work space.

(v) Overhead guards shall be large enough to extend over the operator during all truck operations, including forward tilt.

(b) Supplies to ship's rail.  Cargo or supplies shall not be hoisted to or from ship's rail with a forklift.  This does not apply to ramp or side port loading.

(c) Position of forks.  When standing, lift forklift forks shall be lowered to floor.  When moving, lift forklift forks shall be kept as low as possible.

(d) Forklift use in gangplank moving.  Not less than two forklifts shall be used to place or remove gangplanks unless fork width prevents tipping and manufacturer's rated lifting capacity of the forklift is not exceeded.

(e) Forklift seat covers.  Seats on forklifts shall be provided with a removable waterproof cover when they are exposed to the weather.

(f) Raised equipment to be blocked.  Workers shall not work below the raised bed of a dump truck, raised buckets of front end loaders, raised blades of tractors or in similar positions without blocking the equipment in a manner that will prevent it from falling.  When working under equipment suspended by use of jacks, safety stands or blocking shall be used in conjunction with the jack.

(g) Maximum speed.  The maximum speed for forklifts on all docks shall not exceed eight miles per hour.  The speed limit shall be prominently posted on such docks.

(h) Load backrest extensions.  Where necessary to protect the operator, forklift trucks shall be fitted with a vertical load backrest extension to prevent the load from hitting the mast when the mast is positioned at maximum backward tilt.  For this purpose, a "load backrest extension" means a device extending vertically from the fork carriage frame to prevent raised loads from falling backward.

(i) Forks.  Forks, fork extensions and other attachments shall be secured so that they cannot be accidentally dislodged, and shall be used only in accordance with the manufacturer's recommendations.

(j) Counterweights.  Counterweights shall be so affixed that they cannot be accidentally dislodged.

(k) Capacities and weights.

(i) Forklift truck rated capacities, with and without removable counterweights, shall not be exceeded.  Rated capacities shall be marked on the vehicle and shall be visible to the operator.  The vehicle weight, with and without counterweight, shall be similarly marked.

(ii) If loads are lifted by two or more trucks working in unison, the total weight of the load shall not exceed the combined rated lifting capacity of all trucks involved.

(l) Lifting of employees.  Employees may be elevated by forklift trucks only when a platform is secured to the lifting carriage or forks.  The platform shall meet the following requirements:

(i) The platform shall have a railing complying with WAC 296-56-60123(3).

(ii) The platform shall have toeboards complying with WAC 296-56-60123(4), if tools or other objects could fall on employees below.

(iii) When the truck has controls which are elevated with the lifting carriage, means shall be provided for employees on the platform to shut off power to the vehicle.

(iv) Employees on the platform shall be protected from exposure to moving truck parts.

(v) The platform floor shall be skid resistant.

(vi) A truck operator shall be at the truck's controls when employees are elevated unless the truck's controls are elevated with the lifting carriage.

(vii) While employees are elevated, the truck may be moved only to make minor placement adjustments.

(8) Bulk cargo-moving vehicles.

(a) Where a seated operator may come into contact with projecting overhead members, crawler-type bulk-cargo-moving vehicles that are rider operated shall be equipped with operator guards.

(b) Guards and their attachment points shall be so designed as to be able to withstand, without excessive deflection, a load applied horizontally at the operator's shoulder level equal to the drawbar pull of the machine.

(c) After July 26, 1999, bulk cargo-moving vehicles shall be equipped with rollover protection of such design and construction as to prevent the possibility of the operator being crushed because of a rollover or upset.

(9) Straddle trucks.

(a) Accessibility.  Straddle trucks shall have a permanent means of access to the operator's station, including any handholds necessary for safe ascent and descent.

(b) Guarding.

(i) Main sprockets and chains to the wheels shall be guarded as follows:

(A) The upper sprocket shall be fully enclosed;

(B) The upper half of the lower sprocket shall be enclosed; and

(C) The drive chain shall be enclosed to a height of eight feet (2.6 m) except for that portion at the lower half of the lower sprocket.

(ii) Gears shall be fully enclosed and revolving parts which may be contacted by the operator shall be guarded.

(iii) When straddle trucks are used in the vicinity of employees, personnel-deflecting guards shall be provided around leading edges of front and rear wheels.

(c) Visibility.  Operator visibility shall be provided in all directions of movement.

(10) Trailer-spotting tractors.

(a) Trailer-spotting tractors (fifth wheels) shall be fitted with any hand grabs and footing necessary for safe access to the fifth wheel.

(b) Rear cab windows shall be of safety glass or equivalent material.

[Statutory Authority: RCW 49.17.040.   WSR 99-02-024, § 296-56-60077, filed 12/30/98, effective 3/30/99.  Statutory Authority: RCW 49.17.040 and RCW 49.17.050.  86-03-064 (Order 86-02), § 296-56-60077, filed 1/17/86; 85-10-004 (Order 85-09), § 296-56-60077, filed 4/19/85; 85-01-022 (Order 84-24), § 296-56-60077, filed 12/11/84.]

OTS-3244.2

AMENDATORY SECTION(Amending WSR 98-24-096, filed 12/1/98, effective 3/1/99)

WAC 296-307-52005
What manufacturer's requirements apply to powered industrial trucks?

(1) All powered industrial trucks ((must meet the design and construction requirements for powered industrial trucks established in the ANSI B56.1-1969, "Powered Industrial Trucks.")) in use by an employer must meet the applicable requirements of design, construction and stability as defined by the American National Standards Institute B56.1-1969, Safety Standards for Powered Industrial Trucks, except for vehicles intended primarily for earth moving or over-the-road hauling. All new powered industrial trucks acquired and used by an employer on or after March 1, 2000, must meet the applicable requirements of design, construction and stability as defined in ASME B56.1-1993. The employer must ensure that all powered industrial trucks are inspected, maintained and operated in accordance with this section and the manufacturer's recommendations and specifications.

(2) Approved trucks must have a label indicating approval by the testing laboratory as meeting the specifications and requirements of ((ANSI)) ASME B56.1-((1969)) 1993.

(3) Modifications or additions must only be performed with the manufacturer's prior written approval.  When modifications or additions are made, capacity, operation, and maintenance instruction plates, tags, or decals must be changed accordingly.

(4) If the truck is equipped with front-end attachments other than factory installed attachments, it must be marked to identify the attachments and show the approximate weight of the truck and attachment combination at maximum elevation with the load centered from side to side.

(5) The user must ensure that all nameplates and markings are in place and legible.

[Statutory Authority: RCW 49.17.040.   WSR 98-24-096, § 296-307-52005, filed 12/1/98, effective 3/1/99; Recodified as § 296-307-52005.  97-09-013, filed 4/7/97, effective 4/7/97.  Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-22-048, § 296-306A-52005, filed 10/31/96, effective 12/1/96.]

Powered industrial trucks are identified according to the following classifications:

(1) "D" ((units are similar to G units except that they are diesel engine powered instead of gasoline engine powered)) refers to trucks that are diesel engine powered that have minimum safeguards against inherent fire hazards.

(2) "DS" ((units are)) refers to diesel powered ((units)) trucks with additional safeguards to the exhaust, fuel, and electrical systems.  ((They may be used in some locations where a D unit may not be considered suitable.))

(3) "DY" ((units are)) refers to diesel powered ((units)) trucks that have all the safeguards of the DS ((units)) trucks; in addition, ((they do not have)) any electrical equipment((, including the ignition, and)) is completely enclosed. They are equipped with temperature limitation features.

(4) "E" ((units are)) refers to electrically powered ((units)) trucks with minimum acceptable safeguards against inherent fire hazards.

(5) "ES" ((units are)) refers to electrically powered ((units)) trucks that, in addition to all of the requirements for the E ((units)) trucks, are provided with additional safeguards to the electrical system to prevent emission of hazardous sparks and to limit surface temperatures.  ((They may be used in some locations where the use of an E unit may not be considered suitable.))

(6) "EE" ((units are)) refers to electrically powered ((units)) trucks that have, in addition to all of the requirements for the ES ((units)) type trucks, have their electric motors and all other electrical equipment completely enclosed.  ((The EE unit may be used where the use of an E or ES unit may not be considered suitable.))

(7) "EX" ((units are)) refers to electrically powered ((units)) trucks that differ from E, ES, or EE ((units)) trucks in that the electrical fittings and equipment are so designed, constructed, and assembled that the ((units may)) trucks can be used in ((certain)) atmospheres containing flammable vapors or dusts.

(8) "G" ((units are)) refers to gasoline powered ((units having)) trucks that have minimum acceptable safeguards against inherent fire hazards.

(9) "GS" ((units are)) refers to gasoline powered ((units)) trucks with additional safeguards to the exhaust, fuel, and electrical systems.  ((They may be used in some locations where the use of a G unit may not be considered suitable.))

(10) "LP" ((units are similar to G units except that LP-gas is used for fuel instead of gasoline)) refers to liquified petroleum gas-powered trucks that have minimum acceptable safeguards against inherent fire hazards.

(11) "LPS" ((units are)) refers to LP-gas powered ((units)) trucks that in addition to meeting the requirements for LP trucks, are provided with additional safeguards to the exhaust, fuel, and electrical systems.  ((They may be used in some locations where the use of an LP unit may not be considered suitable.))

[Recodified as § 296-307-52007.  97-09-013, filed 4/7/97, effective 4/7/97.  Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-22-048, § 296-306A-52007, filed 10/31/96, effective 12/1/96.]

Following are the minimum truck types required in specific hazardous environments.  You may choose to use industrial trucks having greater safeguards. Tables W-1 and W-2 give specific vehicle usage information by Group and Class.

Place illustration here.

Place illustration here.

(1) Powered industrial trucks are prohibited in atmospheres with a hazardous concentration of ((acetylene, butadiene, ethylene oxide, hydrogen (or gases or vapors equivalent in hazard to hydrogen, such as manufactured gas), propylene oxide, acetaldehyde, cyclopropane, diethyl ether, ethylene, isoprene)):

• Acetaldehyde,

• Acetylene,

• Butadiene,

• Cyclopropane,

• Diethyl ether,

• Ethylene,

• Ethylene oxide,

• Hydrogen (or gases or vapors equivalent in hazard to hydrogen, such as manufactured gas),

• Isoprene,

• Propylene oxide, or

• Unsymmetrical dimethyl hydrazine (UDMH).

(a) Approved EX trucks ((must)) may be used in atmospheres containing hazardous concentrations of metal dust, including:

• Aluminum, magnesium, and their commercial alloys;

• Other metals of similarly hazardous characteristics; or

• In atmospheres containing:

&lhlsqbul; Carbon black,

&lhlsqbul; Coal, or

&lhlsqbul; Coke dust.

(b) In atmospheres where dust of magnesium, aluminum or aluminum bronze may be present, fuses, switches, motor controllers, and circuit breakers of trucks must have enclosures specifically approved for such locations.

(2) Approved EX trucks ((must)) may be used in atmospheres containing

• Acetone,

• Acrylonitrile,

• Alcohol,

• Ammonia,

• Benzine,

• Benzol,

• Butane,

• Ethylene dichloride,

• Gasoline,

• Hexane,

• Lacquer solvent vapors,

• Naphtha,

• Natural gas,

• Propane,

• Propylene,

• Styrene,

• Vinyl acetate,

• Vinyl chloride, or

• Xylenes

in quantities sufficient to produce explosive or ignitable mixtures.

(3) Approved DY, EE, or EX trucks ((must)) may be used in locations where volatile flammable liquids or flammable gases are handled, processed or used, if the hazardous liquids, vapors or gases are normally confined within closed containers or closed systems from which they can escape only in case of accidental rupture or breakdown, or in case of abnormal equipment operation.

Approved DY, EE, or EX trucks may also be used in locations in which hazardous concentrations of gases or vapors are normally prevented by mechanical ventilation but that might become hazardous through failure or abnormal operation of the ventilating equipment.

(4) Approved DS, ES, GS, or LPS trucks ((must)) may be used in locations used for the storage of hazardous liquids in sealed containers or liquefied or compressed gases in containers.  This classification includes locations where volatile flammable liquids or flammable gases or vapors are used but are hazardous only in case of an accident or an unusual operation condition.

The quantity of hazardous material that might escape in case of accident, the adequacy of ventilating equipment, the total area involved, and the business's history of explosions or fires are all factors that should be considered in determining which truck has sufficient safeguards for the location.

(a) Approved EX trucks ((must)) may be used in atmospheres in which combustible dust is or may be suspended in quantities sufficient to produce explosive or ignitable mixtures, or where mechanical failure or abnormal operation of machinery or equipment might cause such mixtures to be produced.

(b) The EX classification usually includes the working areas of:

• Grain handling and storage plants,

• Rooms containing grinders or pulverizers,

• Cleaners,

• Graders,

• Scalpers,

• Open conveyors or spouts,

• Open bins or hoppers,

• Mixers or blenders,

• Automatic or hopper scales,

• Packing machinery,

• Elevator heads and boots,

• Stock distributors,

• Dust and stock collectors (except all-metal collectors vented to the outside),

and all similar dust producing machinery and equipment in:

&lhlsqbul; Grain processing plants,

&lhlsqbul; Starch plants,

&lhlsqbul; Sugar pulverizing plants,

&lhlsqbul; Malting plants,

&lhlsqbul; Hay grinding plants, and other similar locations; and,

&lhlsqbul; Areas where combustible dust may, under normal operating conditions, be present in the air in quantities sufficient to produce explosive or ignitable mixtures.

(5) Approved DY, EE, or EX trucks ((must)) may be used in atmospheres in which deposits or accumulations of combustible dust may be ignited by arcs or sparks from the truck, if combustible dust will not normally be suspended or thrown into suspension by the normal operation of equipment or apparatus in quantities sufficient to produce explosive or ignitable mixtures.

(6) Approved DY, EE, or EX trucks ((must)) may be used in locations with easily ignitable fibers or flyings if the fibers or flyings are not likely to be suspended in quantities sufficient to produce ignitable mixtures.

(7) Approved DS, DY, ES, EE, EX, GS, or LPS trucks ((must)) may be used in locations, including outside storage, where easily ignitable fibers are stored or handled, but are not processed or manufactured.  E trucks that have been previously used in these locations may continue to be used.

(8) If storage warehouses and outside storage locations are hazardous, the specified approved truck must be used.  If not classified as hazardous, any approved D, E, G, or LP truck may be used, or trucks meeting the requirements for these types may be used.

[Statutory Authority: RCW 49.17.040.   WSR 98-24-096, § 296-307-52011, filed 12/1/98, effective 3/1/99; Recodified as § 296-307-52011.  97-09-013, filed 4/7/97, effective 4/7/97.  Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-22-048, § 296-306A-52011, filed 10/31/96, effective 12/1/96.]

(1) You must ensure that liquid fuels such as gasoline and diesel fuel are stored and handled according to NFPA Flammable and Combustible Liquids Code (NFPA No. 30-((1969)) 1996).

(2) You must ensure that LP-gas fuel is stored and handled according to NFPA Storage and Handling of Liquefied Petroleum Gases (NFPA No. 58-((1969)) 1998).

[Recodified as § 296-307-52019.  97-09-013, filed 4/7/97, effective 4/7/97.  Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-22-048, § 296-306A-52019, filed 10/31/96, effective 12/1/96.]

(1) Adequate lighting should be provided in operating areas.  (See ANSI Practice for Industrial Lighting, ((All.1-1965 (R1970))) ANSI/IES RP-7 1990.)

(2) Where general lighting is inadequate, directional lighting must be provided on the truck.

[Recodified as § 296-307-52021.  97-09-013, filed 4/7/97, effective 4/7/97.  Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-22-048, § 296-306A-52021, filed 10/31/96, effective 12/1/96.]

Concentration levels of carbon monoxide gas created by truck operations must not exceed the levels specified in WAC 296-62-075, Part L (general occupational health standards).

Note:

Questions concerning degree of concentration and methods of sampling should be referred to a qualified industrial hygienist.

[Recodified as § 296-307-52023.  97-09-013, filed 4/7/97, effective 4/7/97.  Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-22-048, § 296-306A-52023, filed 10/31/96, effective 12/1/96.]

((You must only allow trained and authorized operators to operate powered industrial trucks.  You must provide training in the safe operation of powered industrial trucks to employee-operators.)) (1) Safe operation.

(a) The employer must ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this section.

(b) Prior to permitting an employee to operate a powered industrial truck (except for training purposes), the employer must ensure that each operator has successfully completed the training required by this section.

(2) Training program implementation.

(a) Trainees may operate a powered industrial truck only:

(i) Under the direct supervision of persons who have the knowledge, training, and experience to train operators and evaluate their competence; and

(ii) Where such operation does not endanger the trainee or other employees.

Note:

The employer, or any other qualified person of the employer's choosing, may give required training and evaluation.

(b) Training must consist of a combination of:

• Formalized instruction (which may include lecture, discussion, interactive computer learning, video tape and/or written material);

• Practical training (demonstrations performed by the trainer and practical exercises performed by the trainee); and

• Evaluation of the operator's performance in the workplace.

(c) All operator training and evaluation must be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.

(3) Training program content. Powered industrial truck operators must receive initial training in the topics that follow, except in topics that the employer can demonstrate are not applicable to safe operation of the truck in the employer's workplace.

(a) Truck-related topics:

• Operating instructions, warnings and precautions for the types of truck the operator will be authorized to operate;

• Differences between the truck and the automobile;

• Truck controls and instrumentation: Where they are located, what they do, and how they work;

• Engine or motor operation;

• Steering and maneuvering;

• Visibility (including restrictions due to loading);

• Fork and attachment adaption, operation, and use limitations;

• Vehicle capacity;

• Vehicle stability;

• Any vehicle inspection and maintenance that the operator will be required to perform;

• Refueling and/or charging and recharging of batteries;

• Operating limitations;

• Any other operating instructions, warnings, or precautions listed in the operator's manual for the types of vehicle that the employee is being trained to operate.

(b) Workplace-related topics:

• Surface conditions where the vehicle will be operated;

• Composition of loads to be carried and load stability;

• Load manipulation, stacking, and unstacking;

• Pedestrian traffic in areas where the vehicle will be operated;

• Narrow aisles and other restricted places where the vehicle will be operated;

• Hazardous (classified) locations where the vehicle will be operated;

• Ramps and other sloped surfaces that could affect the vehicle's stability;

• Closed environments and other areas where insufficient ventilation or poor vehicle maintenance could cause a buildup of carbon monoxide or diesel exhaust;

• Other unique or potentially hazardous environmental conditions in the workplace that could affect safe operation.

(4) Refresher training and evaluation.

(a) Refresher training, including an evaluation of the effectiveness of that training, must be conducted as required by subsection (2)(b) of this section, to ensure that the operator has the knowledge and skills needed to operate the powered industrial truck safely.

(b) Refresher training in relevant topics must be provided to the operator when:

• The operator has been observed to operate the vehicle in an unsafe manner;

• The operator has been involved in an accident or near-miss incident;

• The operator has received an evaluation that reveals that the operator is not operating the truck safely;

• The operator is assigned to drive a different type of truck; or

• The condition in the workplace changes in a manner that could affect safe operation of the truck.

(c) An evaluation of each powered industrial truck operator's performance must be conducted at least once every three years.

(5) Avoidance of duplicative training. If an operator has previously received training in a topic specified in subsection (3) of this section, and such training is appropriate to the truck and working conditions encountered, additional training in that topic is not required if the operator has been evaluated and found competent to operate the truck safely, within three years.

(6) Recordkeeping. Employers must keep records showing that each operator has been trained and evaluated as required by this section. These records must include the name of the operator, the date of the training, the date(s) of the evaluation, and the name of the person(s) giving the training or evaluation.

(7) Implementation dates. The employer must ensure that operators of powered industrial trucks are trained, as appropriate, by the effective date of this section. Employees hired on or after the effective date of this section must be trained and evaluated prior to being assigned to operate a powered industrial truck.

(8) Nonmandatory guidance. To assist employers in implementing operator training requirements, a nonmandatory appendix has been added as WAC 296-307-52030. This appendix does not add to, alter, or reduce the requirements of this section.

[Recodified as § 296-307-52-52029.  97-09-013, filed 4/7/97, effective 4/7/97.  Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-22-048, § 296-306A-52029, filed 10/31/96, effective 12/1/96.]

(1) Definitions. The following definitions may help to explain the principle of stability:

"Center of gravity" means the point on an object at which all of the object's weight is concentrated. For symmetrical loads, the center of gravity is at the middle of the load.

"Counterweight" means the weight that is built into the truck's basic structure and is used to offset the load's weight and to maximize the vehicle's resistance to tipping over.

"Fulcrum" means the truck's axis of rotation when it tips over.

"Grade" means the slope of a surface, which is usually measured as the number of feet of rise or fall over a hundred foot horizontal distance (the slope is expressed as a percent).

"Lateral stability" means a truck's resistance to overturning sideways.

"Line of action" means an imaginary vertical line through an object's center of gravity.

"Load center" means the horizontal distance from the load's edge (or the fork's or other attachment's vertical face) to the line of action through the load's center of gravity.

"Longitudinal stability" means the truck's resistance to overturning forward or rearward.

"Moment" means the product of the object's weight times the distance from a fixed point (usually the fulcrum). In the case of a powered industrial truck, the distance is measured from the point at which the truck will tip over to the object's line of action. The distance is always measured perpendicular to the line of action.

"Track" means the distance between the wheels on the same axle of the truck.

"Wheelbase" means the distance between the centerline of the vehicle's front and rear wheels.

(2) General.

(a) Determining the stability of a powered industrial truck is simple once a few basic principles are understood. There are many factors that contribute to a vehicle's stability: The vehicle's wheelbase, track, and height; the load's weight distribution; and the vehicle's counterweight location (if the vehicle is so equipped).

(b) The "stability triangle," used in most stability discussions, demonstrates stability simply (see Figures 2 and 3).

(3) Basic principles.

(a) Whether an object is stable depends on the object's "moment" (see definitions, this section) at one end of a system being greater than, equal to, or smaller than the object's moment at the system's other end. This principle can be seen in the way a seesaw or teeter-totter works: That is, if the product of the load and distance from the fulcrum (moment) is equal to the moment at the device's other end, the device is balanced and it will not move. However, if there is a greater moment at one end of the device, the device will try to move downward at the end with the greater moment.

(b) The longitudinal stability of a counterbalanced powered industrial truck depends on the vehicle's moment and the load's moment. In other words, if the mathematic product of the load-moment (the distance from the front wheels, the approximate point at which the vehicle would tip forward) to the load's center of gravity times the load's weight is less than the vehicle's moment, the system is balanced and will not tip forward. However, if the load's moment is greater than the vehicle's moment, the greater load-moment will force the truck to tip forward.

(4) The stability triangle.

(a) Almost all counterbalanced powered industrial trucks have a three-point suspension system, that is, the vehicle is supported at three points. This is true even if the vehicle has four wheels. The truck's steer axle is attached to the truck by a pivot pin in the axle's center. When the points are connected with imaginary lines, this three-point support forms a triangle called the stability triangle. Figure 1 depicts the stability triangle.

Place illustration here.

Notes:	1. When the vehicle is loaded, the combined center of gravity shifts toward line B-C. Theoretically, the maximum load will result in the center of gravity at the line B-C. In actual practice, the combined center of gravity should never be at line B-C.
	2. The addition of additional counterweight will cause the truck center of gravity to shift toward point A and result in a truck that is less stable laterally.

(b) When the vehicle's line of action, or load center, falls within the stability triangle, the vehicle is stable and will not tip over. However, when the vehicle's line of action or the vehicle/load combination falls outside the stability triangle, the vehicle is unstable and may tip over.

Place illustration here.

Notes:	1. When the vehicle is loaded, the combined center of gravity shifts toward line B-C. Theoretically, the maximum load will result in the center of gravity at the line B-C. In actual practice, the combined center of gravity should never be at line B-C.
	2. The addition of additional counterweight will cause the truck center of gravity to shift toward point A and result in a truck that is less stable laterally.

(5) Longitudinal stability.

(a) The axis of rotation when a truck tips forward is the front wheels' points of contact with the pavement. When a powered industrial truck tips forward, the truck will rotate about this line. When a truck is stable, the vehicle-moment must exceed the load-moment. As long as the vehicle-moment is equal to or exceeds the load-moment, the vehicle will not tip over. On the other hand, if the load-moment slightly exceeds the vehicle-moment, the truck will begin to tip forward, thereby causing the rear to lose contact with the floor or ground and resulting in loss of steering control. If the load-moment greatly exceeds the vehicle-moment, the truck will tip forward.

(b) To determine the maximum safe load-moment, the truck manufacturer normally rates the truck at a maximum load at a given distance from the front face of the forks. The specified distance from the front face of the forks to the line of action of the load is commonly called the load center. Because larger trucks normally handle loads that are physically larger, these vehicles have greater load centers. Trucks with a capacity of 30,000 pounds or less are normally rated at a given load weight at a 24-inch load center. Trucks with a capacity greater than 30,000 pounds are normally rated at a given load weight at a 36- or 48-inch load center. To safely operate the vehicle, the operator should always check the data plate to determine the maximum allowable weight at the rated load center.

(c) Although the true load-moment distance is measured from the front wheels, this distance is greater than the distance from the front face of the forks. Calculating the maximum allowable load-moment using the load-center distance always provides a lower load-moment than the truck was designed to handle. When handling unusual loads, such as those that are larger than 48 inches long (the center of gravity is greater than 24 inches) or that have an offset center of gravity, etc., a maximum allowable load-moment should be calculated and used to determine whether a load can be safely handled. For example, if an operator is operating a 3,000-pound capacity truck (with a 24-inch load center), the maximum allowable load-moment is 72,000 inch-pounds (3,000 times 24). If a load is 60 inches long (30-inch load center), then the maximum that this load can weigh is 2,400 pounds (72,000 divided by 30).

(6) Lateral stability.

(a) The vehicle's lateral stability is determined by the line of action's position (a vertical line that passes through the combined vehicle's and load's center of gravity) relative to the stability triangle. When the vehicle is not loaded, the truck's center of gravity location is the only factor to be considered in determining the truck's stability. As long as the line of action of the combined vehicle's and load's center of gravity falls within the stability triangle, the truck is stable and will not tip over. However, if the line of action falls outside the stability triangle, the truck is not stable and may tip over. Refer to Figure 3.

(b) Factors that affect the vehicle's lateral stability include the load's placement on the truck, the height of the load above the surface on which the vehicle is operating, and the vehicle's degree of lean.

(7) Dynamic stability.

(a) Up to this point, the stability of a powered industrial truck has been discussed without considering the dynamic forces that result when the vehicle and load are put into motion. The weight's transfer and the resultant shift in the center of gravity due to the dynamic forces created when the machine is moving, braking, cornering, lifting, tilting, and lowering loads, etc., are important stability considerations.

(b) When determining whether a load can be safely handled, the operator should exercise extra caution when handling loads that cause the vehicle to approach its maximum design characteristics. For example, if an operator must handle a maximum load, the load should be carried at the lowest position possible, the truck should be accelerated slowly and evenly, and the forks should be tilted forward cautiously. However, no precise rules can be formulated to cover all of these eventualities.

[]

(1) No operator may drive a truck up to anyone standing in front of a fixed object.

(2) No one may stand or pass under the elevated portion of any truck, whether loaded or empty.

(3) ((Only authorized personnel may)) Employers must not allow people to ride on powered industrial trucks((.  The truck must have)) unless a safe place to ride ((when riding is authorized)) is provided.

(4) ((You)) Employers must prohibit employees from placing ((their arms or legs)) Any body parts between the uprights of the mast or outside the running lines of the truck.

(5) When an operator leaves a powered industrial truck unattended:

(a) The load must be fully lowered;

(b) The controls must be neutralized;

(c) The power must be shut off; and

(d) The brakes must be set.

(e) If the truck is parked on an incline, the wheels must be blocked.

A powered industrial truck is "unattended" when the operator is 25 feet or more away from the vehicle, which remains in view, or whenever the operator leaves the vehicle and it is not in view.

(6) When a truck operator is dismounted, within 25 feet of the truck, and still in view, the load must be fully lowered, the controls must be neutralized, and the brakes must be set to prevent movement.

(7) The operator must maintain a safe distance from the edge of ramps or platforms while operating on any elevated dock, or platform or freight car.

(8) There must be enough headroom for trucks to operate under overhead installations, lights, pipes, sprinkler systems, or other overhead projections.

(9) An active operator protection restraint device (such as a seatbelt or lap-bar) or system must be used, when provided.

[Recodified as § 296-307-52031.  97-09-013, filed 4/7/97, effective 4/7/97.  Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-22-048, § 296-306A-52031, filed 10/31/96, effective 12/1/96.]

(1) The operator must maintain a safe distance of approximately three truck lengths from the truck ahead.  The truck must be kept under control at all times.

(2) The operator must yield the right of way to ambulances, fire trucks, or other vehicles in emergency situations.

(3) Passing other trucks traveling in the same direction at intersections, blind spots, or other dangerous locations is prohibited.

(4) Railroad tracks must be crossed diagonally wherever possible.  The operator must not park closer than 8 feet from the center of railroad tracks.

(5) The operator must look in the direction of, and keep a clear view of, the path of travel.

(6) Stunt driving and horseplay are prohibited.

(7) The operator must approach elevators slowly, and then enter squarely after the elevator car is properly leveled.  Once on the elevator, the operator must neutralize controls, shut off power, and set the brakes.

(8) Motorized hand trucks must enter elevator or other confined areas with load end forward.

(9) The operator must avoid running over loose objects on the roadway surface.

(10) Access to fire aisles, stairways, and fire equipment must be kept clear.

[Recodified as § 296-307-52039.  97-09-013, filed 4/7/97, effective 4/7/97.  Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-22-048, § 296-306A-52039, filed 10/31/96, effective 12/1/96.]

(1) Powered industrial trucks must be removed from service when not in safe operating condition.  All repairs must be made by an authorized employee.

(2) No repairs may be made in Class I, II, and III locations.

(3) When repairs to fuel and ignition systems of industrial trucks involve fire hazards, the repairs must be conducted only in designated locations.

(4) Trucks in need of repairs to the electrical system must have the battery disconnected prior to repair.

(5) Industrial truck parts must be replaced only by parts of equivalent safety.

(6) Industrial trucks must not be altered so that the relative positions of parts are different from when they were manufactured.  Industrial trucks must not have parts added or eliminated, except as provided in WAC 296-307-52005.  Fork trucks must not have additional counterweighting added unless approved by the truck manufacturer.

(7) Industrial trucks must be examined at least daily before being placed in service.  Industrial trucks must not be placed in service if the examination shows any unsafe condition.

Where industrial trucks are used on a round-the-clock basis, they shall be examined after each shift.  Defects must be immediately reported and corrected.

(8) Water mufflers must be filled daily or as frequently as necessary to prevent the water supply from dropping below 75 percent.  Vehicles must not be operated if muffler screens or other parts are clogged.  Any vehicle that emits hazardous sparks or flames from the exhaust system must immediately be removed from service until the emission of such sparks and flames has been eliminated.

(9) When the temperature of any part of any truck exceeds its normal operating temperature, the vehicle must be removed from service until the cause for overheating has been eliminated.

(10) Industrial trucks must be kept clean and free of excess accumulations of combustible materials, oil, and grease.  Noncombustible agents should be used for cleaning trucks.  Low flash point (below 100°F) solvents must not be used.  High flash point (at or above 100°F) solvents may be used.  Take precautions regarding toxicity, ventilation, and fire hazard according to the agent or solvent used.

(11) ((Glycol base antifreeze must be used in the engine cooling system.

(12))) Industrial trucks originally approved to use gasoline fuel may be converted to use LP-gas fuel if the converted truck has the features specified for LP or LPS designated trucks.  The converted equipment must be approved.  You may find a description of the conversion system and the recommended method of installation in the "listed by report" of a nationally recognized testing laboratory.

[Statutory Authority: RCW 49.17.040.   WSR 98-24-096, § 296-307-52047, filed 12/1/98, effective 3/1/99; Recodified as § 296-307-52047.  97-09-013, filed 4/7/97, effective 4/7/97.  Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-22-048, § 296-306A-52047, filed 10/31/96, effective 12/1/96.]

OTS-3241.2

AMENDATORY SECTION(Amending Order 88-25, filed 11/14/88)

WAC 296-24-23001
Definition.

These definitions are applicable to all sections of this chapter containing WAC 296-24-230 in the section number.  ((As used in those sections,)) The terms, "approved truck" or "approved industrial truck" as used in this section, mean((s)) a truck that is listed or approved for fire safety purposes for the intended use by a nationally recognized testing laboratory, using nationally recognized testing standards.  Refer to WAC 296-24-58501(19) for definition of listed, and to federal regulation 29 CFR 1910.7 for definition of nationally recognized testing laboratory.

[Statutory Authority: RCW 49.17.  88-23-054 (Order 88-25), § 296-24-23001, filed 11/14/88; Order 74-27, § 296-24-23001, filed 5/7/74; Order 73-5, § 296-24-23001, filed 5/9/73 and Order 73-4, § 296-24-23001, filed 5/7/73.]

These requirements are applicable to all sections of this chapter containing the WAC 296-24-230 in the section number.

(1) This section contains safety requirements relating to fire protection design, maintenance, and use of:

• Fork trucks,

• Forklifts,

• Tractors,

• Platform lift trucks,

• Motorized hand trucks, and

• Other specialized industrial trucks, powered by electric motors or internal combustion engines.  This section does not apply to:

• Compressed gas-operated industrial trucks, ((nor to))

• Farm vehicles, ((to))

• Vehicles intended primarily for earth moving or over-the-road hauling.

(2) All ((new)) powered industrial trucks ((acquired and used)) in use by an employer ((after the effective date of these standards shall)) must meet the applicable requirements of design ((and)), construction ((requirements for powered industrial trucks established in)) and stability as defined by the "American National Standards Institute B56.1-1969, Safety Standards for Powered Industrial Trucks, ((Part II, ANSI B56.1-1969,))" except for vehicles intended primarily for earth moving or over-the-road hauling. All new powered industrial trucks acquired and used by an employer on or after March 1, 2000, must meet the applicable requirements of design, construction and stability as defined in ASME B56.1-1993. The employer must ensure that all powered industrial trucks are inspected, maintained and operated in accordance with this section and the manufacturer's recommendations and specifics.

(3) Approved trucks ((shall)) must bear a label or some other identifying mark indicating approval by the testing laboratory as meeting the specifications and requirements of ((ANSI)) ASME B56.1-((1969)) 1993.

(4) Modifications and additions which affect capacity and safe operation ((shall)) must not be performed ((by the customer or user)) without manufacturer's prior written approval.  ((Capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly.)) When the manufacturer has granted modification, the capacity, operation and maintenance instruction plates, tags or decals must be changed accordingly.

(5) If the truck is equipped with front-end attachment(s) ((other than factory installed attachments, it shall be)), including fork extensions, the employer must ensure the truck is marked to identify the attachment(s) ((and)), show the approximate weight of the truck and attachment combination ((at)), and show the maximum capacity of the truck with attachment(s) at the maximum elevation with load laterally centered.

(6) The ((user shall)) employer must see that all nameplates and markings are in place and are maintained in a legible condition.

[Order 76-6, § 296-24-23003, filed 3/1/76; Order 74-27, § 296-24-23003, filed 5/7/74; Order 73-5 § 296-24-23003, filed 5/9/73 and Order 73-4, § 296-24-23003, filed 5/7/73.]

((For the purpose of this standard there are)) Eleven ((different)) designations of powered industrial trucks (forklifts) or tractors ((as follows: D, DS, DY, E, ES, EE, EX, G, GS, LP, and LPS.)) are included in this standard. Definitions of the eleven separate designations are:

(1) ((The)) D ((designated units are units similar to the G units except)) refers to trucks that ((they)) are diesel engine powered ((instead of gasoline engine powered)) that have minimum safeguards against inherent fire hazards.

(2) ((The)) DS ((designated units are)) refers to diesel powered ((units)) trucks that in addition to meeting all the requirements for type D trucks, are provided with additional safeguards to the exhaust, fuel and electrical systems.  ((They may be used in some locations where a D unit may not be considered suitable.))

(3) ((The)) DY ((designated units are)) refers to diesel powered ((units that have)) trucks having all the safeguards of the DS ((units)) trucks and, in addition ((do not have)), any electrical equipment((, including the ignition, and are)) is completely enclosed. They are equipped with temperature limitation features.

(4) ((The)) E ((designated units are)) refers to electrically powered ((units)) trucks that have minimum acceptable safeguards against inherent fire hazards.

(5) ((The)) ES ((designated units are)) refers to electrically powered ((units)) trucks that, in addition to all of the requirements for the E ((units)) trucks, are provided with additional safeguards to the electrical system to prevent emission of hazardous sparks and to limit surface temperatures.  ((They may be used in some locations where the use of an E unit may not be considered suitable.))

(6) ((The)) EE ((designated units are)) refers to electrically powered ((units)) trucks that have, in addition to all of the requirements for the E and ES ((units, the)) type trucks, have their electric motors and all other electrical equipment completely enclosed.  ((In certain locations the EE unit may be used where the use of an E and ES unit may not be considered suitable.))

(7) ((The)) EX ((designated units are)) refers to electrically powered ((units)) trucks that differ from E, ES, or EE ((units)) trucks in that the electrical fittings and equipment are so designed, constructed and assembled that the ((units may)) trucks can be used in ((certain)) atmospheres containing flammable vapors or dusts.

(8) ((The)) G ((designated units are)) refers to gasoline powered ((units having)) trucks that have minimum acceptable safeguards against inherent fire hazards.

(9) ((The)) GS ((designated units are)) refers to gasoline powered ((units)) trucks that are provided with additional safeguards to the exhaust, fuel, and electrical systems.  ((They may be used in some locations where the use of a G unit may not be considered suitable.))

(10) ((The)) LP ((designated unit is similar to the G unit except that liquefied petroleum gas is used for fuel instead of gasoline)) refers to liquified petroleum gas-powered trucks that have minimum acceptable safeguards against inherent fire hazards.

(11) ((The)) LPS ((designated units are)) refers to liquefied petroleum gas powered ((units)) trucks that in addition to meeting the requirements for LP trucks, are provided with additional safeguards to the exhaust, fuel, and electrical systems.  ((They may be used in some locations where the use of an LP unit may not be considered suitable.))

(12) The atmosphere or location ((shall)) must have been classified, as to whether it is hazardous or nonhazardous prior to the ((consideration)) use of industrial trucks ((being used therein and the type of industrial truck required shall be as provided in WAC 296-24-23009 for such location)).

[Order 73-5, § 296-24-23005, filed 5/9/73 and Order 73-4, § 296-24-23005, filed 5/7/73.]

(1) The powered industrial trucks specified under (2) of this section are the minimum types required ((but)). Powered industrial trucks having greater safeguards may be used if desired.

(2) ((For specific areas of use see)) Tables N-1.1 and N-1.2, following this section ((which tabulates the)), give specific vehicle usage information ((contained in this section)) by group and class.  References are to the corresponding classification as used in WAC 296-24, Part L.

(a) ((Power-operated)) Powered industrial trucks ((shall)) must not be used in the following atmospheres containing hazardous concentration of:

• Acetylene,

• Butadiene,

• Ethylene oxide,

• Hydrogen (or gases or vapors equivalent in hazard to hydrogen, such as manufactured gas),

• Propylene oxide,

• Acetaldehyde,

• Cyclopropane,

• Diethyl ether,

• Ethylene,

• Isoprene, or

• Unsymmetrical dimenthyl hydrazine (UDMH).

(i) ((Power-operated)) Powered industrial trucks ((shall)) must not be used in atmospheres containing hazardous concentrations of metal dust, including:

• Aluminum, magnesium, and their commercial alloys,

• Other metals of similarly hazardous characteristics, or

• In atmospheres containing:

• Carbon black,

• Coal or coke dust ((except)):

• Exception approved ((power-operated)) powered industrial trucks designated as EX may be used in such atmospheres.

(ii) In atmospheres where dust of magnesium, aluminum or aluminum bronze may be present, fuses, switches, motor controllers, and circuit breakers of trucks ((shall)) must have enclosures specifically approved for such locations.

(b) Only approved ((power-operated)) powered industrial trucks designated as EX may be used in atmospheres containing:

• Acetone,

• Acrylonitrile,

• Alcohol,

• Ammonia,

• Benzine,

• Bensol,

• Butane,

• Ethylene dichloride,

• Gasoline,

• Hexane,

• Lacquer solvent vapors,

• Naphtha,

• Natural gas,

• Propane,

• Propylene,

• Styrene,

• Vinyl acetate,

• Vinyl chloride, or

• Xylenes in quantities sufficient to produce explosive or ignitable mixtures and where such concentrations of these gases or vapors exist continuously, intermittently or periodically under normal operating conditions or may exist frequently because of repair, maintenance operations, leakage, breakdown or faulty operation of equipment.

(c) ((Power-operated)) Powered industrial trucks designated as DY, EE, or EX may be used in locations where volatile flammable liquids or flammable gases are handled, processed or used, but in which the hazardous liquids, vapors or gases will normally be confined within closed containers or closed systems from which they can escape only in case of accidental rupture or breakdown of such containers or systems, or in the case of abnormal operation of equipment; also in locations in which ((hazardous)) ignitible concentrations of gases or vapors are normally prevented by positive mechanical ventilation but which might become hazardous through failure or abnormal operation of the ventilating equipment; or in locations which are adjacent to Class I, Division 1 locations, and to which ((hazardous)) ignitible concentrations of gases or vapors might occasionally be communicated unless such communication is prevented by adequate positive-pressure ventilation from a source of clear air, and effective safeguards against ventilation failure are provided.

(d) In locations used for the storage of hazardous liquids in sealed containers or liquefied or compressed gases in containers, approved ((power-operated)) powered industrial trucks ((designated as)) with the following designations can be used:

• DS,

• ES,

• GS, or

• LPS ((may be used)).  This classification includes locations where volatile flammable liquids or flammable gases or vapors are used, but which, would become hazardous only in case of an accident or of some unusual operation condition.  The quantity of hazardous material that might escape in case of accident, the adequacy of ventilating equipment, the total area involved, and the record of the industry or business with respect to explosions or fires are all factors that should receive consideration in determining whether or not the DS ((or)), DY, ES, EE, GS, or LPS designated truck possesses sufficient safeguards for the location.  Piping without valves, checks, meters and similar devices would not ordinarily be deemed to introduce a hazardous condition even though used for hazardous liquids or gases.  Locations used for the storage of hazardous liquids or of liquefied or compressed gases in sealed containers would not normally be considered hazardous unless subject to other hazardous conditions also.

(i) Employers must use only approved ((power-operated)) powered industrial trucks designated as EX ((shall be used)) in atmospheres in which combustible dust is or may be in suspension continuously, intermittently, or periodically under normal operating conditions, in quantities sufficient to produce explosive or ignitable mixtures, or where mechanical failure or abnormal operation of machinery or equipment might cause such mixtures to be produced.

(ii) The following areas are usually included in the EX classification ((usually includes the working areas of)):

• Grain handling and storage plants((,)):

&lhlsqbul; Room containing grinders or pulverizers,

&lhlsqbul; Cleaners,

&lhlsqbul; Graders,

&lhlsqbul; Scalpers,

&lhlsqbul; Open conveyors or spouts,

&lhlsqbul; Open bins or hoppers,

&lhlsqbul; Mixers, or blenders,

&lhlsqbul; Automatic or hopper scales,

&lhlsqbul; Packing machinery,

&lhlsqbul; Elevator heads and boots,

&lhlsqbul; Stock distributors,

&lhlsqbul; Dust and stock collectors (except all-metal collectors vented to the outside), and

&lhlsqbul; All similar dust producing machinery and

&lhlsqbul; Equipment in grain processing plants,

&lhlsqbul; Starch plants,

&lhlsqbul; Sugar pulverizing plants,

&lhlsqbul; Malting plants,

&lhlsqbul; Hay grinding plants, and

&lhlsqbul; Other occupancies of similar nature;

• Coal pulverizing plants (except where the pulverizing equipment is essentially dust tight);

• All working areas where metal dusts and powders are produced, processed, handled, packed, or stored (except in tight containers); and

• Other similar locations where combustible dust may, under normal operating conditions, be present in the air in quantities sufficient to produce explosive or ignitable mixtures.

(e) Employers must use only approved ((power-operated)) powered industrial trucks designated as DY, EE, or EX ((shall be used)) in atmospheres in which combustible dust will not normally be in suspension in the air or will not be likely to be thrown into suspension by the normal operation of equipment or apparatus in quantities sufficient to produce explosive or ignitable mixtures but where deposits or accumulations of such dust may be ignited by arcs or sparks originating in the truck.

(f) Employers must use only approved ((power-operated)) powered industrial trucks designated as DY, EE, or EX ((shall be used)) in locations which are hazardous because of the presence of easily ignitible fibers or flyings but in which such fibers or flyings that are not likely to be in suspension in the air in quantities sufficient to produce ignitible mixtures.

(g) Employers must use only approved ((power-operated)) powered industrial trucks designated as DS, DY, ES, EE, EX, GS, or LPS ((shall be used)) in locations where easily ignitible fibers are stored or handled including outside storage, but are not being processed or manufactured.  Industrial trucks designated as E, which have been previously used in these locations may ((be continued in use)) continue to be used.

(h) On piers and wharves handling general cargo, ((any)) only approved ((power-operated)) powered industrial truck designated as Type D, E, G, or LP may be used, or trucks which conform to the requirements for these types may be used.

(i) If storage warehouses and outside storage locations are hazardous, employers must use only the approved ((power-operated)) powered industrial truck specified for such locations in WAC 296-24-23007(((2) shall be used.  If not classified as hazardous, any approved power-operated industrial truck designated as Type D, E, G, or LP may be used, or trucks which conform to the requirements for these types may be used)). Powered industrial trucks designated D, E, G or LP, or trucks that conform to the requirements of these types, may be used if not classified as hazardous.

(j) If general industrial or commercial properties are hazardous, only approved power-operated industrial trucks specified for such locations in this WAC 296-24-23007 shall be used.  If not classified as hazardous, any approved power-operated industrial truck designated as Type D, E, G, or LP may be used, or trucks which conform to the requirements of these types may be used.

((TABLE N-1