Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-05-115.

     Title of Rule: Safety standards for telecommunications, chapter 296-32 WAC; Safety standards for electrical workers, chapter 296-45 WAC; and Safety standards for construction workers, chapter 296-155 WAC.

     Purpose: State-initiated amendments are proposed in response to stakeholder requests that the department adopt permanent rules to protect construction site/work zone employees from traffic hazards created by job-site vehicles.

     Listed below are the specific rule amendments the department is proposing to protect workers on foot from the traffic hazards created by construction site/work zone vehicles. These proposed amendments have been developed with the participation of representatives from business, labor, the Washington State Department of Transportation and the Department of Labor and Industries.

AMENDED SECTIONS:

WAC 296-155-110 Accident prevention program.

•     Revises WAC 296-155-110 (6)(d) as a result of the proposed traffic safety training requirement in new section WAC 296-155-603 Traffic safety training, and moves WAC 296-155-110 (6)(d) to (e) and 296-155-110 (6)(e) to (f).

WAC 296-155-165 Lighting and illumination.

•     Reorganizes the section into three subsections for clarity.

•     Amends WAC 296-155-165(1) to incorporate specific lighting requirements for indoor/outdoor and task/nontask work areas.

•     Amends WAC 296-155-165(2) to a performance-based requirement, requiring outdoor lighting in specific areas on construction sites and in work zones when general lighting of an entire area is not feasible during hours of darkness or during periods of limited visibility.

•     Amends WAC 296-155-165(3) to state that outdoor site lighting must not create a disabling glare for workers, vehicle operators and passing motorists.

WAC 296-155-200 General requirements for personal protective equipment (PPE).

•     Retitles the section for clarity. The proposed section title is "General requirements for personal protective equipment (PPE)."

•     Reorganizes and rewrites the section content according to clear rule-writing principles to improve its clarity and increase its usefulness.

•     Updates appropriate WAC references to reflect the department's new core safety and health rules (chapter 296-800 WAC).

•     Adds WAC 296-155-200(9) regarding the use of high-visibility safety garments and hard hats by construction site and work zone employees, during daylight hours, whose duties are performed in areas and under conditions where they are exposed to hazards created by moving vehicles. These requirements are consistent with the requirements in WAC 296-155-305(5).

•     Adds WAC 296-155-200(10) regarding the use of high-visibility safety garments and hard hats by construction site and work zone employees, during hours of darkness, whose duties are performed in areas and under conditions where they are exposed to hazards created by moving vehicles. These requirements are consistent with the requirements in WAC 296-155-305(5).

WAC 296-155-605 Vehicle operating requirements.

•     Retitles the section to reflect the proposed new safety requirements for construction site/work zone vehicles. The proposed section title is "Vehicle operating requirements."

•     Creates a new section that brings together in one place various vehicle operating requirements that are scattered throughout several current rule sections of chapter 296-155 WAC.

•     Creates new subsections by combining and rewriting current requirements according to clear rule-writing principles, including changing "shall" to "must."

•     WAC 296-155-605(1), eliminate redundancies in current requirement.

•     WAC 296-155-605(2), updated the current requirement by replacing "oil," which is now illegal as a dust suppressant, with "an environmentally approved substance." Clarified when operators and drivers must use respiratory protection. Specified which respiratory protection requirements must be followed.

•     WAC 296-155-605(3), replaced "whenever visibility conditions warrant additional light" to "all vehicles operating on a site or in a zone." Replaced "at least two headlights and taillights" with "must comply with the manufacturer's specifications regarding headlights, brake lights and taillights." All required lights must be in operable condition.

•     WAC 296-155-605(5), no new requirements. Rewritten for clarity.

•     WAC 296-155-605(7), "First bullet," added "and/or pinch points" and "or other employees" to increase employee safety.

•     WAC 296-155-605(7), "Second bullet," added the word "assigned" to clarify that only certain operators, drivers or experienced persons can crank start a vehicle. This helps makes sure that inexperienced or unfamiliar persons do not try to crank start vehicles and, as a result, injure themselves.

•     WAC 296-155-605(7), "Third bullet," for clarity, replaced "haulage bodies" with "vehicles."

•     WAC 296-155-605(7), "Fourth bullet," no new requirements. Rewritten for clarity.

•     WAC 296-155-605(7), "Fifth bullet," no new requirements. Rewritten for clarity.

•     Adds WAC 296-155-605(4) improving worker on foot safety by increasing lighting requirements for large vehicles operating on job sites and in work zones while allowing employers flexibility in complying with the requirements.

•     Adds WAC 296-155-605(6) improving worker on foot safety by requiring that all employees effectively communicate with the driver/operator before approaching or boarding their vehicle. Allows employers flexibility in determining what "effective communication" is.

WAC 296-155-610 Vehicle fender requirements.

•     Retitles the section to reflect the proposed new safety requirements for construction site/work zone vehicles. The proposed section title is "Vehicle fender requirements."

•     Creates a new section placing vehicle fender requirements that are contained in WAC 296-155-610 and 296-155-615 together in one place.

•     Creates new subsections by combining and rewriting current requirements according to clear rule-writing principles. See the following table:

•     WAC 296-155-610(1), no new requirements. Rewritten for clarity.

•     WAC 296-155-610(2), deleted the first paragraph in WAC 296-155-610 (2)(n) because it is unnecessary.

•     Incorporated mud flaps into this vehicle fender subsection. Made mud flaps a requirement for vehicles that are not designed with fenders.

WAC 296-155-615 Powered industrial trucks.

•     Retitles the section to accurately reflect its content. The proposed section title is "Powered industrial trucks."

•     The proposed amended section contains requirements only affecting forklifts. Many of the requirements contained in the current WAC 296-155-615 are being moved to new sections containing safety requirements for construction site/work zone vehicles.

•     Deletes WAC 296-155-615 (1)(g) and (h) because they are unnecessary.

•     Renumbers the following subsections and subparts of WAC 296-155-615 as follows:

     &sqbul;     WAC 296-155-615 (1)(f) to 296-155-608(3).

     &sqbul;     WAC 296-155-615 (2)(b) to 296-155-615(2).

     &sqbul;     WAC 296-155-615 (2)(c) to 296-155-605(8).

     &sqbul;     WAC 296-155-615(3) to 296-155-615 through 296-155-615(8).

WAC 296-155-655 General protection requirements.

•     Retitles the section to make it more descriptive of the section's content.

•     Rewrites WAC 296-155-655(4) to incorporate reference to the new high-visibility safety garment and hard hat requirements in WAC 296-155-200 (9) and (10).

WAC 296-32-240 Employee protection in work areas.

•     Retitles the section to clarify that the section's content applies to all work areas covered by chapter 296-32 WAC.

•     Rewrites the section according to clear rule-writing principles, including changing "shall" to "must."

•     Adds WAC 296-32-240(4) to incorporate reference to the new high visibility safety garment and hard-hat requirements in WAC 296-155-200 (9) and (10).

•     Adds WAC 296-32-240(5) to incorporate the general safety requirements contained in WAC 296-155-601 through 296-155-612.

WAC 296-45-52530 Employee protection in work areas.

•     Retitles the section to clarify that the section's content applies to all work areas covered by chapter 296-45 WAC.

•     Adds WAC 296-45-52530(4) to incorporate reference to the new high visibility safety garment and hard-hat requirements in WAC 296-155-200 (9) and (10).

•     Adds WAC 296-45-52530(5) to incorporate the general safety requirements contained in WAC 296-155-601 through 296-155-612.

NEW SECTIONS:

    
WAC 296-155-601 Internal traffic safety regulations for construction sites and work zones.

•     States clearly that WAC 296-155-601 through 296-155-612 are minimum internal traffic safety regulations for construction sites and work zones whose purpose is to make sure workers are protected from motor vehicle hazards while working on a site or in a zone.

•     Includes a definition of "motor vehicle" or "vehicle" that is used in WAC 296-155-601 through 296-155-612.

WAC 296-155-602 Site-specific internal traffic safety plans.

•     Adds, for the purpose of improving worker-on-foot safety, the requirement that employers must develop, implement, maintain and update site-specific internal traffic safety plans for certain types of jobs.

•     Clarifies that a site-specific internal traffic safety plan is required for all jobs lasting more than one day that involve at least five workers, and include at least one vehicle that is an integral part of the job, or on job sites where there are multiple vehicles that are an integral part of the job, regardless of number of workers present, or on work sites where there are multiple employers, and include vehicles that are an integral part of the job.

•     Clarifies that on multi-employer job sites requiring more than one internal traffic safety plan, it is the responsibility of the general contractor to make sure that the separate plans are coordinated and communicated to all employers.

•     Identifies the minimum content for any required site-specific internal traffic safety plan.

WAC 296-155-603 Traffic safety training.

•     Adds, for the purpose of improving worker-on-foot safety, the requirement that any employer who must develop and implement an internal site-specific internal traffic safety plan must provide appropriate and effective on site traffic safety training to all site and work zone employees. Allows employers to determine what is "appropriate and effective."

•     Gives examples of acceptable training formats.

•     Lists the basic elements that acceptable traffic safety training must cover.

WAC 296-155-604 Minimum qualifications for all vehicle operators and drivers.

     For the purpose of improving construction site and work zone safety, this section requires that:

•     Employers must make sure that only qualified and authorized employees operate or drive job site vehicles; and

•     Operator or driver certification and/or training and experience must be relevant to the specific type of vehicle assigned to the operator or driver.

WAC 296-155-606 Operating vehicles with obstructed views.

•     Adopts a new section to reduce hazards created when vehicles with obstructed views are operated on construction sites or in work zones. This section brings together various obstructed view and backing requirements that are now in WAC 296-155-610 and 296-155-615.

•     Most of the requirements in this section are a result of combining and rewriting current requirements according to clear rule-writing principles, including changing "shall" to "must."

•     Adds a note encouraging the use of careful planning in an effort to minimize backing.

•     Except for subsection (4), the new subsections do not substantially change current requirements.

•     WAC 296-155-606(1), no new requirements. Rewritten for clarity.

•     WAC 296-155-606(2), added "obstructed side view" as a hazard that must be addressed.

•     WAC 296-155-606(3), improved worker on foot safety by allowing the use of lights that may be more effectively seen than amber colored ones. Replaced "amber colored strobe lights" in the current code with "strobe lights capable of being seen during daylight hours."

•     WAC 296-155-606(4) Improved ground personnel safety by requiring:

     &sqbul;     The use of mechanical devices to eliminate vehicle blind spots while the vehicle backs up.

     &sqbul;     The use of spotters if ground personnel are present and the mechanical devices have not eliminated the vehicle's blind spots.

     &sqbul;     That the vehicles not back up until the spotter communicates to the driver/operator that the area is clear of all ground personnel.

•     WAC 296-155-606(5), changed "Bidirectional machines" to "all vehicles," "Horn" to "audible warning device," and "Either direction" to "any direction."

WAC 296-155-607 Vehicle cab requirements.

•     Creates a new section to improve vehicle cab safety, bringing together in one section, vehicle cab requirements that are currently in WAC 296-155-605, 296-155-610 and 296-155-615.

•     The requirements in this section are the result of combining and rewriting current requirements according to clear rule-writing principles, including changing "shall" to "must."

•     This new section does not contain any new requirements.

•     WAC 296-155-607(1), the "cracked glass" requirement is moved to WAC 296-155-607(2).

•     WAC 296-155-607 (2) and (5), no new requirements. Rewritten for clarity.

•     WAC 296-155-607(3), this requirement was rewritten for clarity and incorporated here. This requirement was also left in WAC 296-155-615 because it applies to forklifts as well.

•     WAC 296-155-607(4), for clarity, replaced "haulage vehicles" with "vehicles."

WAC 296-155-608 Vehicle seat, seat belt, and rollover protection requirements.

•     Creates a new section bringing together in one section vehicle seat and seat belt requirements that are currently in WAC 296-155-610 and 296-155-615.

•     The requirements in this section are the result of combining and rewriting current requirements according to clear rule-writing principles, including changing "shall" to "must."

•     This new section does not contain any new requirements.

•     WAC 296-155-608(1), clarified CFR reference.

•     WAC 296-155-608 (2), (3) and (4), no new requirements. Rewritten for clarity.

•     WAC 296-155-608 (5)and (6), separated current subpart into two subsections for clarity. No new requirements.

WAC 296-155-609 Vehicle brake and brake light requirements.

•     Creates a new section bringing together in one section vehicle brake and brake light requirements that are currently in WAC 296-155-610 and 296-155-615.

•     The requirements in this section are the result of combining and rewriting current requirements according to clear rule-writing principles, including changing "shall" to "must."

•     This new section does not contain any new requirements.

•     WAC 296-155-609 (1) and (2), no new requirements. Rewritten for clarity.

•     WAC 296-155-609(3), eliminated unnecessary dates. Separated requirements for different types of vehicles into separate subsections. No new requirements.

WAC 296-155-611 Vehicle inspection, maintenance, and repair requirements.

•     Creates a new section bringing together in one section various vehicle inspection, maintenance and repair requirements that are now in WAC 296-155-605, 296-155-610 and 296-155-615.

•     Most of the requirements in this section are a result of combining and rewriting current requirements according to clear rule-writing principles, including changing "shall" to "must." See the table below.

•     There are new requirements in this section.

•     WAC 296-155-611(1), added requirement that inspections must occur after a driver/operator's lunch break as well as before the start of their work shift. Added "automatic reverse warning devices" to the list of "parts, systems and accessories" that must be inspected. Replaced "horn" with "audible warning device." Moved the requirement that all defects must be corrected before a vehicle is returned to service to WAC 296-155-611(7).

•     WAC 296-155-611 (2), (5), (6) and (9), no new requirements. Rewritten for clarity.

•     WAC 296-155-611(7), clarifies how defective vehicles must be handled. Added the requirements that defective vehicles must be reported to a designated maintenance person, promptly taken out of service and inspected.

•     WAC 296-155-611(8), emphasizes that a vehicle must be made inoperable when it is repaired or maintained.

•     WAC 296-155-611(10), moved the vehicle cab requirements for windshields, wipers, defoggers, etc. to WAC 296-155-607(1).

•     Adds WAC 296-155-611(3) as a minimum requirement to make sure vehicles are properly maintained. Properly maintained vehicles means safer operation and a reduction in vehicular hazards on construction sites and in work zones.

•     Adds WAC 296-155-611(4) to make sure that vehicle drivers and operators have access to the "owner's manual" for the vehicles to which they are assigned. Access to such manuals helps them operate their assigned vehicles safely thereby reducing vehicular hazards for ground personnel.

WAC 296-155-612 Vehicle parking requirements.

•     Creates a new section, bringing together in one place, various vehicle parking and parking related requirements that are now in WAC 296-155-605, 296-155-610, and 296-155-615.

•     The requirements in this section are a result of combining and rewriting current requirements according to clear rule-writing principles, including changing "shall" to "must." There are no new substantive requirements in this section.

•     WAC 296-155-612(1), replaced current requirements with new language requiring that all untended vehicles must have their parking break set and parked according to the manufacturer's specifications. "Manufacturer's specifications" is used because parking requirements can vary based upon type of vehicle, type of engine, parking location, climate, etc.

•     WAC 296-155-612 (2), (3) and (5), no new requirements. Rewritten for clarity.

•     WAC 296-155-612(4), replaced "heavy machinery and equipment" with "any vehicle."

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

     Statute Being Implemented: Chapter 49.17 RCW.

     Summary: See Purpose above.

     Reasons Supporting Proposal: See Purpose above.

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

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

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

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

     Proposal Changes the Following Existing Rules: See Purpose above.

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

     1. To trigger the rule, a job must last more than one day and have more than four workers and one vehicle, with the vehicle being an integral part of the job. This exempts some small businesses from having to comply with the proposed rule.

     2. The department will provide consultation services to businesses to assist them in complying with the proposed rule.

     Introduction: Last year, in response to a request from stakeholders representing construction site/work zone workers on foot, the Department of Labor and Industries (L&I) began a process for developing rules to protect construction site/work zone workers on foot from vehicular hazards on job sites.

     The need for such rules is apparent when national and state injury statistics are examined. Nationally, in the highway and street construction industry (SIC 1611) alone, more than 100 workers are killed and over 20,000 injured each year. Vehicles and equipment operating in and around construction sites are involved in over half of the worker fatalities in this industry.

     Data from the Census of Fatal Occupational Injuries (CFOI) indicate that of the 841 work-related fatalities in the highway construction industry between 1992 and 1998, 465 were vehicle or equipment related incidents that occurred in a work zone. The table below summarizes the CFOI data.

     Washington state statistics show a similar pattern. L&I's records indicate that from 1995-2000, there were 7 fatal and 105 nonfatal accidents at construction work sites caused by motor vehicles striking employees. During the past 10 weeks there have been three fatalities in Washington state involving construction vehicles on job sites: Two fatalities caused by dump trucks backing up and one fatality as a result of equipment rolling over.

     Rule Development Process: In December 2000, the department hosted a stakeholder meeting (43 attended) to discuss ways to improve traffic safety on construction sites. At that meeting, a volunteer stakeholder work group was established to help the department develop appropriate rule language. This work group was comprised of representatives from labor, business, the Washington State Department of Transportation and L&I. Using suggestions collected at the December 2000 stakeholder meeting, the work group met six times from January 2001 through July 2001 to develop proposed rule changes.

     Work Group Recommendations: As a result of these meetings, the work group is proposing several new WAC sections (WAC 296-155 601 through 296-155-612) covering general traffic safety requirements for construction sites and work zones. (Much of the content in these new sections is the result of combining, reorganizing and reformatting current requirements in chapter 296-155 WAC.) The following is a list of the proposed new minimum requirements contained in WAC 296-155-601 through 296-155-612:

•     WAC 296-155-602, requires a site-specific internal traffic safety plan for certain jobs.

•     WAC 296-155-603, requires traffic safety training for on-site and work zone employees.

•     WAC 296-155-604(2), requires that vehicle operator/driver certification, training and experience be relevant to the vehicle assigned to them.

•     WAC 296-155-605(4), increases vehicle lighting requirements.

•     WAC 296-155-605(6), requires that effective communication take place between an employee and a vehicle operator/driver before the employee approaches or boards the operator/driver's vehicle.

•     WAC 296-155-606(2), requires that all vehicles with obstructed views to the rear be equipped with an audible reverse warning device that is in operable condition, can be heard above surrounding noise levels, and is automatically activated when the vehicle is placed in reverse gear.

•     WAC 296-155-606(4), requires the use of mechanical devices to eliminate blind spots from vehicles with obstructed views to the rear. If mechanical devices do not eliminate the blind spots, a spotter must be used and the vehicle must not be backed up until the spotter communicates to the driver/operator that it is safe to do so.

•     WAC 296-155-611(3), requires that the manufacturer's maintenance schedule be followed for all construction/work zone vehicles.

•     WAC 296-155-611(4), requires that all construction site/work zone vehicle cabs (except passenger cars and pickup trucks) contain a copy of the manufacturer's operating and technical manual.

•     WAC 296-155-611(7), requires all construction site/work zone vehicle defects, which prevent safe operation and/or threaten an employee's safety be reported to a designated maintenance person.

•     WAC 296-155-611(8), requires that all construction site/work zone vehicles must be rendered inoperable while repairs or maintenance are performed.

•     The work group also proposes amending the following WAC sections:

•     WAC 296-155-100 APP, to accommodate the proposed internal traffic safety plans and traffic safety-training requirements.

•     WAC 296-155-165 Lighting and illumination, adding a performance-based lighting requirement for all outdoor work places.

•     WAC 296-155-200 Personal protective equipment, rewriting and reformatting the section to increase clarity and increasing the high visibility requirements for safety garments and helmets worn by certain employees on construction sites and in work zones.

•     WAC 296-155-655 General requirements, references the new personal protective equipment (PPE) requirements in WAC 296-155-200.

•     WAC 296-155-240 Employee protection in public work areas, improve clarity and reference new PPE requirements in WAC 296-155-200 and general requirements in WAC 296-155-601 to 296-155-612.

•     WAC 296-155-52530 Employee protection in public work areas, improve clarity and reference new PPE requirements in WAC 296-155-200 and general requirements in WAC 296-155-601 to 296-155-612.

     Several of the new requirements constitute either minor changes or the incorporation of current industry practice. The department believes that the requirements in the underlined sections listed above have the most significant potential for increasing business costs. These five amendments are presented in further detail in the next section.

     Significant Rule Changes: The five significant proposed rule changes are presented in detail below.

     1. Internal Traffic safety plan:

     WAC 296-155-602 Site-specific internal traffic safety plans.

     (1) Employers on jobs lasting more than one day and where there are more than four workers and one vehicle, with the vehicle being an integral part of the job, must:

•     Develop and implement a site-specific internal traffic safety plan that is communicated to all workers on the site or in the zone;

•     Maintain and update the plan when appropriate; and

•     Keep a current copy of the plan on site and make it available, upon request, to employees, their designated representatives and representatives of the department.

     (2) On construction sites or in work zones involving multiple employers where more than one internal traffic safety plan is required, it is the responsibility of the general contractor to make sure that the separate plans are coordinated and communicated to all employers. General contractors may meet this requirement for themselves and their subcontractors by developing a comprehensive plan that addresses all traffic safety issues on the work site.

     (3) The site-specific internal traffic safety plan must include:

•     The methods used by workers on foot, vehicle operator/drivers and traffic control personnel to communicate with each other.

•     Who is responsible for monitoring all internal traffic communication.

•     A diagram of the site or zone illustrating:

     a. Traffic patterns, traffic volumes and speed limits;

     b. Areas where workers on foot are prohibited (pedestrian free areas);

     c. Locations for storing and servicing materials, vehicles and equipment;

     d. Location of all vehicle entrances and exits;

     e. Location of delivery and pickup areas;

     f. Location of "No-back up" areas;

     g. Size and location of buffer areas and physical barriers that establish "traffic free" zones; and

     h. Placement of traffic control devices used on public highways according to MUTCD, Part VI (1995 Edition-Revision 4) recommendations and guidelines and that reflect the actual traffic condition and requirements of the site or zone.

•     A list of standard terms that identify and describe the type and/or class of vehicles, equipment, machinery and personnel that will be used.

     This proposed requirement applies only to those job or work sites where the vehicle is an integral part of the work, and to jobs lasting more than one day involving more than four workers and one or more vehicles. In general, passenger cars and light trucks used by workers for transportation to the job site would not be included in this proposed requirement. The general contractor has the responsibility of coordinating internal traffic safety plans, which means sub-contractors may not have to develop traffic safety plans. The department anticipates that after your business has established an internal traffic safety plan for a project, you may be able to use the existing plan, with only minor modifications, to meet future internal traffic plan requirements.

     2. Traffic Safety Training:

     WAC 296-155-603 Traffic safety training.

     (1) Employers who are required to develop and implement a site-specific internal traffic safety plan must provide on-site traffic safety training to all site and zone workers in a format that is appropriate and effective.

     Note: Examples of acceptable training formats are:

•     On-site safety orientations.

•     Tailgate safety meetings.

•     Worker/Operator safety classes.

     (2) Safety training must include, but is not limited to, the:

•     Procedures for inspecting, maintaining, operating and parking assigned vehicles.

•     The importance of being familiar with the manufacturer's manual (owner's manual) when operating or driving any vehicles other than a passenger car or light truck.

•     The location, size and shape of vehicle blind areas.

•     Vehicle payload limitations and operating grade limitations.

•     Traffic patterns, volumes, speed limits and the types of vehicles operating on site;

•     The importance of receiving proper training in the use of assigned vehicles.

•     The content of the site-specific internal traffic safety plan.

     This proposed requirement requires training only when an internal traffic safety plan is mandated. The department has left it up to the employer to determine how the traffic safety training would be conducted. Traffic safety training can be informal and combined with other types of required training.

     3. Vehicles with Obstructed Views to the Rear:

     WAC 296-155-606 Operating vehicles with obstructed views.

     (4) All site or work zone vehicles with an obstructed view to the rear must be able to eliminate the obstructed view through the use of one of the following before backing up:

•     An operable device that effectively eliminates the obstructed view; or

•     A spotter.

     Note: When a spotter is used, the vehicle must not back up until the spotter has communicated to the driver/operator that the area to which the vehicle is backing is clear of all ground personnel.

     Currently, a construction site vehicle with an obstructed rear view that cannot be eliminated by a mechanical device must have an audible warning device (typically just for backing up) or use a spotter when foot traffic is present. The proposed rule will require an audible warning device and a spotter, when mechanical devices cannot eliminate the obstructed rear view. If mechanical devices eliminate the obstructed rear view, a spotter is not necessary, but the audible warning device is still required. Anyone can serve as a spotter for vehicles; a specialized employee dedicated to serving as a spotter is not required by this rule.

     This requirement will not apply to passenger cars, and light trucks. However, light trucks with obstructed rear views or blind spots must use a spotter when backing in an area where foot traffic is present. Mechanical devices that eliminate vehicle blind spots include mirrors; infrared sensing devices and rear mounted video cameras. Note, that on many construction vehicles normal rearview mirrors do not eliminate blind spots. Spotters can communicate to the vehicle driver using hand signals or a radio communication device.

     4. Lighting and Illumination - Out doors:

     WAC 296-155-165 Lighting and illumination.

     Current requirement

     (1) Indoor and outdoor work place lighting, for both task and nontask activities, must meet the requirements listed in the table below:

     New requirements:

     (2) When general lighting of an entire outdoor area is not feasible during hours of darkness or during periods of limited visibility, employers must make sure that sufficient lighting is installed on the site or in the zone to illuminate:

•     Potentially hazardous objects;

•     Emergency control equipment; and

•     Vehicle and worker-on-foot traffic lanes.

     (3) Site lighting must not create a disabling glare for workers, vehicle operators and passing motorists.

     Note: Some methods of reducing glare are:

•     Raising or lowering the height of lighting equipment;

•     Using glare-free light balloons and glare screens; and

•     Driving through and observing the lighted area from various directions.

     Table 2 above, which specifies minimum required indoor and outdoor lighting levels, was brought over to WAC 296-155-165 from the WISHA Safety and Health Core Rules: WAC 296-800-210. This table represents current requirements for construction sites and should not result in the need for additional lighting equipment. The two subsections above, WAC 296-155-165 (2) and (3), are new and will require employers to illuminate potentially hazardous objects, emergency equipment, and vehicle and traffic lanes, only when it is not feasible to provide general lighting to an entire outdoor area. In addition employers will be required to limit disabling glare from site lighting. The employer is allowed to choose the most efficient method of meeting the lighting requirements listed above. The ground personnel stakeholder group developed the proposed lighting and illumination requirement.

     5. High Visibility Safety Garments:

     WAC 296-155-200 General requirements for personal protective equipment (PPE).

     (9) Construction site and work zone employees, whose duties are performed during daylight hours in areas and under circumstances where they are exposed to hazards created by moving vehicles, must, at a minimum, wear:

•     A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel.

     a. Specifically, a garment containing at least 775 square inches of background material and 201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the employee.

     b. The acceptable high visibility colors are fluorescent yellow/green, fluorescent orange/red or fluorescent red.

     c. This high visibility safety garment must always be worn as an outer garment; and

•     When required by WAC 296-155-205 Head protection, a high visibility hard hat, whose color is white, yellow, yellow-green, orange or red.

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

     (10) Construction site and work zone employees, whose duties are performed during hours of darkness in areas and under circumstances where they are exposed to hazards created by moving vehicles, must, at a minimum, wear:

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

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

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

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

     The ground personnel stakeholder group developed this proposed rule change, which mirrors the current garment requirements for flaggers. Many construction sites or work zones already follow these visibility requirements. A high visibility garment with an ANSI/ISEA label will meet this proposed requirement.

     Assessing Economic Impact: The Regulatory Fairness Act, chapter 19.85 RCW, 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.

     Industries potentially impacted by the proposed rule amendments: The department has identified the following industries that potentially would be impacted by the proposed amendments to chapter 296-155 WAC. The information is from the labor market and economic analysis division of the Employment Security Department and represents 1998 employment numbers.

     Economic survey: A cover letter, fact sheet and economic survey were sent to approximately 700 individuals representing approximately 650 businesses. A total of 92 surveys were returned of which 86 contained enough information to be used in the economic analysis, giving a survey response rate of approximately 13%. Forty-six of the returned surveys were from small businesses and 40 were from large businesses.

     Estimating compliance costs for the proposed amendments: The responses from the 86 surveys were used to estimate compliance costs for small and large business sectors. Costs were also estimated for each of the five significant proposed amendments that were included in the survey. Low, central and high compliance costs scenarios were developed and are described in detail below.

     Data Treatment: While the survey data was generally used as reported, a few respondents may have misinterpreted the questions, based their responses on incorrect assumptions, or responded in a strategic manner, thus giving unrealistically high cost numbers. There are two commonly used techniques for dealing with unrealistically high survey results or outliers. The first is alpha trimming where a small number of high and low outliers are removed from the data set. The second technique involves using internal expertise to establish an upper bound estimate for a particular survey question. The second technique was used for the high visibility garment cost estimate (maximum costs of 30, 50 or 70 dollars per garment depending on scenario), and could be used to set an upper time limit for the training element of the proposed rule. However, upper bound limits cannot be easily set for the other survey cost elements, as this would require detailed knowledge of the industry practices, the particular business being surveyed, and potential job sites. Only the business owner/manager has detailed knowledge of the first two components and is familiar with the third (potential future job sites). Out of necessity the alpha trimming technique was used to deal with data outliers. Three high cost surveys were removed, as were three low cost surveys, for a total of six surveys removed from the data set.

     Two respondents said that they always used spotters, but also included compliance costs for the spotter requirement of the proposed rule. These values were not included in the analysis as compliance costs for the proposed changes.

     Several survey respondents determined that they were in compliance with the illumination requirement section and also put down a compliance cost. These cost values were not included in the analysis. A few respondents predicted increased costs, but were unable to estimate their costs. Imputed compliance costs were added for these respondents.

     Survey respondents selected whether they were, or were not, in compliance with the proposed requirements for high visibility garments. If not currently in compliance with the proposed, the respondents were to estimate the number of high visibility garments necessary for their ground personnel and the associated cost of these garments. As with the other section, a few respondents stated that they were in compliance, yet also put down a compliance cost. These costs were not included in the analysis. A few imputed cost values were added for those unable to estimate compliance cost.

     Assumptions involved in estimating the economic impact of the proposed rule: It was assumed that a manager/owner would prepare the traffic safety plan at a cost of 40 dollars per hour. In the survey owners estimated the number of plans per year and time required for each plan. For the entire survey group the estimated average and median number of annual plans per business was 33 and 6 respectively, while the average and median time per plan was estimated at 5.9 and 2.0 hours respectively. Note the large differences between the average and median values. This is indicative of skewed response distributions: The distributions are not normally distributed, and have a long tails towards the right, or high value, side of the distribution curve. When encountering skewed response distributions economic analysts often use median values instead of average values. Under the proposed rule general contractors are expected to coordinate traffic plan development and implementation. For this analysis it was assumed that subcontractors respondents would spend half of the traffic plan preparation time indicated in their survey responses: General contractors would assume more responsibility for plan preparation.

     For training workers on the elements of the traffic safety plan, employee costs were assumed to be 25 dollars per hour. Survey respondents estimated the time required to train the workers on the elements of the traffic safety plan. It was assumed that all construction workers would receive training. Average, weighted average and median training times were used in the cost calculations.

     Survey recipients were asked to estimate the cost for the proposed requirement to reducing worksite hazards from vehicles with obstructed views. Respondents estimated the number of hours of spotter time necessary to comply with the proposed requirement, and the cost of "mechanical devices" to reduce vehicle blind spots. A number of respondents thought the requirement would impact them, but were unable to estimate costs, giving responses like "large," "huge," "unknown" or "do not know." These "incomplete" surveys do not represent zero cost responses, so an imputed compliance cost, derived using the average or median compliance cost per construction worker, derived from the completed surveys, was calculated.

     Assumptions for the high, intermediate and low cost scenarios:

     - Developing the internal traffic safety plan: Same approach for all three cost scenarios.

     - Employee training costs:

     1.     High training costs = number needing training X half of total number of sites X average training time X $25/hr.

     2.     Intermediate training costs = number needing training X 3 training sessions per year X average (weighted) training time X $25/hr.

     3.     Low intermediate training costs = number needing training X 1 training session per year X median (weighted) training time X $25/hr.

     - Vehicles with obstructed views to the rear: Imputed costs for spotters and mechanical devices:

     1.     High and intermediate cost scenarios = number of construction workers at responding business x average annual cost for spotters or mechanical devices (per construction worker).

     2.     Low cost scenario = number of construction workers at responding business x median annual cost for spotters or mechanical devices (per construction worker).

     - Workplace illumination requirements: Same for all three cost scenarios.

     - High visibility garment requirement: An upper bound was set for the high garment requirement:

     1.     High cost scenario - upper bound set at 70 dollars per construction worker.

     2.     Intermediate cost scenario - upper bound set at 50 dollars per construction worker.

     3.     Lower cost scenario - upper bound set at 30 dollars per construction worker.

     Estimated Compliance Costs: Compliance costs were estimated using the adjusted survey results, and the assumptions and scenario criteria listed above. Costs were determined for small business (those businesses with 50 or fewer employees) and large business (51 or more employees), and all business (large and small). Table 1 illustrates the estimated compliance costs for small and large business using the high, intermediate and low cost methods. To better compare the relative impact of these costs, they are expressed as cost per employee and construction worker (approximately 75% of employees were categorized as construction workers).

     Table 5 summarizes the proposed rule costs by small and large business category for the five key sections of the rule that were included in the survey. The section of the survey dealing with reducing worksite hazards from ground personnel exposure to construction site vehicles with obstructed views (section 3) contributed the largest amount to total compliance cost: Approximately 257 dollars per employee or 72% of total cost. The estimated cost for spotters of backing vehicle with obstructed views (a subcategory cost of section 3) was 163 dollars overall and accounted for 46% of total cost. Costs for traffic safety training and high visibility garments were relatively small at 23 and 5 dollars per employee respectively.

     Conclusions: The survey results reveal that there will be a somewhat greater financial impact on small businesses if the proposed rule is adopted. Estimated compliance costs were 70% higher for the small businesses surveyed: Average large business employee cost of 337 dollars versus average small business employee costs of 569 dollars. Expressed as costs per construction worker the estimated costs were 50% higher for small businesses: 713 dollars for small businesses versus 476 dollars per construction worker at large businesses. The projected statewide compliance costs are 22 million dollars.

     The department believes that the actual compliance costs will be lower than the survey derived compliance costs and that the small business costs in particular are significantly lower. The reasons for these beliefs are as follows:

     1.     Even with data trimming, and the use of median values in some calculations there is still reason to believe that responses were high. Some respondents may have believed that a traffic plan was required at every worksite, or that smaller vehicles like pickup trucks would always require a spotter when backing up.

     2.     The overall response rate for the smaller businesses was low. The department believes that the cause of the low response rate could be that many small businesses realized that the rule did not apply to them and therefore did not bother to respond to the survey. This effect would bias the average compliance cost figure for small businesses upward.

     3.     Many large businesses operate as general contractors, while most small businesses are subcontractors. The proposed rule requires general contractors to insure that subcontractors comply with the rule, in effect placing a higher burden on the general contractor. The department believes that this higher burden is not adequately reflected in the survey results.

     The department concludes that there will be a disproportionate impact on small businesses and has taken steps to mitigate the impact. The department has undertaken the following mitigation steps.

     1.     To trigger the rule, a job must last more than one day and have more than four workers and one vehicle, with the vehicle being an integral part of the job. This exempts some small businesses from having to comply with the proposed rule.

     2.     The department will provide consultation services to businesses to assist them in complying with the proposed rule.

     A copy of the statement may be obtained by writing to Greg Nothstein, Economic Analyst, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001, phone (360) 902-6805, fax (360) 902-4202.

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

     Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way S.W., Tumwater, WA, on April 22, 2002, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Sally Elliott by March 19, 2002, (360) 902-5484.

     Submit Written Comments to: Tracy Spencer, Standards Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, fax (360) 902-5529, or electronically to Tracy Spencer, Standards Manager, WISHA Services Division, spet235@lni.wa.gov, by 5:00 p.m. on May 3, 2002. Comments submitted by fax must be ten pages or less.

     Date of Intended Adoption: May 15, 2002.

February 20, 2002

Gary Moore

Director

OTS-5108.4

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-155-110   Accident prevention program.   (1) Exemptions. Workers of employers whose primary business is other than construction, who are engaged solely in maintenance and repair work, including painting and decorating, are exempt from the requirement of this section provided:

     (a) The maintenance and repair work, including painting and decorating, is being performed on the employer's premises, or facility.

     (b) The length of the project does not exceed one week.

     (c) The employer is in compliance with the requirements of WAC 296-800-140 Accident prevention program, and WAC 296-800-130, Safety committees and safety meetings.

     (2) Each employer ((shall)) must develop a formal accident-prevention program, tailored to the needs of the particular plant or operation and to the type of hazard involved. The department may be contacted for assistance in developing appropriate programs.

     (3) ((The following are the minimal program elements for all employers:

     A safety orientation program describing the employer's safety program and including:)) At a minimum, an accident prevention program must include a safety orientation program consisting of the following:

     (a) How, where, and when to report injuries, including instruction as to the location of first-aid facilities.

     (b) How to report unsafe conditions and practices.

     (c) The use and care of required personal protective equipment.

     (d) The proper actions to take in event of emergencies including the routes of exiting from areas during emergencies.

     (e) Identification of the hazardous gases, chemicals, or materials involved along with the instructions on the safe use and emergency action following accidental exposure.

     (f) A description of the employer's total safety program.

     (g) An on-the-job review of the practices necessary to perform the initial job assignments in a safe manner.

     (4) Each accident-prevention program ((shall)) must be outlined in written format.

     (5) Every employer ((shall)) must conduct crew leader-crew safety meetings as follows:

     (a) Crew leader-crew safety meetings ((shall)) must be held at the beginning of each job, and at least weekly thereafter.

     (b) Crew leader-crew meetings ((shall)) must be tailored to the particular operation.

     (6) Crew leader-crew safety meetings ((shall)) must include or address the following:

     (a) A review of any walk-around safety inspection conducted since the last safety meeting.

     (b) A review of any citation to assist in correction of hazards.

     (c) An evaluation of any accident investigations conducted since the last meeting to determine if the cause of the unsafe acts or unsafe conditions involved were properly identified and corrected.

     (d) ((Attendance shall be documented.

     (e) Subjects discussed shall be documented.)) A review and update of the site-specific internal traffic safety plan, when required.

     (e) Documentation of attendance.

     (f) Documentation of subjects discussed.

Note:

Subcontractors and their employees may, with the permission of the general contractor, elect to fulfill the requirements of subsection (5)(a) and (b) of this section by attending the prime contractors crew leader-crew safety meeting. Any of the requirements of subsections (6)(a), (b), (c), and (7) of this section not satisfied by the prime contractors safety meetings shall be the responsibility of the individual employers.

     (7) Minutes of each crew leader-crew meeting ((shall)) must be prepared and a copy ((shall)) must be maintained at the location where the majority of the employees of each construction site report for work each day.

     (8) Minutes of crew leader-crew safety meetings ((shall)) must be retained by the employer for at least one year and ((shall)) must be made available for review by personnel of the department, upon request.

     (9) Every employer ((shall)) must conduct walk-around safety inspections as follows:

     (a) At the beginning of each job, and at least weekly thereafter, a walk-around safety inspection ((shall)) must be conducted jointly by one member of management and one employee, elected by the employees, as their authorized representative.

     (b) The employer ((shall)) must document walk-around safety inspections and such documentation ((shall)) must be available for inspection by personnel of the department.

     (c) Records of walk-around inspections ((shall)) must be maintained by the employer until the completion of the job.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-155-110, filed 5/9/01, effective 9/1/01; 00-08-078, § 296-155-110, filed 4/4/00, effective 7/1/00. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-155-110, filed 7/20/94, effective 9/20/94; 92-09-148 (Order 92-01), § 296-155-110, filed 4/22/92, effective 5/25/92. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-110, filed 1/21/86; Order 74-26, § 296-155-110, filed 5/7/74, effective 6/6/74.]

     (3) Diffusion and distribution of artificial and natural light. Artificial light sources shall be installed with regard to mounting height, spacing and reflectors or other suitable accessories so as to secure a reasonably uniform distribution of illumination and to avoid glare and sharply defined shadows which could temporarily reduce a person's ability to see clearly.

Note:

This section establishes minimal levels of illumination for safety purposes only. Guidelines pertaining to optimal levels of lighting and illumination may be found in Practice for Industrial Lighting ANSI/IES RP7-1979.

     (4) The minimum levels specified in subsections (1) and (2) of this section represent averages with the lowest level in an area to be no less than fifty percent of the indicated value.)) (1) Indoor and outdoor workplace lighting, for both task and nontask activities, must meet the requirements listed in the table below:

Lighting Table

Activity	Minimum acceptable average lighting level in an area: (Foot-candles)	Any one single measurement used to determine the average lighting level* cannot be less than: (Foot-candles)
Indoor task	10	5
Outdoor task	5	2.5
Nontask activities for both indoor and outdoor	3	1.5
*Lighting levels must be measured at thirty inches above the floor/working surface at the task.

     (2) When general lighting of an entire outdoor area is not feasible during hours of darkness or during periods of limited visibility, employers must make sure that sufficient lighting is installed on the site or in the zone to illuminate:

     • Potentially hazardous objects;

     • Emergency control equipment; and

     • Vehicle and worker-on-foot traffic lanes.

     (3) Site lighting must not create a disabling glare for workers, vehicle operators and passing motorists.

Note:	Some methods of reducing glare are:
	• Raising or lowering the height of lighting equipment;
	• Using glare-free light balloons and glare screens; and
	• Driving through and observing the lighted area from various directions.

[Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-165, filed 1/21/86; Order 74-26, § 296-155-165, filed 5/7/74, effective 6/6/74.]

     (6) Employers shall ensure that employees wear no less than a short sleeved shirt, long pants, and shoes. Employees shall wear no less than a short sleeved shirt, long pants, and shoes. Shoes shall meet the requirements of WAC 296-155-212.

Note:

For additional personal protective and life saving equipment requirements, refer to WAC 296-800-160.))

(1) PPE includes, but is not limited to, protective clothing, respiratory devices, protective shields and barriers, and personal protective equipment for:

     • Eyes;

     • Face;

     • Head;

     • Arms and legs;

     • Hearing.

     (2) PPE must be used and maintained in a sanitary and reliable condition so employees are protected from:

     • Process and/or environmental hazards;

     • Chemical hazards;

     • Radiological hazards; or

     • Mechanical irritants that can cause physical injury or impairment if absorbed, inhaled, or touched.

     (3) If employees provide their own PPE, the employer must make sure that the equipment is:

     • Adequate for the work assigned; and

     • Properly maintained in a sanitary and reliable condition.

     (4) All PPE must be designed and constructed to protect employees when properly used.

     (5) The employer is responsible for requiring employees to wear appropriate PPE in all operations where:

     • Employees are exposed to hazardous conditions; or

     • Chapter 296-155 WAC, Part C indicates using such equipment is necessary to reduce hazards to employees.

     (6) Employers must make sure that employees performing construction work at a plant, construction site or in a work zone, comply with any plant or job safety practices and procedures related to PPE that are specific to that particular plant and/or industry.

     (7) Employers must make sure that construction site or work zone employees wear, at a minimum:

     • A short-sleeved shirt that covers the top of the shoulder and has material extending down the arm;

     • Long pants that have legs extending past the knee when the wearer stands, and leave no exposed skin on the leg; and

     • Shoes that meet the requirements of WAC 296-155-212.

Note:

For additional personal protective and life saving equipment requirements refer to WAC 296-800-160.

     (8) Employers must make sure that employees exposed to potential hazards from moving machinery parts or the work process:

     • Wear clothing that fits closely about the body.

     • Not wear dangling neckwear, bracelets, wristwatches, rings, or similar articles.

     (9) Employers must make sure that construction site and work zone employees, whose duties are performed during daylight hours in areas and under circumstances where they are exposed to hazards created by moving vehicles, at a minimum, wear:

     • A high-visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel.

     – Specifically, a garment containing at least 775 square inches of background material and 201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the employee.

     – The acceptable high-visibility colors are fluorescent yellow/green, fluorescent orange/red or fluorescent red.

     – This high-visibility safety garment must always be worn as an outer garment; and

     • A high-visibility hard hat whose color is white, yellow, yellow-green, orange or red, when required by WAC 296-155-205 (Head protection).

     • Pants of any high-visibility color other than white, when snow or fog limit visibility.

     (10) Employers must make sure that construction site and work zone employees, whose duties are performed during hours of darkness in areas and under circumstances where they are exposed to hazards created by moving vehicles, at a minimum, wear:

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

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

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

Note:

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

	American National Standards Institute
	11 West 42nd Street
	New York, NY 10036

OR

	Contacting the ANSI website at:
	http://web.ansi.org/

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

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

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-155-200, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-155-200, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-200, filed 1/21/86; Order 76-29, § 296-155-200, filed 9/30/76; Order 74-26, § 296-155-200, filed 5/7/74, effective 6/6/74.]

     • WAC 296-155-601 through 296-155-612 establish minimum internal traffic safety regulations for construction sites and work zones.

     • The purpose of these regulations is to make sure that workers are protected from motor vehicle hazards while working on construction sites or in work zones.

     • For the purpose of these regulations, "vehicle" means all vehicles and mobile equipment or machinery used on a construction site or in a work zone that require an operator or a driver who must sit or stand on the vehicle to perform their work.

[]

     The employer must:

     • Develop and implement a site-specific internal traffic safety plan that is communicated to all workers on the site or in the zone;

     • Maintain and update the plan when appropriate; and

     • Keep a current copy of the plan on site and make it available, upon request, to employees, their designated representatives and representatives of the department.

     (2) On multiple employer worksites, it is the responsibility of the general contractor to make sure that the separate plans are coordinated and communicated to all employers and employees. General contractors may meet this requirement for themselves and their subcontractors by developing a comprehensive plan that addresses all traffic safety issues on the worksite.

     (3) The site-specific internal traffic safety plan must include:

     • Methods used by workers on foot, vehicle operator/drivers and traffic control personnel to communicate with each other.

     • Identifying who is responsible for monitoring all internal traffic communication.

     • A diagram of the site or zone illustrating:

     – Traffic patterns, traffic volumes and speed limits;

     – Areas where workers on foot are prohibited (pedestrian free areas);

     – Locations for storing and servicing materials, vehicles and equipment;

     – Location of all vehicle entrances and exits;

     – Location of delivery and pickup areas;

     – Location of "no-back up" areas;

     – Size and location of buffer areas and physical barriers that establish "traffic free" zones; and

     – Placement of traffic control devices used on public highways according to MUTCD, Part VI (1988 Edition-Revision 4A issued February 19, 1998) recommendations and guidelines and that reflect the actual traffic condition and requirements of the site or zone.

     • A list of standard terms that identify and describe the type and/or class of vehicles, equipment, machinery and personnel that will be used.

[]

Note:

Examples of acceptable training formats are:

•	On-site safety orientations.

•	Tailgate safety meetings.

•	Worker/operator safety classes.

     (2) Safety training must include, but is not limited to, the:

     • Procedures for inspecting, maintaining, operating and parking assigned vehicles.

     • Importance of being familiar with the manufacturer's manual (owner's manual) when operating or driving any vehicles other than a passenger car or light truck.

     • Location, size and shape of vehicle blind areas.

     • Vehicle payload limitations and operating grade limitations.

     • Traffic patterns, volumes, speed limits and the types of vehicles operating on site;

     • Importance of receiving proper training in the use of assigned vehicles.

     • Content of the site-specific internal traffic safety plan.

[]

     (2) An operator or driver's certificate and/or training and experience must be relevant to the specific type of vehicle that they are assigned.

[]

     (2) Specific requirements. (Reserved.))) (1) All construction site or work zone vehicles must comply with WAC 296-155-428 (1)(e) requirements when operated in the vicinity of power lines, energized transmitters or electrical distribution equipment.

     (2) Whenever construction site or work zone activities and/or traffic create dust that significantly reduces visibility, an environmentally approved substance that suppresses dust and restores visibility must be applied to the appropriate ground surfaces. Vehicle operators and drivers exposed to harmful dust must comply with chapter 296-62 WAC Part E (Respiratory protection) requirements.

     (3) All vehicles operating on a site or in a zone must comply with the manufacturer's specification regarding headlights, brake lights and taillights. If headlights, brake lights and/or taillights are required, they must be in operable condition.

     (4) During hours of darkness or periods of limited visibility, all large vehicles such as trucks, tractors, trailers, buses and off-road machines operating on a site or in a zone must be equipped with:

     • Sufficient light to do their job safely.

     • Light strips or reflective tape that effectively increases their visibility and clearly outlines their size on all sides of the vehicle.

     • Low-level lighting so operators can see workers on foot in the vicinity of the vehicle.

     (5) Employers must make sure that:

     • Vehicles only operate on access roads or grades that can safely accommodate them.

     • All site or work zone emergency access ramps and berms are constructed to restrain and control runaway vehicles.

     (6) Employers must make sure that all employees effectively communicate with a vehicle's driver or operator before approaching the vehicle or boarding it.

     (7) Employers must make sure that:

     • Scissors points and/or pinch points on all front-end loaders and similar vehicles that are hazardous to an operator, driver or other employees during normal operations of the vehicle are guarded.

     • Only assigned operators, drivers or experienced persons start construction site or work zone vehicle motors that require crank starting.

     • Operating levers controlling hoisting or dumping devices on vehicles have a latch or some other device that prevents accidental starting or tripping of the levers.

     • Trip handles for dump truck tailgates are located so the operator or driver is clear when dumping.

     • Winch lines, except when a nonspliced end is required, are maintained in good condition with a spliced eye, knob or hook in the working end.

     (8) For the purposes of chapter 296-155 WAC, Parts M (Motor vehicles, mechanized equipment, and marine operations) and Part L (Cranes, derricks, hoists, elevators, and conveyors), the names, terms and descriptions for measurement of dimensions of machinery and attachments must be those described in Society of Automotive Engineers 1970 Handbook, pages 1088 through 1103.

     (9) The safety requirements, ratios, or limitations applicable to machines or attachment usage covered in Power Crane and Shovel Association's Standards numbers 4 and 5 of 1983 or numbers 1 and 2 of 1968, and No. 3 of 1969, are the standards that apply to cranes, machines, and attachments in chapter 296-155 WAC, Part M (Motor vehicles, mechanized equipment, and marine operations).

[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-05-046, § 296-155-605, filed 2/13/98, effective 4/15/98. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-605, filed 1/21/86; Order 74-26, § 296-155-605, filed 5/7/74, effective 6/6/74.]

     (2) Employers must make sure that all vehicles, except passenger cars and light trucks, with obstructed rear or side views are equipped with an audible reverse warning device that:

     • Is in operable condition;

     • Can be heard above the surrounding noise level and from at least fifteen feet from the rear of the vehicle; and

     • Is automatically activated when the vehicle is operated in reverse gear.

     (3) Employers must make sure that strobe lights, capable of being seen during daylight hours, are used as warning devices on vehicles, except passenger cars and light trucks, when site or work zone noise levels cause audible reverse warning devices to be ineffective.

     (4) All site or work zone vehicles with an obstructed view to the rear must be able to eliminate the obstructed view through the use of one of the following before backing up:

     • An operable device that effectively eliminates the obstructed view; or

     • A spotter.

Note:

When a spotter is used, the vehicle must not back up until the spotter has communicated to the driver/operator that the area to which the vehicle is backing is clear of all ground personnel.

     (5) All vehicles must have an audible warning device that:

     • Has a sound clearly distinguishable from the surrounding site or zone noise;

     • Is easily activated by the operator or driver when the vehicle is moving in any direction; and

     • Is maintained in an operative condition.

[]

     • Windshields, powered wipers, and rear view mirrors in operable condition; and

     • Operable defogging or defrosting devices if operating in areas or under conditions that cause fogging or frosting of any cab glass.

     (2) All glass installed in vehicle cabs must:

     • Be safety glass or its equivalent; and

     • Not cause any visible distortion that prevents safe operation of the vehicle.

     (3) Steering (spinner) knobs must not be attached to a vehicle steering wheel unless the steering mechanism prevents road reaction from spinning the steering wheel. If steering knobs are used, they must be mounted within the outer ring or edge of the steering wheel.

     (4) All vehicles loaded by cranes, power shovels, loaders, or similar equipment, must have a cab shield and/or canopy that adequately protects the operator or driver from shifting or falling materials.

     (5) When tools and materials are transported in a vehicle cab or compartment with employees, they must be secured to prevent movement and possible injury to the employees.

[]

     • A firmly secured seat for each employee riding on the vehicle;

     • Seat belts for each seat that comply with the seat belt and anchorage requirements in the U.S. Department of Transportation's Federal Motor Vehicle Safety Standards for:

     – Seat belt assemblies in 49 CFR Part 571.209; and

     – Seat belt assembly anchorages in 49 CFR Part 571.210.

     (2) Employers must not allow employees to:

     • Get on or off any vehicle while it is in motion.

     • Ride or operate, except mechanics and operators in training on earth-moving equipment, a vehicle unless they sit in a seat and wear a seat belt.

     (3) Seat belts are not required on vehicles that:

     • Are designed only for standup operation; or

     • Do not have a rollover protective structure (ROPS) or adequate canopy protection.

Note:

See chapter 296-155 WAC, Part V - Rollover protection structures and overhead protection for rollover protective structures and overhead protection requirements.

     (4) All crawler or wheel tractors, agricultural and industrial tractors, and similar vehicles must have:

     • Seat belts for operators to use when they are seated to perform normal vehicle operations, even though back hoes, breakers, or other similar attachments are used for excavating or other work.

     • Waterproof and comfortable seat cushions for operators to use whenever they operate the vehicle.

     (5) Seat belts for wheel type agricultural and light industrial tractors must comply with the seat belt requirements of Society of Automotive Engineers J333a-1970 (Operator Protection for Agricultural and Light Industrial Tractors) or J1194-94.

     (6) Seat belts for track type tractors, wheel tractor-scrapers, wheel loaders, motor graders, and similar types of construction equipment must comply with the requirements of the Society of Automotive Engineers, J386-1969 (Seat Belts for Construction Equipment) or J386-1997.

[]

     (2) All vehicles must have a service brake system, an emergency brake system, and a parking brake system that are maintained in operable condition. These systems may use common components.

     (3) All earth-moving vehicles such as scrapers, loaders, tractors, bulldozers, graders, off-highway trucks and similar vehicles must be equipped with a service braking system capable of stopping and holding the equipment fully loaded.

[]

     (o) All vehicles in use shall be checked at the beginning of each shift to assure that the following parts, equipment, and accessories are in safe operating condition and free of apparent damage that could cause failure while in use: Service brakes, including trailer brake connections; parking system (hand brake); emergency stopping system (brakes); tires; horn; steering mechanism; coupling devices; seat belts; operating controls; and safety devices. All defects shall be corrected before the vehicle is placed in service. These requirements also apply to equipment such as lights, reflectors, windshield wipers, defrosters, fire extinguishers, steps and handholds for vehicle access, etc., where such equipment is necessary.)) (1) All pneumatic-tired earth-moving haulage equipment such as trucks, scrapers, tractors, and trailing units whose maximum speed exceeds fifteen miles per hour must be equipped with fenders on all wheels unless wheels without fenders do not create a hazard from flying materials. Fenders must meet the requirements of Society of Automotive Engineers SAE J321a-1970 (Fenders for Pneumatic-Tired Earthmoving Haulage Equipment) or J321b-2000.

     (2) If a vehicle is not designed for fenders, mud flaps must be installed instead.

[Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-610, filed 1/21/86; Order 74-26, § 296-155-610, filed 5/7/74, effective 6/6/74.]

     • Service brakes, including trailer brake connections, and coupling devices.

     • Parking system (hand brake) and emergency stopping system (brakes).

     • Automatic reverse warning devices and all other safety devices.

     • Tires; audible warning devices; steering mechanism, seat belts; operating controls, lights, reflectors, windshield wipers, defrosters, fire extinguishers, and steps.

     (2) To prevent accidental lowering, vehicles with dump bodies, platforms, beds, or boxes that can be raised must be equipped with a positive support that is permanently attached to the vehicle and is locked in position while maintenance or inspection work is performed on the dump body, platform, bed or box.

     (3) For all site or work zone vehicles, employers must make sure that manufacturers' maintenance schedules are followed.

     (4) Except for passenger cars and light trucks, employers must make sure that each vehicle cab contains a copy of the manufacturer's operating and/or technical manual.

     (5) All tire servicing on large vehicles such as trucks, tractors, trailers, buses and off-road machines must comply with the requirements in WAC 296-155-61701 through 296-155-61713.

     (6) Use, storage, maintenance and charging of all vehicle batteries must comply with the requirements in WAC 296-155-437, Batteries and battery charging.

     (7) Employers must make sure that all vehicles with defects that prevent the safe operation of the vehicle and/or threaten an employee's safety are:

     • Reported to a designated maintenance person;

     • Promptly taken out of service and inspected; and

     • Repaired before the vehicle is returned to service.

     (8) When a vehicle is repaired or maintained on-site or in a work zone, its controls, except for those needed to perform the repair or maintenance, must be made inoperable so the vehicle cannot move while the repair or maintenance is performed.

     (9) All bulldozer and scraper blades, end-loader buckets, dump bodies, carryall gates and similar vehicle components must either be fully lowered to the ground or positively blocked when maintenance and/or repairs are performed on them.

     (10) All cracked and broken glass in vehicle cabs must be replaced.

[]

     • Have their parking brakes set; and

     • Be parked according to the manufacturer's specifications.

     (2) All unattended vehicles parked on inclines must have their:

     • Parking brakes set; and

     • Wheels turned into the curb or berm; or

     • Wheels chocked or positively secured in some other way if there is no curb or berm.

     (3) During hours of darkness, all unattended vehicles parked next to a highway that is open to traffic or a construction site or work zone where work is in progress must be:

     • Clearly illuminated and visible by lights or reflectors; or

     • Protected by barricades equipped with illuminating lights or reflectors.

     (4) Any vehicle or related part that is suspended or held aloft by slings, hoists, or jacks must be positively blocked or cribbed before any employee can work under or next to it.

     (5) When parked, all bulldozer and scraper blades, carryall gates, end-loader buckets, dump bodies, and similar vehicle components must either be fully lowered to the ground or positively blocked.

[]

     (3) Lifting and hauling equipment)) Powered industrial trucks (other than equipment covered under Part L of this chapter)((.)) and industrial trucks (including forklifts) ((shall)) must meet ((the)) training and other requirements of WAC 296-24-230, ((296-155-605)) 296-155-601 through 296-155-612 and the following:

     (((a))) (1) Lift trucks, stackers, etc., shall have the rated capacity clearly posted on the vehicle so as to be clearly visible to the operator. When auxiliary removable counter-weights are provided by the manufacturer, corresponding alternate rated capacities also ((shall)) must be clearly shown on the vehicle. These ratings ((shall)) must not be exceeded.

     (((b))) (2) No modifications or additions which affect the capacity or safe operation of the equipment ((shall)) must be made without the manufacturer's or professional engineer's written approval. If such modifications or changes are made, the capacity, operation, and maintenance instruction plates, tags, or decals, ((shall)) must be changed accordingly. In no case ((shall)) must the original safety factor of the equipment be reduced.

     (((c))) (3) If a load is lifted by two or more trucks working in unison, the proportion of the total load carried by any one truck ((shall)) must not exceed its capacity.

     (((d))) (4) Steering or spinner knobs ((shall)) must not be attached to the steering wheel unless the steering mechanism is of a type that prevents road reactions from causing the steering handwheel to spin. The steering knob ((shall)) must be mounted within the periphery of the wheel.

     (((e))) (5) All high lift rider industrial trucks ((shall)) must be equipped with overhead guards which meet the configuration and structural requirements as defined in paragraph 502 of American National Standards Institute B56.1-1975, Safety Standards for Powered Industrial Trucks, or B56.1-1993, Safety Standards for Low-lift and High-lift Trucks.

     (((f))) (6) All industrial trucks in use ((shall)) must meet the applicable requirements of design, construction, stability, inspection, testing, maintenance, and operation, as defined in American National Standards Institute B56.1-1975, Safety Standards for Powered Industrial Trucks, or B56.1-1993, Safety Standards for Low-lift and High-lift Trucks.

     (((g))) (7) Unauthorized personnel ((shall)) must not be permitted to ride on powered industrial trucks. A safe place to ride ((shall)) must be provided where riding of trucks is authorized.

     (((h))) (8) When a forklift truck is used for elevating workers a platform ((shall)) must be specifically built for that purpose and ((shall)) must comply with the following requirements:

     (((i))) (a) The platform ((shall)) must be securely attached to the forks and ((shall)) must have standard guardrails and toeboards on all open sides.

     (((ii))) (b) The hydraulic system of the forklift ((shall)) must be so designed that the lift mechanism will not drop faster than one hundred thirty-five feet per minute in the event of a failure in any part of the system. Forklifts used for elevating platforms ((shall)) must be identified that they are so designed.

     (((iii))) (c) A safety strap ((shall)) must be installed or the control lever ((shall)) must be locked to prevent the boom from tilting.

     (((iv) An operator shall be at the controls of the forklift equipment while persons are on the platform.

     (v) The operator shall be in the normal operating position while raising or lowering the platform.

     (vi))) (d) Whenever a truck is equipped with vertical hoisting controls, elevatable with the lifting carriage or forks, the following precautions must be taken for the protection of personnel being elevated:

     • Provide a platform secured to the lifting carriage and/or forks.

     • Provide means whereby personnel on the platform can shut off power to the truck.

     • Provide such protection from falling objects as is necessarily indicated by the operating conditions.

     (e) When the platform is not equipped with controls, an operator must be at the controls of the forklift equipment, and stationed in the normal operating position, when raising or lowering personnel on the platform.

     (f) The vehicle ((shall)) must not travel from point to point while workers are on the platform except that inching or maneuvering at very slow speed is permissible.

     (((vii))) (g) The area between workers on the platform and the mast ((shall)) must be adequately guarded to prevent contact with chains or other shear points.

     (((viii))) (h) All platforms ((shall)) must be visually inspected daily or before each use by the person in charge of the work being performed, and ((shall)) must be tested as frequently as is necessary to maintain minimum safety factors.

     (((ix) Whenever a truck, except for high lift order picker trucks, is equipped with vertical hoisting controls elevatable with the lifting carriage or forks, the following precautions shall be taken for the protection of personnel being elevated.

     (A) Provide a platform secured to the lifting carriage and/or forks.

     (B) Provide means whereby personnel on the platform can shut off power to the truck.

     (C) Provide such protection from falling objects as indicated necessary by the operating conditions.))

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 00-01-176, § 296-155-615, filed 12/21/99, effective 3/1/00. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-05-046, § 296-155-615, filed 2/13/98, effective 4/15/98. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-155-615, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-615, filed 1/21/86; Order 74-26, § 296-155-615, filed 5/7/74, effective 6/6/74.]

     (2) Underground installations.

     (a) The location of utility installations, such as sewer, telephone, fuel, electric, water lines, or any other underground installations that reasonably may be expected to be encountered during excavation work, ((shall)) must be located prior to opening an excavation.

     (b) Utility companies or owners ((shall)) must be contacted within established or customary local response times, advised of the proposed work, and asked to locate the underground utility installation prior to the start of actual excavation.

     (c) When excavation operations approach the location of underground installations, the exact location of the installations ((shall)) must be determined by safe and acceptable means.

     (d) While the excavation is open, underground installations ((shall)) must be protected, supported, or removed as necessary to safeguard employees.

     (3) Access and egress.

     (a) Structural ramps.

     (i) Structural ramps that are used solely by employees as a means of access or egress from excavations ((shall)) must be designed by a competent person. Structural ramps used for access or egress of equipment ((shall)) must be designed by a competent person qualified in structural design, and ((shall)) must be constructed in accordance with the design.

     (ii) Ramps and runways constructed of two or more structural members ((shall)) must have the structural members connected together to prevent displacement.

     (iii) Structural members used for ramps and runways ((shall)) must be of uniform thickness.

     (iv) Cleats or other appropriate means used to connect runway structural members ((shall)) must be attached to the bottom of the runway or ((shall)) must be attached in a manner to prevent tripping.

     (v) Structural ramps used in lieu of steps ((shall)) must be provided with cleats or other surface treatments on the top surface to prevent slipping.

     (b) Means of egress from trench excavations. A stairway, ladder, ramp or other safe means of egress ((shall)) must be located in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees.

     (4) ((Exposure to vehicular traffic. Employees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high-visibility material.)) The employer must make sure that construction site and work zone employees, whose duties are performed in areas and under circumstances where they are exposed to hazards created by moving vehicles, comply with the personal protective equipment requirements in WAC 296-155-200 (9) and (10).

     (5) Exposure to falling loads. No employee ((shall)) must be permitted underneath loads handled by lifting or digging equipment. Employees ((shall)) must be required to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped, in accordance with WAC ((296-155-610 (2)(g))) 296-155-607(4), to provide adequate protection for the operator during loading and unloading operations.

     (6) Warning system for mobile equipment. When mobile equipment is operated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the excavation, a warning system ((shall)) must be utilized such as barricades, hand or mechanical signals, or stop logs. If possible, the grade should be away from the excavation.

     (7) Hazardous atmospheres.

     (a) Testing and controls. In addition to the requirements set forth in parts B-1, C, and C-1 of this chapter (296-155 WAC) to prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions, the following requirements ((shall)) apply:

     (i) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmosphere exists or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation ((shall)) must be tested before employees enter excavations greater than 4 feet (1.22 m) in depth.

     (ii) Adequate precautions ((shall)) must be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions include providing proper respiratory protection or ventilation (([in accordance with parts] [as required by)) according to chapter 296-62 WAC, part E and ((by)) chapter 296-155 WAC, part((])) B-1 (([and C] of this chapter [respectively])) requirements.

     (iii) Adequate precaution ((shall)) must be taken, such as providing ventilation, to prevent employee exposure to an atmosphere containing a concentration of a flammable gas in excess of 10 percent of the lower flammable limit of the gas.

     (iv) When controls are used that are intended to reduce the level of atmospheric contaminants to acceptable levels, testing ((shall)) must be conducted as often as necessary to ensure that the atmosphere remains safe.

     (b) Emergency rescue equipment.

     (i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, ((shall)) must be readily available where hazardous atmospheric conditions exist or may reasonably be expected to develop during work in an excavation. This equipment ((shall)) must be attended when in use.

     (ii) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, ((shall)) must wear a harness with a lifeline securely attached to it. The lifeline ((shall)) must be separate from any line used to handle materials, and ((shall)) must be individually attended at all times while the employee wearing the lifeline is in the excavation.

Note:

See chapter 296-62 WAC, Part M for additional requirements applicable to confined space operations.

     (8) Protection from hazards associated with water accumulation.

     (a) Employees ((shall)) must not work in excavations in which there is accumulated water, or in excavations in which water is accumulating, unless adequate precautions have been taken to protect employees against the hazards posed by water accumulation. The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline.

     (b) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations ((shall)) must be monitored by a competent person to ensure proper operation.

     (c) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means ((shall)) must be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the excavation. Excavations subject to runoff from heavy rains ((will)) require an inspection by a competent person and compliance with subdivisions (a) and (b) of this subsection.

     (9) Stability of adjacent structures.

     (a) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, bracing, or underpinning ((shall)) must be provided to ensure the stability of such structures for the protection of employees.

     (b) Excavation below the level of the base or footing of any foundation or retaining wall that could ((be)) reasonably be expected to pose a hazard to employees ((shall)) must not be permitted, except when:

     (i) A support system, such as underpinning, is provided to ensure the safety of employees and the stability of the structure; or

     (ii) The excavation is in stable rock; or

     (iii) A registered professional engineer has approved the determination that the structure is sufficiently removed from the excavation so as to be unaffected by the excavation activity; or

     (iv) A registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees.

     (c) Sidewalks, pavements, and appurtenant structure ((shall)) must not be undermined unless a support system or another method of protection is provided to protect employees from the possible collapse of such structures.

     (10) Protection of employees from loose rock or soil.

     (a) Adequate protection ((shall)) must be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection ((shall)) must consist of scaling to remove loose material((;)), installation of protective barricades at intervals as necessary on the face to stop and contain falling material((;)), or other means that provide equivalent protection.

     (b) Employees ((shall)) must be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection ((shall)) must be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.

     (11) Inspections.

     (a) Daily inspections of excavations, the adjacent areas, and protective systems ((shall)) must be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection ((shall)) must be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections ((shall)) must also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can ((be)) reasonably be anticipated.

     (b) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees ((shall)) must be removed from the hazardous area until the necessary precautions have been taken to ensure their safety.

     (12) Fall protection.

     (a) Walkways ((shall)) must be provided where employees or equipment are required or permitted to cross over excavations. Guardrails which comply with chapter 296-155 WAC, Part K ((shall)) must be provided where walkways are 4 feet or more above lower levels.

     (b) Adequate ((barrier)) physical barrier protection ((shall)) must be provided at all remotely located excavations. All wells, pits, shafts, etc., ((shall)) must be barricaded or covered. Upon completion of exploration and similar operations, temporary wells, pits, shafts, etc., ((shall)) must be backfilled.

[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-17-094, § 296-155-655, filed 8/17/99, effective 12/1/99; 99-10-071, § 296-155-655, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.040, [49.17].050 and [49.17].060. 96-24-051, § 296-155-655, filed 11/27/96, effective 2/1/97. Statutory Authority: Chapter 49.17 RCW. 95-10-016, § 296-155-655, filed 4/25/95, effective 10/1/95. Statutory Authority: Chapter 49.17 RCW and RCW 49.17.040, [49.17].050 and [49.17].060. 92-22-067 (Order 92-06), § 296-155-655, filed 10/30/92, effective 12/8/92. Statutory Authority: Chapter 49.17 RCW. 91-03-044 (Order 90-18), § 296-155-655, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-655, filed 1/21/86. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-13-053 (Order 81-9), § 296-155-655, filed 6/17/81; Order 76-29, § 296-155-655, filed 9/30/76; Order 74-26, § 296-155-655, filed 5/7/74, effective 6/6/74.]

OTS-5109.2

AMENDATORY SECTION(Amending WSR 01-07-075, filed 3/20/01, effective 4/20/01)

WAC 296-32-240   Employee protection in ((public)) work areas.   (1)(a) Before work begins in the vicinity of vehicular or pedestrian traffic that may endanger employees, traffic control signs, devices, and barriers must be positioned and used according to the requirements of chapter 296-155 WAC, Part E. When flaggers are used, employers((, responsible contractors and/or project owners)) must comply with the requirements of WAC 296-155-305.

     (b) During hours of darkness, warning lights must be prominently displayed and excavated areas must be enclosed with protective barricades.

     (2) When work exposes energized or moving parts that are normally protected, danger signs ((shall)) must be displayed and barricades erected to warn other personnel in the area.

     (3) The employer ((shall insure)) must make sure that ((an)) any employee ((finding any)) who finds crossed or fallen wires ((which)) that create or may create a hazardous situation at the work area does the following:

     (a) Remains on guard or adopts other adequate means to warn other employees of the danger, and

     (b) ((Has)) Notifies the proper authority ((notified)) at the earliest practical moment.

     (4) The employer must make sure that construction site and work zone employees, whose duties are performed in areas and under circumstances where they are exposed to hazards created by moving vehicles, comply with the personal protective equipment requirements in WAC 296-155-200 (9) and (10).

     (5) The employer whose construction site work zone employees perform duties in areas and under circumstances where they are exposed to hazards created by moving vehicles, must comply with the requirements in WAC 296-155-601 through 296-155-612.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050, 2000 c 239 (ESHB 2647), and chapter 34.05 RCW. 01-07-075, § 296-32-240, filed 3/20/01, effective 4/20/01; Order 76-38, § 296-32-240, filed 12/30/76; Order 75-41, § 296-32-240, filed 12/19/75.]

OTS-5110.2

AMENDATORY SECTION(Amending WSR 01-07-075, filed 3/20/01, effective 4/20/01)

WAC 296-45-52530   Employee protection in ((public)) work areas.   (1)(a) Before work begins in the vicinity of vehicular or pedestrian traffic that may endanger employees, traffic control signs, devices, and barriers must be positioned and used according to the requirements of chapter 296-155 WAC, Part E.

     (b) When flaggers are used, employers((, responsible contractors and/or project owners)) must comply with the requirements of WAC 296-155-305.

     (2) During hours of darkness, warning lights must be prominently displayed.

     (3) Excavated areas must be protected with barricades.

     (4) The employer must make sure that construction site and work zone employees, whose duties are performed in areas and under circumstances where they are exposed to hazards created by moving vehicles, comply with the personal protective equipment requirements in WAC 296-155-200 (9) and (10).

     (5) The employer whose construction site and work zone employees perform duties in areas and under circumstances where they are exposed to hazards created by moving vehicles, must comply with the requirements in WAC 296-155-601 through 296-155-612.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050, 2000 c 239 (ESHB 2647), and chapter 34.05 RCW. 01-07-075, § 296-45-52530, filed 3/20/01, effective 4/20/01. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, § 296-45-52530, filed 3/6/98, effective 5/6/98.]

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