WSR 04-10-107

EMERGENCY RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 5, 2004, 9:55 a.m. , effective May 12, 2004 ]

Date of Adoption: May 5, 2004.

Purpose: After the department adopted rules protecting flaggers in construction sites in January 2001, WISHA received requests from stakeholders to review the rules regulating protection of construction workers on the construction sites. There have been six fatalities since 1999 that could have been prevented with rules that are more protective of construction workers. The rule is intended to reduce or eliminate the number of serious injuries and fatalities by increasing worker protection from vehicular traffic on construction sites.

Citation of Existing Rules Affected by this Order: Amending WAC 296-155-610 Motor vehicles.

Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: There have been six fatalities over the past five years that could have been prevented with this rule. The rule is intended to reduce or eliminate the number of serious injuries and fatalities while the department is conducting rule making on a permanent rule to protect workers from vehicular traffic on construction sites. An emergency rule is necessary to ensure protection of workers during the months of March through October, when construction work is being conducted with greater frequency.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: May 12, 2004.

May 5, 2004

Paul Trause

Director

OTS-7044.2


AMENDATORY SECTION(Amending Order 86-14, filed 1/21/86)

WAC 296-155-610   Motor vehicles.   (1) Coverage. Motor vehicles as covered by this part include any vehicles that operate on a construction site. The requirements of this section do not apply to equipment for which rules are prescribed in WAC 296-155-615.

(2) General requirements.

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

(b) Before leaving a motor vehicle unattended:

(i) The motor shall be stopped.

(ii) Parking brake engaged and wheels turned into curb or berm when parked on an incline.

(iii) When parking on an incline and there is no curb or berm, the wheels shall be chocked or otherwise secured.

(c)(i) Whenever visibility conditions warrant additional light, all vehicles, or combinations of vehicles, in use shall be equipped with at least two headlights and two taillights in operable condition.

(ii) All vehicles, or combination of vehicles, shall have brake lights in operable condition regardless of light conditions.

(d) All vehicles shall be equipped with an adequate audible warning device at the operator's station and in an operable condition.

(e) ((No employer shall allow the use of any motor vehicle equipment having an obstructed view to the rear unless:

(i) Vehicles other than passenger cars and pickups shall have an automatic reverse signal alarm audible above the surrounding noise level no less than fifteen feet from the rear of the vehicle or:

(ii) The vehicle is backed up only when an observer signals that it is safe to do so.

(f))) Operating vehicles other than passenger cars and pickups, with an obstructed view to the rear.

Employers must prohibit the use of any motor vehicle equipment that has an obstructed view to the rear unless the vehicle meets one of the following:

Has an operable automatic reverse signal alarm audible above the surrounding noise level and audible no less than fifteen feet from the rear of the vehicle;

OR

Is backed up when an observer signals that it is safe to do so.

Reference: For requirements on operating dump trucks in reverse, see subsection (2)(f) of this section, Operating dump trucks in reverse.
Note: If the surrounding noise level is so loud that reverse signal alarms are not effective, then an observer must be used.
An observer can be any individual at the construction site, except a person performing the duties of a flagger.
The observer must:
Be in direct line-of-sight or able to communicate with the driver.
Be able to see the entire backing zone.
Continue to provide direction to the driver until:
&sqbul; The driver reaches the destination and stops;
OR
&sqbul; There are no longer employees in the backing zone and it is reasonable to expect that no employee(s) will enter the backing zone.
(f) Operating dump trucks in reverse.

Before backing a dump truck the driver must determine that no one is currently in the backing zone and it is reasonable to expect that no employee(s) will enter the backing zone while operating the dump truck in reverse.

If employee(s) are in the backing zone or it is reasonable to expect that an employee(s) will enter the backing zone, you must make sure the truck is backed up only when:

(i) The vehicle has an operable automatic reverse signal alarm:

Audible above the surrounding noise level;

AND

Audible no less than fifteen feet from the rear of the vehicle;

AND

(ii) You must make sure that:

An observer signals that it is safe to back;

OR

An operable mechanical device that provides the driver a full view behind the dump truck.

Note: The following diagram defines the backing zone. Distances are reported in feet.

Place illustration here.
Exemption: Employees are considered protected when they are on the opposite side of a fixed barrier such as:
A jersey barrier;
Heavy equipment (such as a paving machine);
OR
A six-inch concrete curb.
Note: The term "dump trucks" includes both belly and rear dump trucks with a minimum pay load of four yards.

(g) All vehicles with cabs shall be equipped with windshields, powered wipers, and rear view mirrors. Cracked and broken glass shall be replaced. Vehicles operating in areas or under conditions that cause fogging or frosting of the windshields shall be equipped with operable defogging or defrosting devices.

(((g))) (h) All haulage vehicles, whose pay load is loaded by means of cranes, power shovels, loaders, or similar equipment, shall have a cab shield and/or canopy adequate to protect the operator from shifting or falling materials.

(((h))) (i) Tools and material shall be secured to prevent movement when transported in the same compartment with employees.

(((i))) (j) Vehicles used to transport employees shall have seats firmly secured and adequate for the number of employees to be carried.

(((j))) (k) Seat belts and anchorages meeting the requirements of 49 CFR Part 571 (Department of Transportation, Federal Motor Vehicle Safety Standards) shall be installed in all motor vehicles.

(((k))) (l) Trucks with dump bodies or raiseable platforms, beds, or boxes shall be equipped with positive means of support, permanently attached, and capable of being locked in position to prevent accidental lowering of the body while maintenance or inspection work is being done.

(((l))) (m) Operating levers, controlling hoisting or dumping devices on haulage bodies, shall be equipped with a latch or other device which will prevent accidental starting or tripping of the mechanism.

(((m))) (n) Trip handles for tailgates of dump trucks shall be so arranged that, in dumping, the operator will be in the clear.

(((n))) (o) All rubber-tired motor vehicle equipment manufactured on or after May 1, 1972, shall be equipped with fenders. All rubber-tired motor vehicle equipment manufactured before May 1, 1972, shall be equipped with fenders not later than October 1, 1974. Mud flaps may be used in lieu of fenders whenever motor vehicle equipment is not designed for fenders.

(((o))) (p) 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.

[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.]

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