PERMANENT RULES
LABOR AND INDUSTRIES
Effective Date of Rule: Thirty-one days after filing.
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. In May and September of 2004, the department filed emergency rules to address the six preventable fatalities since 1999.
Citation of Existing Rules Affected by this Order: Amending WAC 296-155-165 Lighting and illumination, 296-155-200 General requirements for personal protective equipment, 296-155-305 Signaling and flaggers, 296-155-310 Barricades, 296-155-610 Motor vehicles, 296-155-615 Material handling equipment, and 296-155-655 General protection requirements.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.
Adopted under notice filed as WSR 04-14-083 on July 6, 2004.
Changes Other than Editing from Proposed to Adopted Version: WAC 296-155-200 General requirements for personal protective equipment (PPE).
Removed the PPE tables in this section to provide consistency with the presentation of these requirements in WAC 296-155-305 Signaling and flaggers.
Reformatted the PPE requirements and information from the removed tables into subsection (5), High visibility garments.
Moved the definition of "hours of darkness" to WAC 296-155-200 (5)(a).
WAC 296-155-300 Accident prevention signs and tags.
This section was repealed on August 31, 2004, with rule making on chapter 296-24 WAC, Safety standards for general safety and health.
WAC 296-155-305 Signaling and flaggers.
Clarified the definition of "MUTCD" to state, "For purposes of this chapter, MUTCD means the Federal Highway Administration's Manual on Uniform Traffic Control as currently modified and adopted by the Washington State Department of Transportation."
Updated references to the MUTCD throughout the section allowing the definition at the beginning of the section to apply to all other references.
Added an additional link to the MUTCD page of the Department of Transportation's website.
Removed the example, "Use a motion detector with an audible warning" from the note in subsection (4), Adequate warning of approaching vehicles.
Updated the title of Table 1 to read, "Advanced Warning Sign Spacing."
Reformatted the exemption in subsection (8), Advance warning signs. This clarifies that the statement "If terrain does not allow a motorist to see the flagger..." applies to the exemption for mobile operations.
Updated the language in the exemption in subsection (8), Advance warning signs, to read, "If terrain does not allow a motorist to see the flagger from the 'flagger ahead' sign, the distance between the flagger and the sign must be shortened to allow visual contact, but in no case can the distance be less than the distance specified in Table 1, Advance Warning Sign Spacing."
Updated the title of Table 2 to read, "Distance of Flagger Station in Advance of the Work Space."
Added a note to Table 2 in subsection (9), Providing a safe job site for flaggers, to read, "This spacing may be reduced to fit roadway and worksite conditions. Distances greater than those listed in the table are acceptable."
WAC 296-155-310 Barricades.
Updated references to the MUTCD throughout the section allowing the definition in WAC 296-155-305 to apply to all references.
WAC 296-155-610 Motor vehicles on construction sites.
The illustration in subsection [(2)](f), Operating dump trucks in reverse, was updated. The distance directly to the rear of a backing dump truck requiring an observer was rounded down from 35.9 feet to 35 feet.
WAC 296-155-655 General protection requirements.
Clarified the intent of the requirement by deleting the word "public" in subsection (4), Exposure to vehicular traffic. This provides consistency with the requirements in WAC 296-155-200 General requirements for personal protective equipment (PPE).
A final cost-benefit analysis is available by contacting Trista Zugel, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504, phone (360) 902-6805, fax (360) 902-4202, e-mail zugy235@lni.wa.gov.
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 7, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, 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 7, Repealed 0.
Date Adopted: December 1, 2004.
Paul Trause
Director
OTS-7218.7
AMENDATORY SECTION(Amending Order 86-14, filed 1/21/86)
WAC 296-155-165
Lighting and illumination.
(((1)
Lighting which is adjusted to provide a margin of safety in
production and inspection tasks shall be provided and
maintained. The minimum level of task lighting in all indoor
work places shall be an average of ten foot-candles measured
thirty inches above the floor. MSHA approved cap lights are
acceptable for use in tunnel headings.
(2) Whenever general lighting of an entire area is not provided, illumination sufficient to provide visibility of potentially hazardous objects and emergency control equipment shall be supplied. The minimum level of nontask lighting in all indoor work places shall be an average of three foot-candles measured thirty inches above the floor.
(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.
[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.]
(a) Protective equipment, including personal protective equipment for eyes, face, head, hearing, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.
(b) Employee owned equipment. Where employees provide their own protective equipment, the employer shall be responsible to assure its adequacy, including proper maintenance and sanitation of such equipment.
(c) Design. All personal protective equipment shall be of safe design and construction for the work to be performed.
(2) Construction personnel shall comply with plant or job safety practices and procedures, peculiar to particular industries and plants, relating to protective equipment and procedures when engaged in construction work in such plants or job sites.
(3) The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates a need for using such equipment to reduce the hazards to the employees.
(4) Where there is a danger of contact with moving parts of machinery, or the work process is such that a hazard exists:
(a) The clothing of employees shall fit closely about the body.
(b) Dangling neck wear, bracelets, wristwatches, rings, or similar articles shall not be worn by employees.
(5) Employees, whose duties are performed in areas and under circumstances where they are exposed to the danger of moving vehicles, shall wear work vests of highly visible materials, or equivalent distinguishing apparel.
(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.
(a) Personal protective equipment (PPE) must be used wherever physical contact, absorption, or inhalation of a hazard could cause any injury or impairment to the function of any part of the body.
These hazards include:
Hazardous processes;
Environmental hazards;
Chemical hazards;
Radiological hazards;
OR
Mechanical irritants.
| Note: | PPE includes: |
| Protective equipment for eyes, face, head, hearing, and extremities; | |
| Protective clothing; | |
| Respiratory devices; | |
| AND | |
| Protective shields and barriers. |
| Reference: | For requirements on maintaining specific personal protective equipment (PPE), see the following rules. |
| Chapter 296-842 WAC, Respirators; | |
| AND | |
| Chapter 296-817 WAC, Hearing loss prevention. |
Adequate;
Properly maintained;
AND
Sanitary.
(d) All personal protective equipment must be of safe design and construction for the work to be performed.
(2) Minimum clothing requirements.
(a) Employers must ensure that employees wear at least:
A short-sleeved shirt;
Long pants;
AND
Shoes that meet the requirements of WAC 296-155-212, Foot protection.
Definition:
A short-sleeved shirt covers the top of the shoulder and has material extending down the arm. If a short-sleeved shirt has a seam at the end of the shoulder, the material must extend down the arm from the seam.
Long pants have legs that extend past the knee when the wearer stands and leaves no exposed skin on the lower leg.
(b) Where there is a danger of contact with moving parts of machinery, or the work process is such that a hazard exists:
The clothing of employees must fit closely about the body.
Dangling neck wear, bracelets, wristwatches, rings, or similar articles must not be worn by employees.
| Note: | For additional related requirements see WAC 296-155-205, Head protection. |
There is an exposure to hazardous conditions;
OR
WAC 296-155-200, General requirements for personal protective equipment (PPE), indicates a need for using such equipment to reduce the hazards to the employees.
(4) Employees must comply with job safety practices and procedures and PPE requirements that are relevant to the job site.
(5) High visibility garments.
(a) During daylight hours, when employees' duties are performed in close proximity to moving vehicles, employers must make sure that employees wear a high-visibility safety vest, shirt, or jacket that is fluorescent yellow-green, fluorescent orange-red, or fluorescent red in color. This garment must always be worn as an outer garment.
Definition:
For the purpose of this rule, hours of darkness means from one-half hour before sunset to one-half hour after sunrise.
(b) During hours of darkness, when employees' duties are performed in close proximity to moving vehicles, the employer must make sure that employees wear, at a minimum, a high-visibility safety vest, shirt, or jacket:
Designed according to ANSI/ISEA 107-1999 Class 2 specifications;
Worn as an outer garment;
AND
Worn to provide three hundred sixty degrees of visibility around the employee.
| Note: | A high-visibility garment meets Class 2 specifications if the garment: |
| Has an ANSI "Class 2" label; | |
| OR | |
| Has at least seven hundred seventy-five square inches of background material and two hundred one square inches of retroflective material that encircles the torso and is placed to provide three hundred sixty degrees of visibility around the employee. |
| Note: | Fading and soiling may degrade the high-visibility characteristics of the garments. |
| ANSI/ISEA 107-1999 is available by: | |
| Purchasing 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/. | |
| OR | |
| Reading a copy of ANSI/ISEA 107-1999 at any Washington state library. |
[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.]
PART E((SIGNS, SIGNALS, AND BARRICADES)) SIGNALING AND FLAGGERS
AMENDATORY SECTION(Amending WSR 03-06-075, filed 3/4/03,
effective 8/1/03)
WAC 296-155-305
Signaling and flaggers.
Definition:
Flagger means a person who provides temporary traffic control.
For the purposes of this chapter, MUTCD means the Federal Highway Administration's Manual on Uniform Traffic Control as currently modified and adopted by the Washington state department of transportation.
| Link: | For the current version of the MUTCD, see the department of transportation's website at http://www.wsdot.wa.gov/biz/trafficoperations/mutcd.htm. |
(a) When flaggers are used, employers must first apply
the requirements in this section. Then you must set up and
use temporary traffic controls according to the guidelines and
recommendations in Part VI of the ((Federal Highway
Administration's Manual on Uniform Traffic Control Devices
(MUTCD), 1988 Edition-Revision 4, 1995, or the Millennium
Edition)) MUTCD.
(b) Job site workers with specific traffic control responsibilities must be trained in traffic control techniques, device usage, and placement.
Note:
You may purchase copies of the MUTCD by writing:
U.S. Government Printing Office
Superintendent of Documents
Mail Stop: SSOP,
Washington D.C. 20402-9328
You may ((read a copy of the MUTCD at any department of
labor and industries (L&I) service location)) view and print a
copy of the MUTCD at the following website
http://www.wsdot.wa.gov/biz/trafficoperations/mutcd.htm.
(2) When to use flaggers.
(a) ((Flaggers or other appropriate traffic controls must
be used when signs, signals, and barricades do not provide
necessary protection from traffic at operations on or adjacent
to a highway or street.
(b) Flaggers are to be used only when other reasonable traffic control methods will not adequately control traffic in the work zone.
(3) Flagger signaling directions must conform to the guidelines and recommendations of MUTCD, 1988 Edition-Revision 4, Part VI, 1995, as amended by the Washington state department of transportation (WSDOT) pamphlet, "Washington State Modifications to the MUTCD." (M 24-01)
(4)(a) Flagger hand signaling must be by sign paddles or lights approved by WSDOT. During emergency situations, red flags may be used to draw a driver's attention to particularly hazardous conditions. In nonemergency situations, a red flag may be held in a flagger's free hand to supplement the use of a sign paddle or lights.
(b) When sign paddles are used, they must comply with the requirements of MUTCD, 1988 Edition-Revision 4, Part VI, 1995. Specifically, sign paddles:
Must be at least 18 inches in diameter;
Printed with letters at least 6 inches high;
The "STOP" side of the paddle must have a red background with white lettering; and
The "SLOW" side of the paddle must have an orange background with black lettering.
(c) When hand signaling is used during periods of darkness, sign paddles must be retroreflective or illuminated in the same manner as signs.
(5)(a) While flagging during daylight hours, a flagger must, at a minimum, wear:
A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel. Specifically, a garment containing at least 775 square inches of background material and 201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the flagger. The acceptable high visibility colors are fluorescent yellow-green, fluorescent orange-red or fluorescent red; and
A high visibility hard hat. The acceptable high visibility colors are white, yellow, yellow-green, orange or red.
When snow or fog limit visibility, a flagger must wear pants of any high visibility color other than white.
(b) While flagging during hours of darkness, a flagger must at least wear:
A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999 over white coveralls, or other coveralls or trousers that have retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 standards; and
A high visibility hard hat that is marked with at least 12 square inches of retroreflective material applied to provide 360 degrees of visibility.
For the purpose of this rule, "hours of darkness" means one-half hour before sunset and one-half hour after sunrise.
When snow or fog limit visibility, pants, coveralls, or rain gear in a highly visible color with retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 must be worn.
You may purchase copies of ANSI/ISEA 107-1999 by writing:
American National Standards Institute
11 West 42nd Street
New York, NY 10036
or
Contacting the ANSI web site at:
http://web.ansi.org/
You may read a copy of ANSI/ISEA 107-1999 at any Washington state library.
(6)(a) Each flagger must be trained every three years.
(b) Flagger training must be based upon the Manual on Uniform Traffic Control Devices - 1988 Edition-Revision 4, Part VI, 1995 as amended by the Washington state department of transportation pamphlet, "Washington State Modifications to the MUTCD." (M 24-01)
(c) Personnel that have not completed a flagger-training course may be assigned duties as flaggers only during emergencies when a sudden, generally unexpected, set of circumstances demands immediate attention. Such emergency assignments are temporary and last only until a certified flagger can be put into the position. For the purpose of this rule, "emergency" means an unforeseen occurrence endangering life, limb, or property.
(7)(a) Each flagger must have in their possession either a valid Washington traffic control flagger card or a valid flagger card from a state, such as Oregon, Idaho or Montana, having flagger training reciprocity with Washington.
(b) The flagger card must show the following:
Verification that the flagger training prescribed in subsection (6) of this section is completed;
Date the flagger received their flagger training;
Name of the instructor providing the flagger training;
Name of the state that issued the flagger card;
The card's expiration date; and
Flagger's picture or a statement that says "valid with photo ID."
(8) When it is not possible to position work zone flaggers so they are not exposed to traffic or equipment approaching them from behind, the employer, responsible contractor and/or project owner must develop and use a method to ensure that flaggers have adequate warning of such traffic and equipment approaching from behind the flagger.
Note: The following are some nonmandatory examples of methods that may be used to adequately warn flaggers:
Mount a mirror on the flagger's hard hat.
Use a motion detector with an audible warning.
Use a spotter.
Use "jersey" barriers.
The department recognizes the importance of adequately trained flaggers and supports industry efforts to improve the quality of flagger training. However, training alone is not sufficient to comply with the statutory requirement of revising flagger safety standards to improve options available that ensure flagger safety and that flaggers have adequate visual warning of objects approaching from behind them. Likewise, the department believes that standard backup alarms, which are already required on construction equipment, do not meet the intent of the legislature on this issue.
(9)(a) The employer, responsible contractor and/or project owner must conduct an orientation that familiarizes the flagger with the job site each time the flagger is assigned to a new project or when job site conditions change significantly. The orientation must include, but is not limited to:
The flagger's role and location on the job site;
Motor vehicle and equipment in operation at the site;
Job site traffic patterns;
Communications and signals to be used between flaggers and equipment operators;
On-foot escape route; and
Other hazards specific to the job site.
(b) When flaggers are used on a job that will last more than one day, the employer, responsible contractor and/or project owner must keep on-site, a current site specific traffic control plan. The purpose of this plan is to help move traffic through or around the construction zone in a way that protects the safety of the traveling public, pedestrians and workers. The plan must include, but is not limited to, such items as the following when they are appropriate:
Sign use and placement;
Application and removal of pavement markings;
Construction;
Scheduling;
Methods and devices for delineation and channelization;
Placement and maintenance of devices;
Placement of flaggers;
Roadway lighting;
Traffic regulations; and
Surveillance and inspection.
(10) For all flagging operations a three (3) sign advance warning sequence is required on all roadways with a speed limit below 45 mph. A four (4) sign advance warning sequence is required on all roadways with a 45 mph or higher speed limit.
Note: The following table contains required spacing for advance warning sign placement.
(a) Flagger workstations are illuminated during hours of darkness by floodlights.
In no case must floodlighting be permitted to create a disabling glare for drivers. The adequacy of floodlight placement and elimination of potential glare can best be determined by driving through and observing the floodlighted area from each direction on the main roadway after initial floodlight setup.
Emergency situations are exempt from these illumination requirements. For the purpose of this rule, "emergency" means an unforeseen occurrence endangering life, limb, or property.
(b) Warning signs reflect the actual condition of the work zone. When not in use, warning signs must either be taken down or covered.
(c) Flaggers are not assigned other duties while engaged in flagging activities.
(d) Flaggers do not use devices (for example, cell phones, pagers, radio headphone, etc.,) that may distract the vision, hearing, or attention of the flagger. Devices such as two-way radios used for communications between flaggers to direct traffic or ensure flagger safety are acceptable.
(e) Flaggers receive appropriate breaks from flagging so they can remain attentive and alert. For the purpose of this rule, "appropriate break" means a rest period of at least 10 minutes, on the employer's time, for each 4 hours of working time.
Rest periods must be scheduled as near as possible to the midpoint of the work period.
A flagger must not be allowed to work more than three hours without a rest period.
Scheduled rest periods are not required where the nature of the work allows a flagger to take intermittent rest periods equivalent to 10 minutes for each 4 hours worked.)) Flaggers are to be used only when other reasonable traffic control methods will not adequately control traffic in the work zone.
(b) If signs, signals, and barricades do not provide necessary protection from traffic at work zones and construction sites on or adjacent to a highway or street, then you must use flaggers or other appropriate traffic controls.
(3) Flagger signaling.
(a) Flagger signaling must be with sign paddles approved by WSDOT and conform to guidelines and recommendations of MUTCD.
(b) Sign paddles must comply with the requirements of the MUTCD.
(c) When flagging is done during periods of darkness, sign paddles must be retroreflective or illuminated in the same manner as signs.
(d) During emergency situations, red flags, meeting the specifications of the MUTCD, may be used to draw a driver's attention to particularly hazardous conditions. In nonemergency situations, a red flag may be held in a flagger's free hand to supplement the use of a sign paddle.
(4) Adequate warning of approaching vehicles. Employers must:
Position work zone flaggers so they are not exposed to traffic or equipment approaching them from behind.
If this is not possible, then the employer, responsible contractor, and/or project owner must develop and use a method to ensure that flaggers have adequate visual warning of traffic and equipment approaching from behind.
| Note: | The following are some optional examples of methods that may be used to adequately warn or protect flaggers: |
| Mount a mirror on the flagger's hard hat. | |
| Use an observer. | |
| Use "jersey" barriers. |
(5) High-visibility garments for flaggers.
(a) While flagging during daylight hours, a flagger must at least wear, as an outer garment:
A high-visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel.
Consisting of at least 775 square inches of background material that are fluorescent yellow-green, fluorescent orange-red or fluorescent red in color;
AND
201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the flagger.
A high visibility hard hat that is white, yellow, yellow-green, orange or red in color.
| Note: | A high-visibility garment meets Class 2 specifications if the garment: |
| Meets the requirements above; | |
| OR | |
| Has an ANSI "Class 2" label. |
For the purpose of this rule, hours of darkness means one-half hour before sunset to one-half hour after sunrise.
(b) While flagging during hours of darkness, a flagger must at least wear, as an outer garment:
A high-visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999.
Consisting of at least 775 square inches of background material that are fluorescent yellow-green, fluorescent orange-red or fluorescent red in color;
AND
201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the flagger.
White coveralls, or other coveralls or trousers that have retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 standards.
When snow or fog limit visibility, pants, coveralls, or rain gear, meeting these additional requirements must be worn:
- In a highly visible color;
With retroreflective banding on the legs;
Designed according to ANSI/ISEA 107-1999.
A high-visibility hard hat:
Marked with at least 12 square inches of retroreflective material applied to provide 360 degrees of visibility.
| Note: | ANSI/ISEA 107-1999 is available by: |
| Purchasing 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/. | |
| OR | |
| Reading a copy of ANSI/ISEA 107-1999 at any Washington state library. |
(a) Each flagger has in their possession:
A valid Washington traffic control flagger card; or
A valid flagger card from a state such as:
Oregon;
Idaho;
Montana;
OR
Other states having a flagger training reciprocity agreement with Washington.
(b) The flagger card shows the following:
Verification that the flagger training required is completed;
Date the flagger received their flagger training;
Name of the instructor providing the flagger training;
Name of the state that issued the flagger card;
The card's expiration date, not to exceed three years from the date of issuance;
AND
The flagger's picture or a statement that says "valid with photo ID."
(c) Flagger training is based upon the MUTCD.
| Exemption: | Personnel that have not completed a flagger-training course may be assigned duties as flaggers only during emergencies. Emergency assignments are temporary and last only until a certified flagger can be put into the position. |
For the purpose of this rule, emergency means an unforeseen occurrence endangering life, limb, or property.
(7) Flagger orientation and traffic control plan.
(a) The employer, responsible contractor or project owner must conduct an orientation that familiarizes the flagger with the job site. This requirement applies each time the flagger is assigned to a new project or when job site conditions change significantly.
The orientation must include, but is not limited to:
The flagger's role and location on the job site;
Motor vehicle and equipment in operation at the site;
Job site traffic patterns;
Communications and signals to be used between flaggers and equipment operators;
On-foot escape route;
AND
Other hazards specific to the job site.
(b) If flaggers are used on a job that will last more than one day, then the employer, responsible contractor and/or project owner must keep on-site, a current site specific traffic control plan. The purpose of this plan is to help move traffic through or around the construction zone in a way that protects the safety of the traveling public, pedestrians and workers.
The plan must include, but is not limited to, the following items when they are appropriate:
Sign use and placement;
Application and removal of pavement markings;
Construction;
Scheduling;
Methods and devices for delineation and channelization;
Placement and maintenance of devices;
Placement of flaggers;
Roadway lighting;
Traffic regulations;
AND
Surveillance and inspection.
(8) Advance warning signs.
(a) Employers must provide the following on all flagging operations:
A three sign advance warning sequence on all roadways with a speed limit below 45 mph.
A four sign advance warning sequence on all roadways with a 45 mph or higher speed limit.
(b) Warning signs must reflect the actual condition of the work zone. When not in use, warning signs must either be taken down or covered.
(c) Employers must make sure to follow Table 1 for spacing of advance warning sign placement.
Table 1. Advanced Warning Sign Spacing
| Road Type | Speed | Distances Between Advance Warning Signs* | |||
| A** | B** | C** | D** | ||
| Freeways & Expressways | 70 | 1,500 ft.+/- or per the MUTCD. | 1,500 ft.+/- or per the MUTCD. | 1,500 ft.+/- or per the MUTCD. | 1,500 ft.+/- or per the MUTCD. |
| 55 | |||||
| Rural Highways | 65 | 1,000 ft.+/- | 1,000 ft.+/- | 1,000 ft.+/- | 1,000 ft.+/- |
| 60 | |||||
| Rural Roads | 55 | 500 ft.+/- | 500 ft.+/- | 500 ft.+/- | 500 ft.+/- |
| 45 | |||||
| Rural Roads and Urban Arterials | 40 | 350 ft.+/- | 350 ft.+/- | 350 ft.+/- | N/A |
| 35 | |||||
| Rural Roads, Urban Streets, Residential Business Districts | 30 | 200 ft.*** | 200 ft.*** | 200 ft.*** | N/A |
| 25 | |||||
| Urban Streets | 25 | 100 ft.*** | 100 ft.*** | 100 ft.*** | N/A |
| or less | |||||
| *All spacing may be adjusted to accommodate interchange ramps, at-grade intersections, and driveways. | |
| **This refers to the distance between advance warning signs. See Figure 1, Typical Lane Closure on Two-Lane Road. This situation is typical for roadways with speed limits less than 45 mph. | |
| ***This spacing may be reduced in urban areas to fit roadway conditions. |
| Exemption: | In a mobile flagging operation, as defined by the MUTCD when the flagger is moving with the operation, the "flagger ahead (symbol or text)" sign must be: |
| Within 1,500 feet of the flagger; | |
| AND | |
| The flagger station must be seen from the sign. |
|
(a) Flagger stations are located far enough in advance of the work space so that the approaching road users will have sufficient distance to stop before entering the work space. Follow Table 2 for the distance of the flagger workstation in advance of the work space.
Table 2. Distance of Flagger Station in
Advance of the Work Space
| Speed* (mph) | Distance (ft)** |
| 20 | 35 |
| 25 | 55 |
| 30 | 85 |
| 35 | 120 |
| 40 | 170 |
| 45 | 220 |
| 50 | 280 |
| 55 | 335 |
| 60 | 415 |
| 65 | 485 |
| *Posted speed, off-peak 85th-percentile speed prior to work starting or the anticipated operating speed. | |
| **This spacing may be reduced to fit roadway and worksite conditions. Distances greater than those listed in the table are acceptable. |
Definition:
Road user means a vehicle operator, bicyclist, or pedestrian within a public roadway, including workers in temporary traffic control zones.
(c) Flagger workstations are illuminated during hours of darkness by floodlights that do not create glare that poses a hazard for drivers.
| Note: | To identify potential glare, observe the lighted area from various directions and angles on the main roadway after initial floodlight setup. |
| Exemption: | Emergency situations are exempt from these illumination requirements. For the purpose of this rule, emergency means an unforeseen occurrence endangering life, limb, or property. |
(e) Flaggers do not use devices that may distract the flagger's vision, hearing, or attention.
Examples of these devices include cell phones, pagers, radios, and headphones.
Devices such as two-way radios used for communications between flaggers to direct traffic or ensure flagger safety are acceptable.
(f) Flaggers receive a rest period of at least ten minutes, on the employer's time, for each four hours of working time.
Rest periods must be scheduled as near as possible to the midpoint of the work period.
A flagger must not be allowed to work more than three hours without a rest period.
| Exemption: | Scheduled rest periods are not required where the nature of the work allows a flagger to take intermittent rest periods equivalent to ten minutes for each four hours worked. |
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-06-075, § 296-155-305, filed 3/4/03, effective 8/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050, 2000 c 239, and chapter 34.05 RCW. 01-04-015, § 296-155-305, filed 1/26/01, effective 2/28/01. Statutory Authority: Chapter 49.17 RCW. 93-19-142 (Order 93-04), § 296-155-305, filed 9/22/93, effective 11/1/93; 93-01-067 (Order 92-15), § 296-155-305, filed 12/11/92, effective 1/15/93; 89-11-035 (Order 89-03), § 296-155-305, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-305, filed 1/21/86; Order 76-6, § 296-155-305, filed 3/1/76; Order 74-26, § 296-155-305, filed 5/7/74, effective 6/6/74.]
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-06-075, § 296-155-310, filed 3/4/03, effective 8/1/03. Statutory Authority: Chapter 49.17 RCW. 93-19-142 (Order 93-04), § 296-155-310, filed 9/22/93, effective 11/1/93; Order 74-26, § 296-155-310, filed 5/7/74, effective 6/6/74.]
(2) "Signs" are the warnings of hazard, temporarily or permanently affixed or placed, at locations where hazards exist.
(3) "Signals" are moving signs, provided by workers, such as flaggers, or by devices, such as flashing lights, to warn of possible or existing hazards.
(((4) "Tags" are temporary signs, usually attached to a
piece of equipment or part of a structure, to warn of existing
or immediate hazards.))
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-06-075, § 296-155-315, filed 3/4/03, effective 8/1/03. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-155-315, filed 7/20/94, effective 9/20/94; Order 76-6, § 296-155-315, filed 3/1/76.]
(2) General requirements for motor vehicles.
(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.)) Braking systems.
All vehicles must have:
A service brake system;
An emergency brake system;
AND
A parking brake system.
These systems must be maintained in operable condition.
These systems may use common components.
(b) Before leaving a motor vehicle unattended:
(i) The motor ((shall)) must be stopped.
(ii) The parking brake must be engaged and the wheels turned into curb or berm when parked on an incline.
(iii) ((When)) If parking on an incline and there is no
curb or berm, the wheels ((shall)) must 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))) Lighting systems. All vehicles, or combination of
vehicles, ((shall)) must have brake lights in operable
condition, regardless of light conditions.
Employers must meet the requirements in Table 1 below.
Table 1
| If: | Then: | |
| Visibility conditions warrant additional light. | All vehicles, or combinations of vehicles, in use must be equipped with: | |
| | At least two headlights in operable condition; | |
| AND | ||
| | At least two taillights in operable condition. | |
(d) All vehicles ((shall)) must be equipped with an
((adequate)) operable audible warning device (horn) at the
operator's station ((and in an operable condition)).
(e) ((No)) Operating vehicles, other than passenger cars
and pickups, with an obstructed view to the rear. Employers
((shall allow)) must prohibit the use of any motor vehicle
equipment ((having)) that has an obstructed view to the rear
unless the vehicle meets one of the following:
(((i) Vehicles other than passenger cars and pickups
shall have)) 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((:
(ii) The vehicle)) Is backed up ((only)) when an
observer signals that it is safe to do so.
(((f) 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) 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) Tools and material shall be secured to prevent movement when transported in the same compartment with employees.
(i) Vehicles used to transport employees shall have seats firmly secured and adequate for the number of employees to be carried.
(j) 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) 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) 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) Trip handles for tailgates of dump trucks shall be so arranged that, in dumping, the operator will be in the clear.
(n) 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) 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.))
| Reference: | For requirements on operating dump trucks in reverse, see (f) of this subsection, 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 the 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: | |
| ▪ The driver reaches the destination and stops; | |
| OR | |
| ▪ There are no longer employees in the backing zone and it is reasonable to expect that no employee(s) will enter the backing zone. |
(i) You must make sure the dump truck 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.
(ii) 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:
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 is used, such as a video camera.
| Note: | The following diagram defines the backing zone. Distances are reported in feet. |
| 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 payload of four yards. |
All vehicles with cabs must be equipped with:
Windshields;
Powered wipers; and
Rear view mirrors.
Cracked and broken glass must be replaced.
Vehicles operating in areas or under conditions that cause fogging or frosting of the windshields must be equipped with operable defogging or defrosting devices.
(h) Haulage vehicles. Employers must meet the requirement in Table 2 below.
Table 2
| If: | Then: | |
| Any haulage vehicles payload is filled by: | You must have a cab shield and/or canopy adequate to protect the operator from shifting or falling materials. | |
| | Cranes; | |
| | Power shovels; | |
| | Loaders; | |
| OR | ||
| | Similar equipment. | |
Tools and material must be secured to prevent movement when transported in the same compartment as employees.
Vehicles used to transport employees must have seats firmly secured and adequate for the number of employees to be carried.
Seat belts and anchorages meeting the requirements of 49 CFR Part 571 (Department of Transportation, Federal Motor Vehicle Safety Standards) must be installed in all motor vehicles and used by all occupants of the vehicle.
(j) Trucks with dump bodies.
Trucks with dump bodies or raisable platforms, beds, or boxes must be equipped with positive means of support, permanently attached. This positive means of support must be capable of being locked in position to prevent accidental lowering of the body while maintenance or inspection work is being done.
Operating levers, controlling hoisting or dumping devices on haulage bodies, must be equipped with a latch or other device, such as a detent switch, which will prevent accidental starting or tripping of the mechanism.
Trip handles for tailgates of dump trucks must be so arranged that, in dumping, the operator will be in the clear.
(k) Fenders on motor vehicle equipment.
All rubber-tired motor vehicle equipment must be equipped with fenders.
Mud flaps may be used in lieu of fenders whenever motor vehicle equipment is not designed for fenders.
(l) Vehicle safety inspections.
All vehicles in use must be checked at the beginning of each shift to make sure 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.
These requirements also apply where such equipment is necessary.
Lights;
Reflectors;
Windshield wipers;
Defrosters;
Fire extinguishers;
Steps and handholds for vehicle access;
AND
Any other necessary equipment.
All defects must be corrected before the vehicle is placed in service.
[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.]
(a) These rules apply to the following types of earth-moving equipment: Scrapers, loaders, crawler or wheel tractors, bulldozers, off-highway trucks, graders, agricultural and industrial tractors, and similar equipment. The promulgation of specific rules for compactors and rubber-tired "skid-steer" equipment is reserved pending consideration of standards currently being developed.
(b) Seat belts.
(i) Seat belts shall be provided on all equipment covered by this section and shall meet the requirements of the Society of Automotive Engineers, J386-1969, Seat Belts for Construction Equipment. Seat belts for agricultural and light industrial tractors shall meet the seat belt requirements of Society of Automotive Engineers J333a-1970, Operator Protection for Agricultural and Light Industrial Tractors.
(ii) Seat belts need not be provided for equipment which is designed only for standup operation.
(iii) Seat belts shall not be provided for equipment which does not have rollover protective structure (ROPS) or adequate canopy protection.
(c) Access roadways and grades.
(i) No employer shall move or cause to be moved construction equipment or vehicles upon any access roadway or grade unless the access roadway or grade is constructed and maintained to accommodate safely the movement of the equipment and vehicles involved.
(ii) Every emergency access ramp and berm used by an employer shall be constructed to restrain and control runaway vehicles.
(d) Brakes. All earthmoving equipment mentioned in WAC 296-155-615 (1)(a) shall have a service braking system capable of stopping and holding the equipment fully loaded, as specified in Society of Automotive Engineers SAE-J237, Loader Dozer-197l, J236, Graders-1971, and J319b, Scrapers-1971. Brake systems for self-propelled rubber-tired off-highway equipment manufactured after January 1, 1972 shall meet the applicable minimum performance criteria set forth in the following Society of Automotive Engineers Recommended Practices:
| (( |
|||
SAE J236-1971 |
|||
SAE J166-1971 |
|||
SAE J237-1971 |
|||
| and dozer | |||
(f) Rollover protective structures (ROPS). See Part V of this chapter for requirements for rollover protective structures and overhead protection.
(g) Rollover protective structures for off-highway trucks. The promulgation of standards for rollover protective structures for off-highway trucks is reserved pending further study and development.
(h) Specific effective dates -- Brakes and fenders. Equipment mentioned in WAC 296-155-615 (d) and (e) and manufactured after January 1, 1972, which is used by any employer after that date, shall comply with the applicable rules prescribed therein concerning brakes. Equipment mentioned in WAC 296-155-615 (d) and (e) and manufactured before January 1, 1972, which is used by any employer after that date, shall meet the applicable rules prescribed herein not later than October 1, 1974. It should be noted that employers may request variations from the applicable brakes standards required by this part. Employers wishing to seek variations from the applicable brakes rules may submit any requests for variations in accordance with WAC 296-155-010. Any statements should specify how the variation would protect the safety of the employees by providing for any compensating restrictions on the operation of equipment.
(i) Audible alarms.
(i) All bidirectional machines, such as rollers, compactors, front-end loaders, bulldozers, and similar equipment, shall be equipped with a horn, distinguishable from the surrounding noise level, which shall be operated as needed when the machine is moving in either direction. The horn shall be maintained in an operative condition.
(ii) No employer shall permit earthmoving or compacting equipment which has an obstructed view to the rear to be used in reverse gear unless the equipment has in operation a reverse signal alarm distinguishable from the surrounding noise level or an employee signals that it is safe to do so.
(iii) In circumstances where the surrounding noise level is of such amplitude that reverse signal alarms are not effective, amber strobe lights shall be used.
(iv) Operators of equipment which does not have an obstructed view to the rear shall look to the rear while operating the equipment in reverse.
(j) Scissor points. Scissor points on all front-end loaders, which constitute a hazard to the operator during normal operation, shall be guarded.
(k) Tractor motors shall be cranked only by operators or other experienced persons.
(l) Waterproof and comfortable seat cushions shall be provided on tractors at all times when working.
(m) Riders, except mechanics and persons in training to operate equipment, shall not be allowed on equipment unless a seat with a seatbelt is provided and used.
(n) Winch lines shall be maintained in good condition and provided with spliced eye, knob or hook in working end, except under conditions where unspliced end is required.
(o) No repairs on blade or dozer equipment shall be initiated unless motor has been stopped and dozer blade is resting on the ground or securely blocked. The same shall apply to carry-all gates.
(p) Bulldozer blades and carryall gates shall rest on the ground or on blocking when machines are not in operation.
(q) Operator shall not leave controls of tractor with master clutch engaged.
(r) Personnel shall not get on or off machine while machine is in motion.
(s) Where excessive dust conditions are created, such areas shall be sprinkled with water to maintain dust at a minimum.
(t) Respirators shall be worn by operators when subject to harmful dust exposure.
(2) Excavating and other equipment.
(a) Tractors covered in subsection (1) of this section shall have seat belts as required for the operators when seated in the normal seating arrangement for tractor operation, even though backhoes, breakers, or other similar attachments are used on these machines for excavating or other work.
(b) For the purposes of this part and of Part L of this chapter, the nomenclatures and descriptions for measurement of dimensions of machinery and attachments shall be as described in Society of Automotive Engineers 1970 Handbook, pages 1088 through 1103.
(c) The safety requirements, ratios, or limitations applicable to machines or attachment usage covered in Power Crane and Shovel Association's Standards No. 1 and No. 2 of 1968, and No. 3 of 1969, shall be complied with, and shall apply to cranes, machines, and attachments under this part.)) General requirements for earthmoving equipment.
(a) Scope.
These rules apply to the earthmoving equipment. Some examples of earthmoving equipment are:
Scrapers;
Loaders;
Crawler or wheel tractors;
Bulldozers;
Off-highway trucks;
Graders;
Agricultural and industrial tractors;
AND
Similar equipment.
(b) Seat belts.
Seat belts must be provided and used by all operators and passengers on all equipment covered by this section.
Seat belts must meet the requirements of the Society of Automotive Engineers, J386-1969, Seat Belts for Construction Equipment.
Seat belts for agricultural and light industrial tractors must meet the seat belt requirements of Society of Automotive Engineers J333a-1970, Operator Protection for Agricultural and Light Industrial Tractors.
| Exemption: | Seat belts are not required for equipment designed only for standup operation. |
| Exemption: | Mechanics and persons in training may ride on the equipment without a seatbelt if one is not provided. |
Equipment must not be operated on access roadway or grades unless they are constructed and/or maintained to allow for the safe operation of the equipment.
Every emergency access ramp and berm used by an employer must be constructed to restrain and control runaway vehicles.
(d) Brakes.
Earthmoving equipment must have brakes capable of stopping and holding the equipment fully loaded.
Equipment mentioned in (a) of this subsection, General requirements for earthmoving equipment, must have brakes meeting the specifications in Society of Automotive Engineers SAE-J237, Loader Dozer-197l, J236, Graders-1971, and J319b, Scrapers-1971.
Brake systems for self-propelled rubber-tired off-highway equipment manufactured after January 1, 1972, must meet the applicable minimum performance criteria set forth in the following Society of Automotive Engineers Recommended Practices:
| Self-propelled scrapers | SAE J319b-1971 |
| Self-propelled graders | SAE J236-1971 |
| Truck and wagons | SAE J166-1971 |
| Front-end loaders and dozers | SAE J237-1971 |
If pneumatic-tired earthmoving haulage equipment has a maximum speed that exceeds fifteen miles per hour, then the equipment must be equipped with fenders on all wheels to meet the requirements of Society of Automotive Engineers SAE J321a-1970, Fenders for Pneumatic-Tired Earthmoving Haulage Equipment.
An employer may, at any time, seek to show under WAC 296-155-010, Variance and procedure, that the uncovered wheels present no hazard to personnel from flying materials.
| Note: | Examples of pneumatic-tired earthmoving haulage equipment may include: |
| Trucks; | |
| Scrapers; | |
| Tractors; | |
| AND | |
| Trailing units. |
For requirements pertaining to rollover protective structures and overhead protection, see WAC 296-155-950 through 296-155-965.
(g) Audible alarms.
All bidirectional machines must be equipped with a horn, distinguishable from the surrounding noise level. This horn must be:
Operated as needed when the machine is moving in either direction;
AND
Maintained in an operative condition.
| Note: | Examples of bidirectional machines include: |
| Rollers; | |
| Compactors; | |
| Front-end loaders; | |
| Bulldozers; | |
| AND | |
| Similar equipment. |
A reverse signal alarm distinguishable from the surrounding noise level is used;
OR
An observer signals that it is safe to back up.
If the surrounding noise level is of such amplitude that reverse signal alarms are not effective, then amber strobe lights must be used.
(h) Operators must look in the direction of travel.
The driver must look in the direction of, and keep a clear view of the path of travel, when operating equipment in reverse.
| Exemption: | See (g)(ii) of this subsection, Audible alarms, for requirements pertaining to equipment that has an obstructed view to the rear. |
Scissor points on all front-end loaders, which constitute a hazard to the operator during normal operation, must be guarded.
(j) Tractors.
Tractor motors must be cranked only by operators or other experienced persons.
Waterproof and comfortable seat cushions must be provided on tractors at all times when working.
Operator must not leave controls of tractor with master clutch engaged.
(k) Winch lines.
Winch lines must be maintained in good condition and provided with spliced eye, knob or hook in working end, except under conditions where unspliced end is required.
(l) Bulldozers and carry-all gates.
Repairs on blade or dozer equipment must not be initiated unless the motor has been stopped and dozer blade is resting on the ground or securely blocked. The same applies to carry-all gates.
Bulldozer blades and carry-all gates must rest on the ground or on blocking when machines are not in operation.
(m) Moving equipment.
Personnel must not get on or off machine while machine is in motion.
(n) Hazardous conditions.
Where excessive dust conditions are created, such areas must be sprinkled with water or an environmentally safe solution to keep dust at a minimum.
| Reference: | When dust presents a hazard, see chapter 296-841 WAC, Respiratory hazards for additional requirements. |
(a) Tractors covered in subsection (1) of this section must have seat belts as required for the operators when seated in the normal seating arrangement for tractor operation.
(b) For the purposes of this part and of Part L of this chapter, the names and descriptions for measurement of dimensions of machinery and attachments must be as described in Society of Automotive Engineers 1970 Handbook, pages 1088 through 1103.
(c) The safety requirements, ratios, or limitations applicable to machines or attachment usage covered in Power Crane and Shovel Association's Standards No. 1 and No. 2 of 1968, and No. 3 of 1969, must be complied with, and must apply to cranes, machines, and attachments under this part.
(3) Lifting and hauling equipment (other than equipment covered under Part L of this chapter). Industrial trucks (including forklifts) shall meet the requirements of WAC 296-24-230, 296-155-605 and the following:
(a) 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 be clearly shown on the vehicle. These ratings shall not be exceeded.
(b) No modifications or additions which affect the capacity or safe operation of the equipment shall 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 be changed accordingly. In no case shall the original safety factor of the equipment be reduced.
(c) 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 not exceed its capacity.
(d) Steering or spinner knobs shall 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 be mounted within the periphery of the wheel.
(e) All high lift rider industrial trucks shall 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.
(f) All industrial trucks in use shall 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.
(g) Unauthorized personnel shall not be permitted to ride on powered industrial trucks. A safe place to ride shall be provided where riding of trucks is authorized.
(h) When a forklift truck is used for elevating workers a platform shall be specifically built for that purpose and shall comply with the following requirements:
(i) The platform shall be securely attached to the forks and shall have standard guardrails and toeboards on all open sides.
(ii) The hydraulic system of the forklift shall 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 be identified that they are so designed.
(iii) A safety strap shall be installed or the control lever shall 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) The vehicle shall not travel from point to point while workers are on the platform except that inching or maneuvering at very slow speed is permissible.
(vii) The area between workers on the platform and the mast shall be adequately guarded to prevent contact with chains or other shear points.
(viii) All platforms shall be visually inspected daily or before each use by the person in charge of the work being performed, and shall 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 be located prior to opening an excavation.
(b) Utility companies or owners shall 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 be determined by safe and acceptable means.
(d) While the excavation is open, underground installations shall 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 be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be constructed in accordance with the design.
(ii) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent displacement.
(iii) Structural members used for ramps and runways shall be of uniform thickness.
(iv) Cleats or other appropriate means used to connect runway structural members shall be attached to the bottom of the runway or shall be attached in a manner to prevent tripping.
(v) Structural ramps used in lieu of steps shall 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 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)) must be provided
with((,)) and ((shall)) must wear((, warning vests or other
suitable)) high-visibility garments ((marked with or made of
reflectorized or high-visibility material)) meeting the
requirements of WAC 296-155-200, General requirements for
personal protective equipment (PPE).
(5) Exposure to falling loads. No employee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall 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), 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 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 be tested before employees enter excavations greater than 4 feet (1.22 m) in depth.
(ii) Adequate precautions shall 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
chapter 296-62 WAC, part E and by part] B-1 [and C] of this
chapter [respectively])) in accordance with parts B-1 and C of
this chapter respectively.
(iii) Adequate precaution shall 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 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 be readily available where hazardous atmospheric conditions exist or may reasonably be expected to develop during work in an excavation. This equipment shall be attended when in use.
(ii) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a lifeline securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall 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. |
(a) Employees shall 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 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 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 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 expected to pose a hazard to employees shall 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 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 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 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 be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall 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 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 be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably 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 be removed from the hazardous area until the necessary precautions have been taken to ensure their safety.
(12) Fall protection.
(a) Walkways shall 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 be provided where walkways are 4 feet or more above lower levels.
(b) Adequate barrier physical protection shall be provided at all remotely located excavations. All wells, pits, shafts, etc., shall be barricaded or covered. Upon completion of exploration and similar operations, temporary wells, pits, shafts, etc., shall 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.]