PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-08-090.
Title of Rule and Other Identifying Information: Motor vehicles, the department is proposing to rewrite and clarify requirements relating to motor vehicles. This proposal will place motor vehicle requirements for general industry (WAC 296-24-233) into one chapter (chapter 296-865 WAC, Motor vehicles). This rule making is part of our goal to rewrite all of WISHA's general occupational safety and health rules for clarity. The department is eliminating unnecessary requirements and outdated terminology.
AMENDED SECTIONS:
WAC 296-305-04501 Automotive fire apparatus design and construction.
| • | Update a reference. |
NEW SECTIONS:
WAC 296-865-100 Scope.
| • | Created this section to explain the requirements relating to motor vehicles. |
| • | Created this summary page to include all the sections located in WAC 296-865-200 that relate to general requirements for all motor vehicles. |
| • | Requirements in this section were moved from WAC 296-24-233(1) and Title 46 RCW, Motor vehicles. |
| • | Requirements in this section were moved from WAC 296-24-233 (15)(a) and (b), and Title 46 RCW, Motor vehicles. |
| • | Requirements in this section were moved from WAC 296-24-233 (10), (11), (15)(a), (c), (f), and (k). |
| • | Created this summary page to include all sections located in WAC 296-865-300 that relate to requirements for trucks and trailers. |
| • | Requirements in this section were moved from WAC 296-24-233 (5), (8), and (7). |
| • | Requirements in this section were moved from WAC 296-24-233(9). |
| • | Requirements in this section were moved from WAC 296-24-233 (2), (3), (4), (14), and (3). |
| • | Requirements in this section were moved from WAC 296-24-233(12). |
| • | The following definitions have been added to chapter 296-865 WAC, Motor vehicles: Motor vehicle, semitruck, trailer, and truck. |
REPEALED SECTION:
WAC 296-24-233 Motor vehicle trucks and trailers.
| • | Repeal this section. |
| • | Requirements relating to motor vehicles have been moved to chapter 296-865 WAC, Motor vehicles. |
Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., S118, Tumwater, WA 98501, on May 10, 2005, at 1:30 p.m.; and at the Department of Labor and Industries, Room 4 (on the 3rd floor), 901 North Monroe Street, Suite 100, Spokane, WA 99201, on May 13, 2005, at 9:30 a.m.
Date of Intended Adoption: August 3, 2005.
Submit Written Comments to: Jamie Scibelli, P.O. Box 44620, Olympia, WA 98504-4620, e-mail Scij235@lni.wa.gov, fax (360) 902-5529, by May 20, 2005.
Assistance for Persons with Disabilities: Contact Kim Johnson by May 3, 2005, Rhok235@lni.wa.gov or (360) 902-5008.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to make this rule easy to read, understand and more usable for employers. This proposal will place motor vehicle requirements for general industry, WAC 296-24-233, into chapter 296-865 WAC, Motor vehicles. There are no anticipated effects.
Reasons Supporting Proposal: See Title of Rule above.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.
Statute Being Implemented: Chapter 49.17 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Labor and Industries, governmental.
Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael Wood, Tumwater, (360) 902-5495.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department does not anticipate costs to small business as a result of this proposal. Per RCW 19.85.030 (1)(a), an agency must prepare a small business economic impact statement if the proposed rule will impose more than minor costs on businesses in an industry. These rules were analyzed for economic impact and it was determined that, in order for these rules to impose any costs, a firm would have to have enough privately owned land that their vehicles never pass from their property to the public roadways. Because small businesses are highly unlikely to meet these conditions, the rule will not impose more than a minor cost on businesses.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Trista Zugel, Department of Labor and Industries, Research and Data Services, P.O. Box 4321 [44321], Olympia, WA 98504-4321, phone (360) 902-5122, fax (360) 902-4249, e-mail Zugy235@lni.wa.gov.
April 5, 2005
Judy Schurke
Acting Director
OTS-7953.1
AMENDATORY SECTION(Amending WSR 99-05-080, filed 2/17/99,
effective 6/1/99)
WAC 296-305-04501
Automotive fire apparatus design and
construction.
(1) All new fire apparatus with the exception
of specialized equipment, shall conform to the following
minimum safety standards contained in NFPA Booklets No. 1901,
1902, 1903, 1904, and other 1900's.
(2) Fire apparatus, purchased after December 17, 1977, weighing 10,000 pounds or more shall conform with the following U.S. Department of Transportation standards, when applicable:
(a) 49 CFR Ch. V (10-93 edition) 571.121 "Air brake systems";
(b) 49 CFR Ch. V (10-93 edition) 571.106 "Hydraulic brake hoses";
(c) 49 CFR Ch. V (10-93 edition) 571-211 "Hydraulic brake hoses."
(3) Employers acquiring used apparatus or used equipment
shall not be required to bring it under a more stringent code
than the one in force at the time the apparatus was
manufactured. However, such vehicle must meet applicable U.S.
Department of Transportation standards and chapter 296-865 WAC
((296-24-233)), Motor vehicles.
(4) Fire apparatus tailboards and steps shall have a nonskid rough surface.
(5) Exhaust systems shall be installed and maintained in proper condition, and shall be so designed as to minimize the exposure of the fire fighter to the exhaust gases and fumes.
(6) Spinner knobs shall not be attached to the steering handwheel of fire apparatus.
(7) The transmission shifting pattern of the apparatus shall be clearly stenciled or labeled and posted so it can be clearly read by the driver while operating the apparatus.
(8) The height of any apparatus, over seven feet in height from the ground to the top of the beacon or highest point of the apparatus, shall be clearly labeled in a place where it can be easily and clearly read by the driver while operating the apparatus.
(9) All apparatus in excess of 10,000 pounds loaded weight, shall have the weight of the vehicle in pounds and tons clearly labeled in a place where it can be easily and clearly read by the driver while operating the apparatus.
[Statutory Authority: RCW 49.17.040. 99-05-080, § 296-305-04501, filed 2/17/99, effective 6/1/99. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, § 296-305-04501, filed 5/10/96, effective 1/1/97.]
OTS-7847.2
MOTOR VEHICLES
Definition:
Motor vehicle means any vehicle, machine, tractor, trailer, or any combination of these that is driven by mechanical power and used on the roadways in the transportation of people or materials.
This section does not apply to:
• Powered industrial trucks (forklifts) covered by another chapter, Powered industrial trucks, chapter 296-863 WAC;
• Construction equipment covered by another chapter, Safety standards for construction work, chapter 296-155 WAC;
• Logging trucks covered by another chapter, Logging operations, chapter 296-54 WAC;
AND
• Agricultural equipment covered by another chapter, Safety standards for agriculture, chapter 296-307 WAC.
[]
Your responsibility:
To make sure all motor vehicle occupants are safe and equipment is safe to use.
Motor vehicle operation
Transportation of passengers
Motor vehicle equipment
[]
You must:
• Allow only drivers who are qualified to operate a motor vehicle.
• Allow only drivers who have a current motor vehicle operator's license to operate motor vehicles on public roadways.
• Make sure employees follow any site-specific rules and posted speed limits when operating motor vehicles on roadways privately owned and maintained.
[]
You must:
• Transport all passengers safely.
• Make sure all employees use seat belts, if the vehicle is equipped with seat belts.
| Exemption: | This does not apply to emergency medical workers during the treatment of a patient in an ambulance. |
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You must:
• Make sure all motor vehicle equipment meets the specification or requirements in Table 1.
Table 1
Motor Vehicle Equipment
| Equipment | Must meet the following specifications or requirements: | |
| All equipment operated on public roadways | Must meet all of the state of Washington motor vehicles laws. | |
| All parts and accessories | Must be safe to use. | |
| Vehicles used to transport employees | Must be, at all times: | |
| – Well equipped; | ||
| – Covered against the weather; | ||
| AND | ||
| – Maintained in good mechanical condition. | ||
| Seats | Must be: | |
| – Properly secured; | ||
| AND | ||
| – Available for every employee in the vehicle. | ||
| Tires | Must be safe: | |
| Helpful Tool: | ||
| Determining Tire Safety | ||
| This helpful tool can help you determine if your tires are worn beyond the point of safety. You can find a copy of this helpful tool in the resource section of this chapter. | ||
| Compartments or (cargo) screens | Must be: | |
| – Provided when transporting sharp tools that could present a hazard to employees in the vehicle; | ||
| AND | ||
| – Strong enough to retain them. | ||
| Exhaust systems | Must be: | |
| – Designed to eliminate the exposure of exhaust gases and fumes; | ||
| AND | ||
| – Installed and maintained in proper condition. | ||
| Fire extinguishers | Must be provided when the vehicle is: | |
| – At least 26,000 pounds (manufacturer's gross weight); | ||
| AND | ||
| – Only used in the state of Washington. | ||
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Your responsibility:
To make sure all trucks and trailers are operated and maintained safely.
Truck operation
Dump trucks
Semitruck brakes
Transportation of loads
[]
You must:
• Make sure truck drivers operate equipment at a safe speed at all times for roadway conditions.
• Make sure truck drivers either:
– Sound their horn before starting to back and intermittently during the entire backing operation;
OR
– Have a working automatic reverse signal alarm that is audible:
&sqbul; Above the surrounding noise level;
AND
&sqbul; No less than fifteen feet from the rear of the vehicle.
• Make sure, during the backing of trucks where vision is obstructed, a signal person is stationed at a point giving a clear view of the rear of the truck and the operator of the truck at all times.
[]
You must:
• Make sure dump trucks have a device installed on the frame that will hold the bed in the raised position when employees are working underneath.
[]
You must:
• Make sure semitrucks are equipped with brakes that will safely hold the maximum load on maximum grades.
| Note: | Trailers may use air brakes or other types of brake equipment approved by the Washington state patrol. |
• Test brakes before descending a steep grade.
• Follow the requirements in Table 2, Truck Braking Requirements.
Table 2
Semitruck Braking Requirements
| When | You must | |
| You park a truck on an incline | – Turn the wheels into the curb; | |
| AND | ||
| – Have at least one "driver" wheel chocked on each side, independent of the braking system. | ||
| Using air brakes | Cut air into the trailer brake system at the time the trailer is attached to the truck. | |
[]
You must:
• Make sure all loads transported on trucks or trailers are:
– Properly secured and distributed;
AND
– Limited to a safe operating load for the:
&sqbul; Condition of the roadway;
AND
&sqbul; Capacity of the bridges, trestles, and other structures.
| Note: | The commercial motor vehicles unit of the Washington state patrol determines how much weight can be carried on a vehicle by factoring manufacture limitations, number of axles, and other variables. For more information: |
| • See RCW 46.44.041, Maximum gross weights -- Wheelbase and axle factors; or | |
| • Contact the commercial motor vehicles unit of the Washington state patrol at Trucks@wsp.wa.gov. |
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Semitruck means a truck and trailer combination designed and used primarily for carrying material and property.
Trailer means a nonmotorized vehicle designed to be towed by a motor vehicle.
Truck means any motor vehicle designed, used, or maintained primarily for the transportation of property.
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OTS-7846.1
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 296-24-233 | Motor vehicle trucks and trailers. |