Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-03-084.

     Title of Rule and Other Identifying Information: Chapter 296-155 WAC, Safety standards for construction work, 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 eight 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. The department has adopted an emergency rule to address the hazards presented by backing dump trucks. This proposal will include these and other protective requirements.

     In May of 2004, the department filed an emergency rule to address the six preventable fatalities since 1999 of workers being backed over by dump trucks.

     Hearing Location(s): Westcoast Ridpath Hotel, Room: Legend A, 515 West Sprague Avenue, Spokane, WA 99201, on September 14, 2004, at 9:30 a.m.; and at the Department of Labor and Industries, Room: Auditorium, 7273 Linderson Way S.W., Tumwater, WA 98501, on September 17, 2004, at 1:30 p.m.

     Date of Intended Adoption: November 17, 2004.

     Submit Written Comments to: Jamie Scibelli, Administrative Regulations Analyst, Department of Labor and Industries, WISHA Division, P.O. Box 44620, Olympia, WA 98504-4620, fax (360) 902-5529, by September 24, 2004.

     Assistance for Persons with Disabilities: Contact Sally Elliott by August 31, 2004, yous235@lni.wa.gov or (360) 902-5484.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule contains requirements relating to hazards on construction work sites. For anticipated effects, see the department's small business economic impact statement (SBEIS) and cost-benefit analysis (CBA).

     Reasons Supporting Proposal: State-initiated amendments are proposed in response to stakeholder requests that the department adopt permanent rules to protect construction site employees. In addition, the department is proposing to rewrite and clarify requirements relating to hazards on construction sites. The following is being proposed:

WAC 296-155-165 Lighting and illumination.

•     Remove language in this section and add a reference to the lighting requirements in WAC 296-800-210 Lighting of the safety and health core rules.

•     No additional compliance requirements are being established.

WAC 296-155-200 General requirements.

•     Change the title of this section to "General requirements for personal protective equipment (PPE)."

•     Reorganize and rewrite this section for clarity.

•     Add definitions of "hours of darkness," "short-sleeved shirt" and "long pants."

•     Add helpful references to other WISHA rules.

•     Change requirement for high-visibility garments at night to meet Class 2 specifications of ANSI/ISEA 107-1999.

•     Add a note explaining how to obtain ANSI/ISEA 107-1999.

WAC 296-155-300(7) Traffic signs.

•     Update the reference to the Washington State Department of Transportation's Manual on Uniform Traffic Control Devices (MUTCD).

•     Add a note explaining how to obtain the MUTCD.

•     No additional compliance requirements are being established.

WAC 296-155-305 Signaling and flaggers.

•     Reorganize and rewrite this section for clarity.

•     Add a title of subsection (1) as "General requirements for signaling and flaggers."

•     Rewrite this section to clarify when the requirements of this section apply and when the MUTCD applies.

•     Add definition of "flagger."

•     Update the references to the Washington State Department of Transportation's Manual on Uniform Traffic Control Devices (MUTCD).

•     Add a title of subsection (2) as "When to use flaggers."

•     Add a title of subsection (3) as "Flagger signaling."

•     Incorporate language from current WAC 296-155-305(4) into the proposed WAC 296-155-305(3).

•     Add a title of subsection (4) as "Adequate warning of approaching vehicles."

•     Incorporate language from the current WAC 296-155-305(8) into the proposed WAC 296-155-305(4).

•     Add a title of subsection (5) as "High-visibility garments for flaggers."

•     Add a title of subsection (6) as "Flagger training."

•     Incorporate language from the current WAC 296-155-305(7) into the proposed WAC 296-155-305(6).

•     Add a title of subsection (7) as "Flagger orientation and traffic control plan."

•     Incorporate language from the current WAC 296-155-305(9) into the proposed WAC 296-155-305(7).

•     Add a title of subsection (8) as "Advance warning signs."

•     Incorporate language from the current WAC 296-155-305(10) into the proposed WAC 296-155-305(8).

•     Add a title of subsection (9) as "Providing a safe job site for flaggers."

•     Add language and table to clarify the distance of the flagger station in advance of the work space.

•     Add requirement in subsection (9) for flaggers to stand in the shoulder or a closed lane.

•     Add a definition of "road user."

•     Incorporate language from the current WAC 296-155-305(11) into the proposed WAC 296-155-305(9).

WAC 296-155-310 Barricades.

•     Update the reference to the Washington State Department of Transportation's manual on Uniform Traffic Control Devices (MUTCD).

•     No additional compliance requirements are being established.

WAC 296-155-610 Motor vehicles.

•     Reorganize and rewrite this section for clarity.

•     Change the title of this section to "Motor Vehicles on Construction Sites."

•     Change the title of subsection (1) to "Scope."

•     Change the title of subsection (2) to "General requirements for motor vehicles."

•     Add a title of subsection (2)(a) as "Braking systems."

•     Add a title of subsection (2)(b) as "Before leaving a motor vehicle unattended."

•     Add a title of subsection (2)(c) as "Lighting systems."

•     Add a title of subsection (2)(e) as "Operating vehicles, other than passenger cars and pickups, with an obstructed view to the rear."

•     Add subsection (2)(f) "Operating dump trucks in reverse." This section will require an observer when operating a dump truck in reverse.

•     Add a title of subsection (2)(g) as "Windshields."

•     Add a title of subsection (2)(h) as "Haulage vehicles."

•     Add a title of subsection (2)(i) as "Securing material and employees."

•     Add a requirement to use seat belts that are already required by this section.

•     Add a title of subsection (2)(k) as "Fenders on motor vehicle equipment."

•     Add a title of subsection (2)(l) as "Vehicle safety inspections."

WAC 296-155-615 Material handling equipment.

•     No additional compliance requirements are being established.

•     Change the title of this section to "General requirements for earthmoving equipment."

•     Add a title of subsection (1)(a) as "Scope."

•     Incorporate current language from WAC 296-155-615 (1)(b) and (m) into the proposed WAC 296-155-615 (1)(b).

•     Incorporate current language from WAC 296-155-615 (1)(g) into the proposed WAC 296-155-615 (1)(f).

•     Incorporate current language from WAC 296-155-615 (1)(i)(i)-(iii) into the proposed WAC 296-155-615 (1)(g).

•     Repeal current section WAC 296-155-615 (1)(h).

•     Incorporate current language from WAC 296-155-615 (1)(i)(iv) into the proposed WAC 296-155-615 (1)(h).

•     Incorporate current language from WAC 296-155-615 (1)(j) into the proposed WAC 296-155-615 (1)(i).

•     Incorporate current language from WAC 296-155-615 (1)(k), WAC 296-155-615 (1)(l) and WAC 296-155-615 (1)(q) into the proposed WAC 296-155-615 (1)(j).

•     Incorporate current language from WAC 296-155-615(1)(n) into the proposed WAC 296-155-615 (1)(k).

•     Incorporate current language from WAC 296-155-615 (1)(o) and (p) into the proposed WAC 296-155-615 (1)(l).

•     Incorporate current language from WAC 296-155-615 (1)(r) into the proposed WAC 296-155-615 (1)(m).

•     Incorporate current language from WAC 296-155-615 (1)(s) and (t) into the proposed WAC 296-155-615 (1)(n).

WAC 296-155-655 General protection requirements.

•     Add a reference to WAC 296-155-200 General requirements for personal protective equipment (PPE).

•     No additional compliance requirements are being established.

     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 Silverstein, Tumwater, (360) 902-5495.

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

     Throughout 2001, a volunteer stakeholder work group, comprised of representatives from labor, business, the Washington State Department of Transportation, and Labor and Industries staff, drafted suggestions for the development of appropriate rule language. The work group propose several new WAC sections (WAC 296-155-100 through 296-155-612). However, many questions and concerns were raised during the public hearings on the proposed rules, and they were withdrawn on July 19, 2002.

     In the intervening months, a review of the work zone fatality data revealed that the implementation of some set of construction site/work zone traffic safety rules was imperative. The reasons for this lie in the very high fatality rate on Washington state's construction sites. From 1998 to 2003, in Washington state alone, there were seventeen vehicle related fatalities on construction sites. Of these incidents, six or 35% were the result of a dump truck backing over an individual. Notably, operations at the sites were in full compliance with the current safety requirements in that back up alarms, the only current requirement for vehicles with obstructed views, were operable on the vehicles involved in all but one of the fatalities.

     As a result of these findings, L&I is proposing Washington Administrative Code (WAC) amendments to update and improve the Washington Industrial Safety and Health Act (WISHA) rules intended to regulate traffic safety at construction sites. Specifically, the department is proposing amendments to chapter 296-155 WAC, Safety standards for construction work, including amendments to WAC 296-155-200 General requirements for personal protective equipment and 296-155-610 Motor vehicles.

     ECONOMIC ANALYSES REQUIREMENTS OF THE REGULATORY FAIRNESS ACT: Proposed rules and rule amendments must meet the requirements of the Regulatory Fairness Act (RFA), chapter 19.85 RCW before adoption. The RFA is intended to ensure, if legal and feasible, that rules do not impose disproportionate economic burdens on small business. The RFA requires that a small business economic impact statement (SBEIS) be prepared for proposed rules that impose more than minor costs on businesses in an industry.

     According to the RFA, the SBEIS must contain the following:

     (1) A brief description of the reporting, record keeping and other compliance requirement of the proposed rule along with the kinds of professional services that a small business is likely to need for compliance.

     (2) An analysis of all the business compliance costs of the proposed rule.

     (3) Where reasonably applicable, a consideration of whether compliance with the rule will cause businesses to lose sales or revenues.

     (4) The compliance cost of proposed regulations on small businesses¹ is estimated and compared to the compliance cost estimates for the largest 10% of businesses in an industry. These cost comparisons can be estimated as per employee business costs.

     (5) A statement of the steps taken by the agency to reduce the costs of the rule on small businesses as required by RCW 19.85.030(2), or reasonable justification for not doing so, addressing the options listed in RCW 19.85.030(2).

     (6) A description of how the agency will involve small businesses in the development of the rule.

     (7) A list of industries that will be required to comply with the rule. However, this shall not be construed to preclude application of the rule to any business or industry to which it would otherwise apply.

     Details on the proposed rules that require small business economic impact analysis are as follows:

     PERSONAL PROTECTIVE EQUIPMENT: WAC 296-155-200 General requirements for personal protective equipment, the proposed rule would require employees exposed to moving vehicles during hours of darkness to wear vests designed according to Class 2 specifications in American National Standards Institute/Industrial Safety Equipment Association (ANSI/ISEA) 107-1999. The relevant ANSI/ISEA specifications are described below.

     IF: Construction employees' duties are performed during hours of darkness, AND the employees are in areas and under circumstances where they are working in close proximity to moving vehicles

     THEN: At a minimum, employees must 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.

     ANSI/ISEA 107-1999 says that an acceptable garment contains at least 775 square inches of background material and 201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the employee.

     For the purpose of this rule, "hours of darkness" is defined as one half hour before sunset to one half hour after sunrise.

     MOTOR VEHICLES: Currently, WAC 296-155-610 Motor vehicles, requires that no employer allow the use of any motor vehicle equipment having an obstructed view to the rear unless:

     1. 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

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

     The proposed rule leaves this requirement unchanged except with respect to dump trucks. Specifically the proposed rule would require that dump trucks be operated in reverse only when:

     1. The dump truck has an operating automatic reverse signal alarm that is audible above the surrounding noise level no less than fifteen feet from the rear of the vehicle

     AND

     2. If there are unprotected employees on the ground within fifty feet behind the backing dump truck, the dump truck must stop and not proceed until an observer signals that it is safe to do so. The observer must continue to direct the dump truck as long as it is being operated in reverse and there are employees within 50 feet of the back of the vehicle.

     OR: If a dump truck has an operable mechanical device, such as a rear view camera, which provides the driver with a full view behind the dump truck, that vehicle is exempt from the observer requirement because its blind spot has been effectively eliminated. However, vehicles with such mechanical devices must still have an operating automatic reverse signal alarm that meets the requirements described above.

     ASSESSING COMPLIANCE COSTS: A cover letter and compliance cost survey were sent to firms that L&I staff believed were likely to be affected by the proposed rules. The survey had two sections, the first on WAC 296-155-200, General requirements for personal protective equipment and the second on WAC 296-155-610 Motor vehicles.

     The mailing list for the survey, with addresses chosen randomly from L&I's quarterly reporting list, was comprised of 10% of the firms from the following Standard Industrial Classifications²:

1521	General Building & Contractors -- Including Residential
1541	Industrial Building and Warehouses
1542	Nonresidential Construction
16	Heavy Construction
1771	Concrete Work, Structural Steel -- Including Asphalt Paving
1791	Erection
1794	Excavation work-contractors
4813	Telephone Communications
491	Electrical Services
493	Gas Production & Distribution

     In all, eight hundred forty-nine surveys were mailed to firms in these classifications, and two hundred seventeen were returned. Of the two hundred seventeen surveys returned, two hundred nine contained enough information to be used in the analysis for the personal protective equipment, and one hundred ninety-seven contained enough information to be used in the analysis for motor vehicles on construction sites. The resulting response rates were approximately 25% for personal protective equipment and approximately 23% for motor vehicles.

     Respondents were asked some general questions about their businesses, including number of employees and the classification that they believed best described their operations. The following is a summary of the information provided by the respondents on these questions:

     Small Businesses: 199 or approximately 92%

     Large Businesses: 18 or approximately 8%

     These proportions closely match those found in the surveyed population where 95% of firms report fewer than fifty employees.

     Industry and/or sector that best describes the firm's operations:

Classification	Number of Surveys Received	Percent of Total Surveys Received
Asphalt paving	5	2.30%
Concrete work	21	9.68%
Excavation work-contractors	5	2.30%
Gas production and distribution	1	0.46%
General building contractors	115	53.00%
Government operations	4	1.84%
Heavy construction	23	10.60%
Nonresidential construction	7	3.23%
Structural steel erection	2	0.92%
Telephone communications	6	2.76%
Wrecking and demolition	1	0.46%
Other	27	12.44%
Total	217	100%

     Respondents were then asked a series of questions to determine whether their operations were already in compliance with the rule, and if not, what their expected compliance costs would be if the proposed rule was adopted. Results from these questions were used to assess the probable costs of the rule, and whether those costs fall disproportionately on small business. The following sections describe the details obtained from these results.

     (1) Whether a firm's employees work in close proximity to moving vehicles during hours of darkness. If not, they are not subject to the rule.

     (2) If they are subject to the rule, whether their employees already wear ANSI/ISEA Class 2 garments. If they do, they are considered to be in compliance with the proposed rule.

     (3) If they are not already in compliance with the proposed rule, how many garments they expect they will need to purchase in order to comply.

     (4) Whether they believe that they will need to purchase replacement garments on a regular basis, due to wear, loss, etc. If so, how many replacement garments they believe they will need to purchase annually.

     The results obtained from the usable surveys are as follows:

     Of the two hundred nine usable surveys, only thirty or approximately 14% of the firms reported that their employees were exposed to vehicular hazards during hours of darkness.

     The largest 10% of businesses reported that they were currently in compliance and therefore would not incur any new costs as a result of the rule.

     The small businesses that were subject to the rule reported that they would need to purchase eighty-one garments in the first year of the rule and a total of two hundred thirty employees. Using an assumed cost of $17.22³ per garment, this leads to a total compliance cost of approximately $1,395, and a per employee cost of just over $6.00. With respect to replacement garments in future years, respondents reported that they would require approximately twenty-six additional garments per year at a total cost of $447.72⁴, and a per employee cost of $1.95.

     (1) Whether a firm uses dump trucks. If not, they are not subject to the proposed rule.

     (2) Whether a firm that uses dump trucks also uses rear view cameras to eliminate the blind spots behind those trucks. If so, they are not subject to the observer requirement because a rear view camera effectively eliminates blind spots behind their dump trucks.

     (3) Whether they already required an observer in the circumstances described by the rule. If so, they are considered in compliance with the proposed rule.

     (4) If they do not already use observers in all instances where one would be required under the proposed rule, whether they believe that the requirement would cause their employees to work additional hours.

     (5) If they believe that their employees would be required to work additional hours as a result of the rule, how many additional hours did they believe would be required in order to bring their operations into compliance.

     The results obtained from the usable surveys are as follows:

     Of the one hundred ninety-seven usable surveys received, ninety-five or approximately 48% reported that they currently use dump trucks on their work sites. However, three of these firms reported that they did not have any employees in 2003 and, therefore, are exempt from the rule. Of the ninety-two remaining firms, ten or approximately 11% reported that all of their dump trucks were equipped with a rear view camera that eliminates blind spots and were, therefore, not subject the observer requirement. The remaining eighty-two firms were considered subject to the rule and results taken from their responses were used to value compliance costs for small business and the top 10% of large businesses. Of the eighty-two firms considered subject to the rule, nine are classified as large business (fifty-one or more employees) and seventy-three are classified as small business (fifty or fewer employees).

     The largest 10% of large businesses reported approximately three hundred forty employees and an expected increase in hours worked of 2,100 per year. Using an assumed wage of $29.00, this leads to a per employee cost of approximately $179 for large business.

     The seventy-three small businesses that were subject to the rule reported a total of six hundred ninety-five employees and a total increase in hours worked of 1,979. Using an assumed wage of $29.00, this leads to an annual per employee cost of approximately $82.60 for small business.

     CONCLUSION: Since it can be assumed that the distribution of costs given in this analysis are a reasonable approximation of the distribution of industry-wide costs, the department has concluded the following:

     (1) That a disproportionate, though minor impact will likely result from the increase in the personal protective equipment standard. This is because the small business cost is approximately $6.00, while the top 10% of large businesses reported that they were presently in compliance and, therefore, will not incur any costs as a result of the adoption of the rule.

     (2) That the observer requirement for dump trucks will have a proportionately less significant impact on small business than large businesses, because expected costs for small business are $82.60, or approximately 54% less than those for the top 10% of large businesses.

     Given that the survey results do indicate a disproportionate impact with respect to the increase in the personal protective equipment, the department has undertaken the following mitigation steps:

     (1) As stated in the introduction, the initial rule was withdrawn for consideration because, in part, it was expected to have a detrimental economic impact on business. This fact alone has delayed the implementation of the rule for two years.

     (2) The observer requirement, originally intended to apply to all vehicles with obstructed views to the rear, has been scaled down and is now limited to dump trucks only. This has significantly diminished the impact on all affected businesses.

     (3) The effective date for the rule has been delayed ninety days from the date of adoption, which will give firms an opportunity to adapt to the requirements over time.

¹ The RFA defines "small business" as any business entity, including a sole proprietorship, corporation, partnership or other legal entity, that is owned and operated independently from all other businesses, and that has fifty or fewer employees. In this analysis, the number of "employees" is calculated by using full-time equivalents, of two thousand worker hours annually as the best indicator of the number of employees.

² These classifications represent those industry sectors that L&I staff believe are most likely to be affected by the proposed rule, and should not be considered an all inclusive list of industries required to comply with the rule.

³ This value is an average price taken from a sample of market prices for garments meeting the minimum requirements.

⁴ This value does not account for inflation.

     A copy of the statement may be obtained by contacting Trista Zugel, Economic Analyst, Department of Labor and Industries, Legislative and Governmental Affairs, P.O. Box 44001, Olympia, WA 98504, phone (360) 902-6805, fax (360) 902-4202, e-mail zugy235@lni.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Trista Zugel, Economic Analyst, Department of Labor and Industries, Legislative and Governmental Affairs, P.O. Box 44001, Olympia, WA 98504, phone (360) 902-6805, fax (360) 902-4202, e-mail zugy235@lni.wa.gov.

July 6, 2004

Paul Trause

Director

OTS-7218.3

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.

Note:

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

     (4) The minimum levels specified in subsections (1) and (2) of this section represent averages with the lowest level in an area to be no less than fifty percent of the indicated value.)) For lighting and illumination requirements, see WAC 296-800-210, Lighting.

[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.]

Note:

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

)) Supplying personal protective equipment

     (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.

     (b) PPE must be maintained in a sanitary and reliable condition.

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.

     (c) If employees provide their own protective equipment, then the employer is responsible to make sure the PPE is:

     • 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.

     (3) The employer must require employees to wear appropriate PPE in all operations where:

     • 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) Employers must make sure that employees wear high visibility garments as required in Table 1 and Table 2 below.

Table 1

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

Table 2

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.]

((SIGNS, SIGNALS, AND BARRICADES)) SIGNALING AND FLAGGERS
AMENDATORY SECTION(Amending WSR 03-06-075, filed 3/4/03, effective 8/1/03)

WAC 296-155-300   Accident prevention signs and tags.   (1) General. Signs and symbols required by this section shall be visible at all times when work is being performed, and shall be removed or covered promptly when the hazards no longer exist.

     (2) Danger signs.

     (a) Danger signs (see Figure E-1) shall be used only where an immediate hazard exists.

     (b) Danger signs shall have red as the predominating color for the upper panel; black outline on the boarders; and a white lower panel for additional sign wording.

     (3) Caution signs.

     (a) Caution signs (see Figure E-2) shall be used only to warn against potential hazards or to caution against unsafe practices.

     (b) Caution signs shall have yellow as the predominating color; black upper panel and borders; yellow lettering of "caution" on the black panel; and the lower yellow panel for additional sign wording. Black lettering shall be used for additional wording.

Place illustration here.

Place illustration here.

     (a) Every exit sign shall have the word "exit" in plainly legible letters not less than 6 inches high, with the principal strokes of letters not less than three-fourths-inch wide.

     (b) Every exit sign shall be distinctive in color and shall provide contrast with decorations, interior finish, or other signs.

     (5) Safety instruction signs. Safety instruction signs, when used, shall be white with green upper panel with white letters to convey the principal message. Any additional wording on the sign shall be black letters on the white background.

     (6) Directional signs. Directional signs, other than automotive traffic signs specified in subsection (7) of this section, shall be white with a black panel and a white directional symbol. Any additional wording on the sign shall be black letters on the white background.

     (7) Traffic signs.

     (a) Construction areas ((shall)) must be posted with legible traffic signs at points of hazard.

     (b) All traffic control signs or devices used for protection of construction workers ((shall)) must conform to and be set up according to Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), ((1988 Edition, Revision 4, 1995, as amended)) as currently modified and adopted by the Washington state department of transportation (((M24-01) or the Millennium Edition, December 2000, FHWA)).

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.

     (8) Accident prevention tags.

     (a) Accident prevention tags shall be used as a temporary means of warning employees of an existing hazard, such as defective tools, equipment, etc. They shall not be used in place of, or as a substitute for, accident prevention signs.

     (b) Specifications for accident prevention tags similar to those in Table E-1 shall apply.

     (i) Additional rules. American National Standards Institute (ANSI) Z35.1-1972, Specifications for Accident Prevention signs, and Z35.2-1968, Specifications for Accident Prevention Tags, contain rules which are additional to the rules prescribed in this section. The employer shall comply with ANSI Z35.1-1972 and Z35.2-1968 with respect to rules not specifically prescribed in this part.

Place illustration here.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-06-075, § 296-155-300, filed 3/4/03, effective 8/1/03. Statutory Authority: Chapter 49.17 RCW. 93-19-142 (Order 93-04), § 296-155-300, filed 9/22/93, effective 11/1/93; 93-01-067 (Order 92-15), § 296-155-300, filed 12/11/92, effective 1/15/93. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), § 296-155-300, filed 1/21/86; Order 74-26, § 296-155-300, filed 5/7/74, effective 6/6/74.]

     (a) ((Except as otherwise required in these rules, traffic control devices, signs and barricades must be set up and used)) When flaggers are used, employers must first apply the requirements in this section. Then you must set up and use temporary traffic control 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)).

     (b) Job site workers with specific traffic control responsibilities must be trained in traffic control techniques, device usage, and placement.

     Definition:

     Flagger means a person who provides temporary traffic control.

     Manual on Uniform Traffic Control Devices (MUTCD) means the version currently modified and adopted by the Washington state department of transportation.

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.

Note:

High visibility safety garments made of mesh material may be worn by flaggers if they meet the chromaticity requirements of ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel.

Note:

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

     American National Standards Institute

     11 West 42nd Street

     New York, NY 10036

     or

     Contacting the ANSI 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.

Road Type	Distances	Between	Advance Warning	Signs
	A	B	C	D
Urban low speed*	200 ft.	200 ft.	200 ft.	N/A
Urban high speed*	350 ft.	350 ft.	350 ft.	350 ft.
Rural	500 ft.	500 ft.	500 ft.	500 ft.
Expressway/Freeway	1,000 ft.	1,600 ft.	2,600 ft.	2,600 ft.

*	Speed category to be determined by Washington state department of transportation in cooperation with local jurisdictions.

     (11) To protect flaggers, employers, responsible contractors and/or project owners must ensure that:

     (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 warning of traffic and equipment approaching from behind.

Note:	• The following are some optional 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 an observer.
	– 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.

     (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.

     Definition:

     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.

     (6) Flagger training. Employers must make sure that:

     (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 Manual on Uniform Traffic Control Devices (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.

     Definition:

     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. Flagger Station Location

Place illustration here.

Exemption:	In a mobile flagging operation, as defined by the Manual on Uniform Traffic Control Devices (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.

     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.

     (9) Providing a safe job site for flaggers. Employers, responsible contractors and/or project owners must make sure that:

     (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 on
Advance of the Work Space

     (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.

     (d) Flaggers are not assigned other duties while engaged in flagging activities.

     (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

     (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:
	&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.

     (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.

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 payload of four yards.

     (g) Windshields.

     • 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

     • 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.]

     (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:

((Self-propelled			SAE J319b-1971
scrapers
Self-propelled			SAE J236-1971
graders
Trucks and			SAE J166-1971
wagons
Front end loaders			SAE J237-1971))
and dozer

     (e) Fenders. Pneumatic-tired earthmoving haulage equipment (trucks, scrapers, tractors, and trailing units) whose maximum speed exceeds 15 miles per hour, shall 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, of course, at any time seek to show under WAC 296-155-010, that the uncovered wheels present no hazard to personnel from flying materials.

     (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.

     • Seat belts must not be used on equipment that does not have rollover protective structure (ROPS) or adequate canopy protection in place.

Exemption:

Mechanics and persons in training may ride on the equipment without a seatbelt if one is not provided.

     (c) Access roadways and grades.

     • 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

     (e) Fenders.

     • 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.

     (f) Rollover protective structures (ROPS).

     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.

     • Employers must make sure that earthmoving or compacting equipment with an obstructed view to the rear in reverse is not operated unless:

     – 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.

     (i) Scissor points.

     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.

     (2) Excavating and other equipment.

     (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.

     (8) Protection from hazards associated with water accumulation.

     (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.]

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