Purpose: Motor vehicles, the department has rewritten and clarified requirements relating to motor vehicles. This rule making has placed motor vehicle requirements for general industry (WAC 296-24-233) into one chapter (chapter 296-865 WAC, Motor vehicles). This rule making is part of our goal to rewrite all of WISHA's general occupational safety and health rules for clarity. The department has eliminated unnecessary requirements and outdated terminology.

AMENDED SECTION:

WAC 296-305-04501 Automotive fire apparatus design and construction.

•     Update a reference.

NEW SECTIONS:

WAC 296-865-100 Scope.

•     Created this section to explain the requirements relating to motor vehicles.

WAC 296-865-200 All motor vehicles.

•     Created this summary page to include all the sections located in WAC 296-865-200 that relate to general requirements for all motor vehicles.

WAC 296-865-20005 Motor vehicle operation.

•     Requirements in this section were moved from WAC 296-24-233(1) and Title 46 RCW, Motor vehicles.

WAC 296-865-20010 Transportation of passengers.

•     Requirements in this section were moved from WAC 296-24-233 (15)(a), (b), and Title 46 RCW, Motor vehicles.

WAC 296-865-20015 Motor vehicle equipment.

•     Requirements in this section were moved from WAC 296-24-233 (10), (11), (15)(a), (c), (f), and (k).

WAC 296-865-300 Trucks and trailers.

•     Created this summary page to include all sections located in WAC 296-865-300 that relate to requirements for trucks and trailers.

WAC 296-865-30005 Truck operation.

•     Requirements in this section were moved from WAC 296-24-233 (5), (7), and (8).

WAC 296-865-30010 Dump trucks.

•     Requirements in this section were moved from WAC 296-24-233(9).

WAC 296-865-30015 Semitruck brakes.

•     Requirements in this section were moved from WAC 296-24-233 (2), (3), (4), and (14).

WAC 296-865-30020 Transportation of loads.

•     Requirements in this section were moved from WAC 296-24-233(12).

WAC 296-865-400 Definitions.

•     The following definitions have been added to chapter 296-865 WAC, Motor vehicles: Motor vehicle, semitruck, trailer, and truck.

REPEALED SECTION:

WAC 296-24-233 Motor vehicle trucks and trailers.

•     Repeal this section.

•     Requirements relating to motor vehicles have been moved to chapter 296-865 WAC, Motor vehicles.

     Citation of Existing Rules Affected by this Order: Repealing WAC 296-24-233 Motor vehicle trucks and trailers; and amending WAC 296-305-04501 Automotive fire apparatus design and construction.

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

      Adopted under notice filed as WSR 05-08-112 on April 5, 2005.

     Changes Other than Editing from Proposed to Adopted Version: The following housekeeping changes have been made from the proposal to the adopted language.

WAC 296-865-20010 Transportation of passengers.

•     Moved the requirement to "Make sure vehicles used to transport employees are, at all times, well equipped, covered against the weather, and maintained in good mechanical condition" from Table 1 in WAC 296-865-20015 Motor vehicle equipment, into a bullet in this section.

•     Moved the requirement to "Make sure transporting sharp tools that could present a hazard to employees in the vehicle that you provide compartments or (cargo) screens strong enough to retain the tools" from Table 1 in WAC 296-865-20015 Motor vehicle equipment, into a bullet in this section.

WAC 296-865-20015 Motor vehicle equipment.

•     Moved the requirement to "Make sure all equipment operated on public roadways meets all of the state of Washington motor vehicle laws" from Table 1 into a bullet in this section.

•     Moved the requirement to "Make sure all parts and accessories are safe to use" from Table 1 into a bullet in this section.

•     Rephrased the heading titles and requirements in Table 1.

WAC 296-865-300 Trucks and trailers.

•     Changed the title of WAC 296-865-30020 from "Transportation of loads" to "Truck and trailer loads."

WAC 296-865-30020 Transportation of loads.

•     Changed the title of WAC 296-865-30020 from "Transportation of loads" to "Truck and trailer loads."

     A final cost-benefit analysis is available by contacting Trista Zugel, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504, phone (360) 902-6805, fax (360) 902-4202, e-mail zugy235@lni.wa.gov.

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

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

     Number of Sections Adopted on the Agency's Own Initiative: New 11, Amended 1, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 11, Amended 1, Repealed 1.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 11, Amended 1, Repealed 1.

     Date Adopted: August 3, 2005.

Judy Schurke

for Gary K. Weeks

Director

OTS-7847.3

     Definition:

     Motor vehicle means any vehicle, machine, tractor, trailer, or any combination of these that is driven by mechanical power and used on the roadways in the transportation of people or materials.

     This section does not apply to:

     • Powered industrial trucks (forklifts) covered by another chapter, Powered industrial trucks, chapter 296-863 WAC;

     • Construction equipment covered by another chapter, Safety standards for construction work, chapter 296-155 WAC;

     • Logging trucks covered by another chapter, Logging operations, chapter 296-54 WAC;

     AND

     • Agricultural equipment covered by another chapter, Safety standards for agriculture, chapter 296-307 WAC.

[]

     Your responsibility:

     To make sure all motor vehicle occupants are safe and equipment is safe to use.

     Motor vehicle operation

     WAC 296-865-20005.

     Transportation of passengers

     WAC 296-865-20010.

     Motor vehicle equipment

     WAC 296-865-20015.

[]

     You must:

     • Allow only drivers who are qualified to operate a motor vehicle.

     • Allow only drivers who have a current motor vehicle operator's license to operate motor vehicles on public roadways.

     • Make sure employees follow any site-specific rules and posted speed limits when operating motor vehicles on roadways privately owned and maintained.

[]

     You must:

     • Transport all passengers safely.

     • Make sure all employees use seat belts, if the vehicle is equipped with seat belts.

Exemption:

This does not apply to emergency medical workers during the treatment of a patient in an ambulance.

     You must:

     • Make sure vehicles used to transport employees are, at all times:

     – Well equipped;

     – Covered against the weather;

     AND

     – Maintained in good mechanical condition.

     • Make sure when transporting sharp tools that could present a hazard to employees in the vehicle that you provide compartments or (cargo) screens strong enough to retain the tools.

[]

     You must:

     • Make sure all equipment operated on public roadways meets all of the state of Washington motor vehicle laws.

     • Make sure all parts and accessories are safe to use.

     • Make sure all motor vehicle equipment meets the specification or requirements in Table 1.

Table 1
Motor Vehicle Equipment

[]

     Your responsibility:

     To make sure all trucks and trailers are operated and maintained safely.

     Truck operation

     WAC 296-865-30005.

     Dump trucks

     WAC 296-865-30010.

     Semitruck brakes

     WAC 296-865-30015.

     Truck and trailer loads

     WAC 296-865-30020.

[]

     You must:

     • Make sure truck drivers operate equipment at a safe speed at all times for roadway conditions.

     • Make sure truck drivers either:

     – Sound their horn before starting to back and intermittently during the entire backing operation;

     OR

     – Have a working automatic reverse signal alarm that is audible:

     &sqbul; Above the surrounding noise level;

     AND

     &sqbul; No less than fifteen feet from the rear of the vehicle.

     • Make sure, during the backing of trucks where vision is obstructed, a signal person is stationed at a point giving a clear view of the rear of the truck and the operator of the truck at all times.

[]

     You must:

     • Make sure dump trucks have a device installed on the frame that will hold the bed in the raised position when employees are working underneath.

[]

     You must:

     • Make sure semitrucks are equipped with brakes that will safely hold the maximum load on maximum grades.

Note:

Trailers may use air brakes or other types of brake equipment approved by the Washington state patrol.

     You must:

     • Test brakes before descending a steep grade.

     • Follow the requirements in Table 2, Truck Braking Requirements.

Table 2
Semitruck Braking Requirements

[]

     You must:

     • Make sure all loads transported on trucks or trailers are:

     – Properly secured and distributed;

     AND

     – Limited to a safe operating load for the:

     &sqbul; Condition of the roadway;

     AND

     &sqbul; Capacity of the bridges, trestles, and other structures.

Note:	The commercial motor vehicles unit of the Washington state patrol determines how much weight can be carried on a vehicle by factoring manufacture limitations, number of axles, and other variables. For more information:
	• See RCW 46.44.041, Maximum gross weights -- Wheelbase and axle factors; or
	• Contact the commercial motor vehicles unit of the Washington state patrol at Trucks@wsp.wa.gov.

[]

     Semitruck means a truck and trailer combination designed and used primarily for carrying material and property.

     Trailer means a nonmotorized vehicle designed to be towed by a motor vehicle.

     Truck means any motor vehicle designed, used, or maintained primarily for the transportation of property.

[]

OTS-7953.1

AMENDATORY SECTION(Amending WSR 99-05-080, filed 2/17/99, effective 6/1/99)

WAC 296-305-04501   Automotive fire apparatus design and construction.   (1) All new fire apparatus with the exception of specialized equipment, shall conform to the following minimum safety standards contained in NFPA Booklets No. 1901, 1902, 1903, 1904, and other 1900's.

     (2) Fire apparatus, purchased after December 17, 1977, weighing 10,000 pounds or more shall conform with the following U.S. Department of Transportation standards, when applicable:

     (a) 49 CFR Ch. V (10-93 edition) 571.121 "Air brake systems";

     (b) 49 CFR Ch. V (10-93 edition) 571.106 "Hydraulic brake hoses";

     (c) 49 CFR Ch. V (10-93 edition) 571-211 "Hydraulic brake hoses."

     (3) Employers acquiring used apparatus or used equipment shall not be required to bring it under a more stringent code than the one in force at the time the apparatus was manufactured. However, such vehicle must meet applicable U.S. Department of Transportation standards and chapter 296-865 WAC ((296-24-233)), Motor vehicles.

     (4) Fire apparatus tailboards and steps shall have a nonskid rough surface.

     (5) Exhaust systems shall be installed and maintained in proper condition, and shall be so designed as to minimize the exposure of the fire fighter to the exhaust gases and fumes.

     (6) Spinner knobs shall not be attached to the steering handwheel of fire apparatus.

     (7) The transmission shifting pattern of the apparatus shall be clearly stenciled or labeled and posted so it can be clearly read by the driver while operating the apparatus.

     (8) The height of any apparatus, over seven feet in height from the ground to the top of the beacon or highest point of the apparatus, shall be clearly labeled in a place where it can be easily and clearly read by the driver while operating the apparatus.

     (9) All apparatus in excess of 10,000 pounds loaded weight, shall have the weight of the vehicle in pounds and tons clearly labeled in a place where it can be easily and clearly read by the driver while operating the apparatus.

[Statutory Authority: RCW 49.17.040. 99-05-080, § 296-305-04501, filed 2/17/99, effective 6/1/99. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, § 296-305-04501, filed 5/10/96, effective 1/1/97.]

OTS-7846.1

REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 296-24-233

Motor vehicle trucks and trailers.

© Washington State Code Reviser's Office