W. Va. Code R. § 36-23-30

Current through Register Vol. XLI, No. 37, September 13, 2024

Section 36-23-30 - Tools-Hand and Power

30.1. General requirements.

(a) Condition of tools. All hand and power tools and similar equipment, whether furnished by the employer or by the employee, shall be maintained in a safe condition. All such tools shall be inspected prior to each use and any defective tools shall be removed from service.

(b) Guarding.

(1) When power operated tools are designed to accommodate guards, they shall be equipped with such guards when in use.

(2) Belts, gears, shafts, pulleys, sprockets, spindles, drums, fly wheels, chains, or other reciprocating or moving parts or equipment shall be guarded if such parts are exposed to contact by employees or otherwise create a hazard. Guarding shall meet the requirements as set forth in ANSI B15.1-1953 (R1958), Safety Code for Mechanical Power Transmission Apparatus.

(c) Personal protective equipment. Employees using hand and power tools and exposed to the hazard of falling, flying, abra­sive, and splashing objects, or exposed to harmful dusts, fumes, mists, vapors, or gases shall be provided with the particular personal protective equipment necessary to protect them from the hazard. All personal protective equipment shall meet the requirements and be maintained according to Sections 10-19 of these regulations.

(d) Switches.

All hand-held powered platen sand­ers, grinders with wheels two (2) inches diam­eter or less, routers, planers, laminate trim­mers, nibblers, shears, scroll saws, and jigsaws with blade shanks one-fourth (1/4) of an inch wide or less may be equipped with only a positive "On-Off" control.

All hand-held powered drills, tap­pers, fastener drivers, horizontal, vertical, and angle grinders with wheels greater than two (2) inches in diameter, disc sanders, belt sanders, reciprocat­ing saws, saber saws, and other similar operating powered tools shall be equipped with a momentary contact "On-Off" control and may have a lock-on control pro­vided that turn off can be accomplished by a single motion of the same finger or fingers that turn it on.

All hand-held powered tools, such as circular saws, chain saws, and percussion tools without positive accessory holding means, shall be equipped with a constant pressure switch that will shut off the power when the pressure is released.

Exception: This paragraph does not apply to concrete vibrators, concrete breakers, powered tampers, jackhammers, rock drills, and similar hand operated power tools.

30.2. General requirements for all ma­chines.

(a) Point of operation is the area on a machine where work is actually performed upon the material being processed.

(1) The point of operation of machines whose operation exposes an employ­ee to injury, shall be guarded. The guarding device shall be in conformity with any appro­priate standards therefore, or, in the absence of applicable specific standards, shall be so designed and constructed as to prevent the operator from having any part of his body in the danger zone during the operating cycle.

(2) Special handtools for placing and removing material shall be such as to permit easy handling of material without the operator placing a hand in the danger zone. Such tools shall not be in lieu of other guard­ing required by this section, but can only be used to supplement protection provided.

(3) The following are some of the machines which usually require point of oper­ation guarding:

(i) Guillotine cutters

(ii) Shears

(iii) Alligator shears

(iv) Power presses

(v) Milling machines

(vi) Power saws

(vii) Jointers

(viii) Portable power tools

(ix) Forming rolls and calen­dars

(b) Exposure of blades. When the periphery of the blades of a fan is less than seven (7) feet above the floor or working level, the blades shall be guarded. The guard shall have openings no larger than one-half (1/2) inch.

(c) Anchoring fixed machinery. Machines designed for a fixed location shall be securely anchored to prevent walking or mov­ing.

30.3. Handtools.

(a) Employers shall not issue or per­mit the use of unsafe handtools.

(b) Wrenches, including adjustable, pipe, end, and socket wrenches shall not be used when jaws are sprung to the point that slippage occurs.

(c) Impact tools, such as drift pins, wedges, and chisels, shall be kept free of mushroomed heads.

(d) The wooden handles of tools shall be kept free of splinters or cracks and shall be kept tight in the tool.

30.4. Power-operated tools.

(a) Electric power-operated tools.

(1) Electric power operated tools shall either be of the approved double-­insulated type or grounded in accordance with this part.

(2) The use of electric cords for hoisting or lowering tools shall not be permit­ted.

(b) Pneumatic power tools.

(1) Pneumatic power tools shall be secured to the hose or whip by some posi­tive means to prevent the tools from becoming accidentally disconnected.

(2) Safety clips or retainers shall be securely installed and maintained on pneu­matic impact (percussion) tools to prevent attachments from being accidentally expelled.

(3) All pneumatically driven nailers, staplers, and other similar equipment provided with automatic fastener feed, which operate at more than one hundred (100) p.s.i. pressure at the tool shall have a safety device on the muzzle to prevent the tool from ejecting fasteners, unless the muzzle is in contact with the work surface.

(4) Compressed air shall not be used for cleaning purposes except where re­duced to less than thirty (30) p.s.i. and then only with effective chip guarding and personal protective equipment which meets the require­ments of this part. The thirty (30) p.s.i. requirement does not apply for concrete form, mill scale and similar cleaning purposes.

(5) The manufacturer's safe operating pressure for hoses, pipes, valves, filters, and other fittings shall not be exceeded.

(6) The use of hoses for hoisting or lowering tools shall not be permitted.

(7) All hoses exceeding one-half (1/2) inch inside diameter shall have a safety device at the source of supply or branch line to reduce pressure in case of hose failure.

(8) Airless spray guns of the type which atomize paints and fluids at high pres­sures (one thousand (1,000) pounds or more per square inch) shall be equipped with auto­matic or visible manual safety devices which will prevent pulling of the trigger to prevent release of the paint or fluid until the safety device is manually released.

(9) In lieu of the above, a dif­fuser nut which will prevent high pressure, high velocity release, while the nozzle tip is removed, plus a nozzle tip guard which will prevent the tip from coming into contact with the operator, or other equivalent protection, shall be provided.

(c) Fuel powered tools.

(1) All fuel powered tools shall be stopped while being refueled, serviced, or maintained, and fuel shall be transported, handled, and stored in accordance with this section.

(2) When fuel powered tools are used in enclosed spaces, the applicable re­quirements for concentrations of toxic gases and use of personal protective equipment shall apply.

(d) Hydraulic power tools.

(1) The fluid used in hydraulic powered tools shall be fire-resistant fluids and shall retain its operating characteris­tics at the most extreme temperatures to which it will be exposed.

(2) The manufacturer's safe operating pressures for hoses, valves, pipes, filters, and other fittings shall not be exceeded.

(e) Powder-actuated tools.

(1) Only employees who have been trained in the operation and the safety hazards of the particular tools in use shall be allowed to operate a powder-actuated tool.

(2) The tool shall be tested each day before loading to see that safety devices are in proper working condition. The method of testing shall be in accordance with the manufacturer's recommended procedure.

(3) Any tool found not in proper working order, or that develops a defect dur­ing use, shall be immediately removed from service and not used until properly repaired.

(4) Personal protective equipment shall be in accordance with subsections of this part.

(5) Tools shall not be loaded until just prior to the intended firing time. Neither loaded nor empty tools are to be pointed at any employees. Hands shall be kept clear of the open barrel end.

(6) Loaded tools shall not be left unattended.

(7) Fasteners shall not be driven into very hard or brittle materials including, but not limited to, cast iron, glazed title, surface-hardened steel, glass block, live rock, face brick, or hollow tile.

(8) Driving into materials easily penetrated shall be avoided unless such materi­als are backed by a substance that will prevent the pin or fastener from passing completely through and creating a flying missile hazard on the other side.

(9) No fastener shall be driven into a spalled area caused by an unsatisfactory fastening.

(10) Tools shall not be used in an explosive or flammable atmosphere.

(11) All tools shall be used with the correct shield, guard, or attachment rec­ommended by the manufacturer.

(12) Powder-actuated tools used by employees shall meet all other applicable requirements of the American National Standards Institute A10.3-1970, Safety Re­quirements for Explosive-Actuated Fastening Tools.

30.5. Other portable tools and equipment. Abrasive blast cleaning nozzles. The blast cleaning nozzles shall be equipped with an operating valve which must be held open manually. A support shall be provided on which the nozzle may be mounted when it is not in use.

30.6. Abrasive wheels and tools.

(a) Power. All grinding machines shall be supplied with sufficient power to maintain the spindle speed at safe levels under all conditions of normal operation.

(b) Guarding. Grinding machines shall be equipped with safety guards in con­formance with the requirements of ANSI B7.1-1970, Safety Code for the use, care and protection of abrasive wheels, and Sections 10, 11, and 12 of these regulations.

(c) Use of abrasive wheels.

(1) Floor stand and bench mounted abrasive wheels, used for external grinding, shall be provided with safety guards (protection bonds). The maximum angular exposure of the grinding wheel periphery and sides shall be not more than ninety (90) de­grees, except that when work requires contact with the wheel below the horizontal plane of the spindle, the angular exposure shall not exceed one hundred twenty-five (125) degrees. In either case, the exposure shall begin not more than sixty-five (65) degrees above the horizontal plane of the spindle. Safety guards shall be strong enough to withstand the effect of a bursting wheel.

(2) Floor and bench-mounted grinders shall be provided with work rests which are rigidly supported and readily ad­justable. Such work rests shall be kept at a distance not to exceed one-eighth (1/8) inch from the surface of the wheel.

(3) Cup type wheels used for external grinding shall be protected by either a revolving cup guard or a band type guard in accordance with the provisions of the ANSI B7.1-1970, Safety Code for the use, care, and protection of abrasive wheels. All other porta­ble abrasive wheels used for external grinding, shall be provided with safety guards (protec­tion hoods) meeting the requirements of sub­paragraph (5) of this paragraph, except as follows:

(i) When the work location makes it impossible, a wheel equipped with safety flanges, as described in subparagraph six (6) of this paragraph, shall be used;

(ii) When wheels two (2) inches or less in diameter which are securely mounted on the end of a steel mandrel are used.

(4) Portable abrasive wheels used for internal grinding shall be provided with safety flanges (protection flanges) meeting the requirements of subparagraph six (6) of this paragraph, except as follows:

(i) When wheels two (2) inches or less in diameter which are securely mounted on the end of a steel mandrel are used;

(ii) If the wheel is entirely within the work being ground while in use.

(5) When safety guards are re­quired, they shall be so mounted as to maintain proper alignment with the wheel, and the guard and its fastenings shall be of sufficient strength to retain fragments of the wheel in case of accidental breakage. The maximum angular exposure of the grinding exposure of the grinding wheel periphery and sides shall not exceed one hundred eighty (180) degrees.

(6) When safety flanges are required, they shall be used only with wheels designed to fit the flanges. Only safety flang­es, of a type and design and properly assem­bled so as to ensure that the pieces of the wheel will be retained in case of accidental breakage, shall be used.

(7) All abrasive wheels shall be closely inspected and ring-tested before mounting to ensure that they are free from cracks or defects.

(8) Grinding wheels shall fit freely on the spindle and shall not be forced on. The spindle nut shall be tightened only enough to hold the wheel in place.

(9) All employees using abrasive wheels shall be protected by eye protection equipment in accordance with the require­ments of this part, except when adequate eye protection is afforded by eye shields which are permanently attached to the bench or floor stand.

(d) Other requirements. All abrasive wheels and tools used by employees shall meet other applicable requirements of ANSI B7.1-1970, Safety Code for the use, care and protection of abrasive wheels.

30.7. Woodworking tools.

(a) Disconnect switches. All fixed power driven woodworking tools shall be provided with a disconnect switch that can either be locked or tagged in the off position.

(b) Speeds. The operating speed shall be etched or otherwise permanently marked on all circular saws over twenty (20) inches in diameter or operating at over ten thousand (10,000) peripheral feet per minute. Any saw so marked shall not be operated at a speed other than that marked on the blade. When a marked saw is retensioned for a different speed, the marking shall be corrected to show the new speed.

(c) Self-feed. Automatic feeding devices shall be installed on machines whenev­er the nature of the work will permit. Feeder attachments shall have the feed rolls or other moving parts covered or guarded so as to protect the operator from hazardous points.

(d) Guarding. All portable, power-­driven circular saws shall be equipped with guards above and below the base plate or shoe. The upper guard shall cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for level cuts. The lower guard shall cover the saw to the depth of the teeth, except for the mini­mum arc required to allow proper retraction and contact with the work. When the tool is withdrawn from the work, the lower guard shall automatically and instantly return to the covering position.

(e) Personal protective equipment. All personal protective equipment provided for use shall conform to this part.

(f) Other requirements. All wood­working tools and machinery shall meet other applicable requirements of ANSI, 01.1-1961, Safety Code for woodworking machinery.

30.8. Jacks -lever and ratchet, screw, and hydraulic.

(a) General requirements.

(1) The manufacturer's rated capacity shall be legibly marked on all jacks and shall not be exceeded.

(2) All jacks shall have a positive stop to prevent overtravel.

(b) Lift slab construction.

(1) Hydraulic jacks used in lift slab construction shall have a safety device which will cause the jacks to support the load in any position in the event of jack malfunc­tions.

(2) If lift slabs are automatically controlled, a device shall be installed which will stop the operation when the one-half (1/2) inch leveling tolerance is exceeded.

(c) Blocking. When it is necessary to provide a firm foundation, the base of the jack shall be blocked or cribbed. Where there is a possibility of slippage of the metal cap of the jack, a wood block shall be placed between the cap and the load.

30.9. Other portable tools and equipment.

(a) Jacks. Operation and mainte­nance.

(1) After the load has been raised, it shall be cribbed, blocked, or other­wise secured at once.

(2) Hydraulic jacks exposed to freezing temperatures shall be supplied with an adequate antifreeze liquid.

(3) All jacks shall be properly lubricated at regular intervals. The lubricating instructions of the manufacturer should be followed, and only lubricants recommended by him should be used.

(4) Each jack shall be thoroughly inspected at times which depend upon the service conditions. Inspections shall be not less frequent than the following:

(i) For constant or intermit­tent use at one (1) locality, once every six (6) months.

(ii) For jacks sent out of shop for special work, when sent out and when returned.

(iii) For a jack subjected to abnormal load or shock, immediately before and immediately thereafter.

(5) Repair or replacement parts shall be examined for possible defects.

(6) Jacks which are out of order shall be tagged accord­ingly, and shall not be used until repairs are made.

W. Va. Code R. § 36-23-30