W. Va. Code R. § 36-23-35

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 36-23-35 - Motor Vehicles, Mechanized Equipment, and Marine Operations

35.1. Equipment.

(a) General requirements.

(1) All equipment left unattended at night, adjacent to a highway in normal use, or adjacent to construction areas where work is in progress, shall have appropriate lights or reflectors or barricades equipped with appro­priate light or reflectors, to identify the loca­tion of the equipment.

(2) A safety tire rack, cage, or equivalent protection shall be provided and used when inflating, mounting, or dismounting tires installed on split rims, or rims equipped with locking rings or similar devices.

(3)

(i) Heavy machinery, or parts thereof, which are suspended or held aloft by use of slings, hoists, or jacks shall be substantially blocked or cribbed to prevent falling or shifting before employees are per­mitted to work under or between them. Bull­dozer and scraper blades, end-loader buckets, dump bodies, and similar equipment, shall be either fully lowered or blocked when being repaired or when not in use. All controls shall be in a neutral position, with the motors stopped and brakes set, unless work being performed requires otherwise.

(ii) Whenever the equipment is parked, the parking brake shall be set. Equipment parked on the line shall have the wheels chocked and the parking brake set.

(4) The use, care and charging of all batteries shall conform to the requirements of this section.

(5) All cab glass shall be safety glass, or equivalent, that introduces no visible distortion affecting the safe operation of any machine.

(6) All equipment covered by this subpart shall comply with the requirements of these regulations when working or being moved in the vicinity of power lines or ener­gized transmitters.

35.2. Handling materials -- general. -- Rolling railroad cars. Derail and/or bumper blocks shall be provided on spur railroad tracks where a rolling car could contact other cars being worked, enter a building, work or traffic area.

35.3. Air receivers.

(a) General requirements.

(1) Application. This section applies to compressed air receivers, and other equipment used in providing and utilizing compressed air for performing operation such as cleaning, drilling, hoisting and chipping. On the other hand, however, this section does not deal with the special problems created when men work in compressed air as in tunnels and caissons. This section is not intended to apply to compressed air machinery and equip­ment used on transportation vehicles such as steam railroad cars, electric railway cars, and automotive equipment.

(2) New and existing equipment.

(i) All new air receivers installed after the effective date of these regulations shall be constructed in accordance with the 1968 edition of the A.S.M.E. Boiler and Pressure Vessel Code, Section VIII.

(ii) All safety valves used shall be constructed, installed and maintained in accordance with the A.S.M.E. Boiler and Pressure Vessel Code, Section VIII, 1968 Edition.

(b) Installation and equipment re­quirements.

(1) Installation. Air receivers shall be so installed that all drains, hand­holes, and manholes therein are easily accessible. Air receivers should be supported with sufficient clearance to permit a complete external inspec­tion and to avoid corrosion of external surfac­es. Under no circumstances shall an air receiver be buried underground or located in an inaccessible place. The receiver should be located as close to the compressor or aftercooler as is possible in order to keep the discharge pipe short.

(2) Drains and traps. A drain pipe and valve shall be installed at the lowest point of every air receiver to provide for the removal of accumulated oil and water. The drain valve on the air receiver shall be opened and the receiver completely drained frequently and at such intervals as to prevent the accumu­lation of excessive amounts of liquid in the receiver.

(3) Gauges and valves.

(i) Every air receiver shall be equipped with an indicating pressure gauge (so located as to be readily visible) and one (1) or more spring-loaded safety valves. The total relieving capacity of such safety valves shall be such as to prevent pressure in the receiver from exceeding the maximum allowable work­ing pressure of the receiver by more than ten (10) percent.

(ii) No valve of any type shall be placed between the air receiver and its safety valve or valves.

(iii) Safety appliances, such as safety valves, indicating devices and con­trolling devices, shall be constructed, located and installed so that they cannot be readily rendered inoperative by any means, including the elements.

(iv) All safety valves shall be tested frequently and at regular intervals to determine whether they are in good operating condition.

35.4. Motor vehicles.

(a) Coverage. Motor vehicles as covered by this part are those vehicles that operate within an off-highway jobsite, not open to public traffic. The requirements of this subsection do not apply to equipment for which rules are prescribed in these rules and regulations.

(b) General requirements.

(1) 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.

(2)

(i) Whenever visibility conditions warrant additional light, all vehi­cles, or combinations of vehicles, in use shall be equipped with at least two (2) headlights and two (2) taillights in operable condition.

(ii) All vehicles, or combi­nation of vehicles, shall have brake lights in operable condition regardless of light condi­tions.

(3) All vehicles shall be equipped with an adequate audible warning device at the operator's station and in an operable condition.

(4) No employer shall use any motor vehicle equipment having an obstructed view to the real unless:

(i) The vehicle has a reverse signal alarm audible above the surrounding noise level; or

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

(5) All vehicles with cabs shall be equipped with windshields and powered wip­ers. 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.

(6) All haulage vehicles, whose pay load is loaded by means of cranes, power shovels, loaders, or similar equipment, shall have a cob shield and/or canopy adequate to protect the operator from shifting or falling materials.

(7) Tools and material shall be secured to prevent movement when transport­ed in the same compartment with employees.

(8) Vehicles used to transport employees shall have seats firmly secured and adequate for the number of employees to be carried.

(9) 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.

(10) Trucks with dump bodies 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.

(11) 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 the mechanism.

(12) Trip handles for tailgates of dump trucks shall be so arranged that, in dumping, the operator will be in the clear.

(13)

(i) All rubber-tired motor vehicles shall be equipped with fenders.

(ii) Mud flaps may be used in lieu of fenders whenever motor vehicle equipment is not designed for fenders.

(14) 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, etc., where such equipment is necessary.

35.5. Material handling equipment.

(a) Earthmoving equipment; general.

(1) These rules apply to the following types of earthmov­ing equipment; scrapers, loaders, crawler or wheel tractors, bulldozers, off-highway trucks, graders, agri­cultural and industri­al tractors, and similar equipment. The promulgation of specific rules for compactors and rubber-­tired"Skid-Steer" equipment is reserved pending consideration of standards currently being developed.

(2) Seat belts.

(i) Seat belts shall be provid­ed on all equipment covered by this section, and shall meet the requirements of the Society of Automotive Engineers J386-1969. Seat belts for Agricultural and Light Industrial Tractors shall meet the seat belt requirements of Society of Automotive Engineers J333A-1970: Operator protection for agricul­tural and light industrial tractors.

(ii) Seat belts need not be provided for equipment which is designed only for stand up operation.

(3) Access roadways and grades.

(i) No employer shall move or cause to be moved construction equipment or vehicles upon any access roadway or grade unless the access roadway or grade is con­structed and maintained to accommodate safely the movement of the equipment and vehicles involved.

(ii) Every emergency access ramp and berm used by an employer shall be constructed to restrain and control runaway vehicles.

(iii) Seat belts need not be provided for equipment which does not have roll-over protective structure (ROPS) or ade­quate canopy protection.

(4) Brakes. All earthmoving equipment mentioned in 35.5.(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-1971, J236, Graders-1971, and J319b, Scrapers-1971. Brake systems for self-propelled rubber­tiredoff-highway equipment manufactured after January 1, 1972 shall meet the applicable minimum performance criterial set forth in the following Society of Automotive Engineers Recommended Practices:

Self-propelled scrapers ........ SAE

J319b-1971

Self-propelled graders ......... SAE

J236-1971

Trucks and wagons .............. SAE

J166-1971

Front end loaders and dozers ....SAE

J237-1971

(5) Fenders. Pneumatic-tired earthmoving haulage equipment (trucks, scrap­ers, tractors and trailing units) whose maxi­mum speed exceeds fifteen (15) miles per hour, shall be equipped with fenders on all wheels to meet the requirements of Society of Automotive Engineers SAE J321-A-1970, fenders for pneumatic-tired earthmoving haulage equipment.

(6) Rollover protective structures (ROPS). See subpart W of this part for re­quirements for rollover protective structures and overhead protection.

(7) Specific effective dates -- brakes and fenders.

(i) Equipment mentioned in subparagraphs (4) and (5) of the paragraph, and manufactured after January 1, 1972, which is used by an employer after that date, shall comply with the applicable rules pre­scribed therein concerning brakes and fenders. Employers may request variations from the applicable brakes and fender standards re­quired by this subpart. Employers wishing to seek variations from the applicable brakes and fenders rules may submit any requests for variations after the publication of this docu­ment. Any statements intending to meet the requirements should specify how the variation would protect the safety of the employees by providing for any compensating restrictions on the operations of equipment.

(8) Audible alarms.

(i) All bi-directional 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. Where equipment is operated in close proximity to employees, a signal man shall be designated to direct the operation of the equipment.

(9) Scissor points. Scissor points on all front-end loaders, which constitute a hazard to the operator during normal opera­tion, shall be guarded.

(b) Excavating and other equipment.

(1) Tractors covered in paragraph (a) of this section shall have seat belts as re­quired for the operators when seated in the normal seating arrangement for tractor opera­tion, even though back-hoes, breakers, or other similar attachments are used on these machines for excavating or other work.

(2) For the purposes of this subpart, the nomenclatures and descriptions for measurement of dimensions of machinery and attachments shall be as described in the Society of Automotive Engineers 1970 hand­book, pages one thousand eighty-eight (1088) through one thousand one hundred three (1103).

(3) The safety requirements, ratios, or limitations applicable to machines or attachment usage covered in power crane and shovel associations 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 section.

(c) Lifting and hauling equipment (other than equipment covered under this part).

(1) Industrial trucks shall meet the following require­ments:

(i) Lift trucks, stakers, etc., shall have the rated capacity clearly posted on the vehicle so as to be clearly visible to the operator. When auxiliary removable counter­weights are provided by the manufacturer, corresponding alternate rated capacities also shall be clearly shown on the vehicle. These ratings shall not be exceeded.

(ii) No modifications or additions which affect the capacity or safe operation of the equipment shall be made without the manufacturer's written approval. If such notifications 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.

(iii) If a load is lifted by two (2) or more trucks working in unison, the proportion of the total load carried by any one (1) truck shall not exceed its capacity.

(iv) 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.

(v) All high lift rider indus­trial trucks shall be equipped with overhead guards which meet the configuration and structural requirements as defined in para­graph 421 of American National Standards Institute B56.1-1969, safety standards for powered industrial trucks.

(vi) 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 B56.1-1969, safety standards for powered industrial trucks.

35.6. Pile driving equipment.

(a) General requirements.

(1) Boilers and piping systems which are a part of, or used with, pile driving equipment shall meet the applicable require­ments of the American Society of Mechanical Engineers, Power boilers (Section 1).

(2) All pressure vessels which are a part of, or used with, pile driving equipment shall meet the applicable requirements of the American Society of Mechanical Engineers, Pressure Vessels (Section 8).

(3) Overhead protection, which will not obscure the vision of the operator and which meets the requirements of these regula­tions, shall be provided. Protection shall be the equivalent of two (2) inch planking or other solid material of equivalent strength.

(4) Stop blocks shall be provided for the leads to prevent the hammer from being raised against the head block.

(5) A blocking device, capable of safely supporting the weight of the hammer, shall be provided for placement in the leads under the hammer at all times while employees are working under the hammer.

(6) Guards shall be provided across the top of the head block to prevent the cable from jumping out of the sheaves.

(7) When the leads must be inclined in the driving of batter piles, provi­sions shall be made to stabilize the leads.

(8) Fixed leads shall be provided with ladder, and adequate rings, or similar attachment points, so that the loft worker may engage his safety belt lanyard to the leads. If the leads are provided with loft platform(s), such platform(s) shall be protected by standard guardrails.

(9) Steam hose leading to a steam hammer or jet pipe shall be securely attached to the hammer with an adequate length of at least one-quarter (1/4) inch diameter chain or cable to prevent whipping in the event the hoist at the hammer is broken. Air hammer hoses shall be provided with the same protec­tion as required for steam lines.

(10) Safety chains, or equivalent means, shall be provided for each hose con­nection to prevent the line from thrashing around in case the coupling becomes discon­nected.

(11) Steam line controls shall consist of two (2) shutoff valves, one (1) of which shall be a quick-acting lever type within easy reach of the hammer operator.

(12) Guys, outriggers, thrustouts, or counter-balances shall be provided as nec­essary to maintain stability of pile driver rigs.

(b) Pile driving from barges and floats. Barges or floats supporting pile driving operations shall meet the applicable require­ments of these regulations.

(c) Pile driving equipment.

(1) Engineers and winchmen shall accept signals only from the designated signalmen.

(2) All employees shall be kept clear when piling is being hoisted into the leads.

(3) When piles are being driven in an excavated pit, the walls of the pit shall be sloped to the angle of repose or sheet-piled and braced.

(4) When steel tube piles are being "Blown Out", employees shall be kept well beyond the range of falling materials.

(5) When it is necessary to cut off the tops of driven piles, pile driving opera­tions shall be suspended except where the cutting operations are located at least twice the length of the longest pile from the driver.

(6) When driving jacked piles, all access pits shall be provided with ladders and bulkheaded curbs to prevent material from falling into the pit.

W. Va. Code R. § 36-23-35