W. Va. Code R. § 56-2-14

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

Section 56-2-14 - Machines, Vehicles, and Mobile Equipment

14.1. General Requirements.

14.1.1. The employer shall assure that each machine including any machine provided by an employee is maintained in serviceable condition.

14.1.2. The employer shall assure that each machine including any machine provided by an employee is inspected before initial use during each work shift. Defects or damage shall be repaired on the unserviceable machine or shall be replaced before work is commenced.

14.1.3. The employer shall assure that operating and maintenance instructions are available for each machine in the area where the equipment is being operated. Each machine operator and maintenance employee shall comply with the operating and maintenance instructions.

14.2. Machine Operation.

14.2.1. The machine shall be started and operated only by a designated person.

14.2.2. The rated capacity of any machine shall not be exceeded.

14.2.3. To maintain stability, the machine must be operated within the limitations imposed by the manufacturer as described in the operating and maintenance instructions for that machine on any slope which is greater than the maximum slope recommended by the manufacturer.

14.2.4. Before starting or moving any machine, the operator shall determine that no employee is in the path of the machine.

14.2.5. The machine shall be operated only from the operator's station or as otherwise recommended by the manufacturer.

14.2.6. The machine shall be operated at such a distance from employees and other machines such that operation will not create a hazard for an employee.

14.2.7. No employee other than the operator shall ride on any mobile machine unless seating, seat belts and other protection equivalent to that provided for the operator are provided.

14.2.8. No employee shall ride on any load.

14.2.9. Before the operator leaves the operator's station of a machine, it shall be secured as follows:

14.2.9.a. The parking brake or brake locks shall be applied.

14.2.9.b. The transmission shall be placed in the manufacturer's specified park position; and

14.2.9.c. Each moving element such as, but not limited to blades, buckets, saws, and shears shall be lowered to the ground or otherwise secured.

14.2.10. If a hydraulic or pneumatic storage device can move the moving elements such as, but not limited to, blades, buckets, saws and shears, after the machine is shut down, the pressure or stored energy from the element shall be discharged as specified by the manufacturer.

14.2.11. The rated capacity of any vehicle transporting a machine shall not be exceeded.

14.2.12. The machine shall be loaded, secured, and unloaded so that it will not create a hazard for any employee.

14.2.13. For safe operation of equipment on slopes the operator shall follow the manufacturer's specifications and limitations of the mobile equipment, wire ropes, and all attachments.

14.2.13.a. The machine being used to assist a dozer, or other machines working on slopes shall be of proper size and strength to provide adequate anchorage. The machine providing anchorage shall be positioned to provide maximum stability.

14.2.13.b. The winch line assembly shall be of proper size and strength, and properly maintained to provide safety for all machines.

14.2.13.b.1. Winch cables used by machines working on slopes shall be of proper size according to manufacturer's specifications.

14.2.13.b.2. Winch cables shall be secured to the winch assembly drum according to the manufacturer's specifications.

14.2.13.b.3. A minimum of 3 wraps of winch cable shall remain on the drum at all times.

14.2.13.b.4. The live-end connection device used to secure the two machines together shall be of a design that minimizes the possibility of accidental disconnection. The connection device shall be of the proper strength for the duties performed and maintained in safe condition according to manufacturer's specifications.

14.2.13.b.5. All winch cables shall be securely fastened to the live-end connection device by the proper number of wire-rope clamps, or properly wedged according to the manufacturer's specifications.

14.2.13.b.6. All components of the winch line assembly shall be inspected by the machine operator periodically during daily operations.

14.2.13.c. Constant communications either audible or visual shall be maintained between machine operators while working on slopes.

14.3. Protective Structures.

14.3.1. Each tractor, skidder and mechanical felling device, such as tree shears or feller-buncher, placed into initial service after February 9, 1995, shall be equipped with falling object protective structure or rollover protective structure. The employer shall replace falling object protective structure or rollover protective structure which have been removed from any machine. Exception: This requirement does not apply to machines, which are capable of 360-degree rotation. Rollover protective structure shall be tested, installed, and maintained in serviceable condition.

14.3.2. Each machine shall have rollover protective structure or falling object protective structure tested, installed, and maintained in accordance with manufacturer's specifications.

14.3.3. Each protective structure shall be of a size that does not impede the operator's normal movements.

14.3.4. The overhead covering of each cab shall be of solid material and shall extend over the entire canopy.

14.3.5. Each machine manufactured after August 1, 1996, shall have a cab that is fully enclosed with mesh material with openings no greater than 2 inches (5.08 cm) at its least dimension. The cab may be enclosed with other material(s) where the employer demonstrates to the Director such material(s) provides equivalent protection and visibility. Exception: Equivalent visibility is not required for the lower portion of the cab where there are control panels or similar obstructions in the cab, or where visibility is not necessary for safe operation of the machine.

14.3.6. Each machine manufactured on or before August 1, 1996, shall have a cab, which meets the requirements specified in the above paragraph or a protective canopy for the operator which meets the following requirements:

14.3.6.a. The protective canopy shall be constructed to protect the operator from injury due to falling trees, limbs, saplings or branches which might enter the compartment side areas and from snapping winch lines or other objects.

14.3.6.b. The lower portion of the cab shall be fully enclosed with solid material, except at entrances, to prevent the operator from being injured from obstacles entering the cab.

14.3.6.c. The upper rear portion of the cab shall be fully enclosed with open mesh material with openings of such size as to reject the entrance of an object larger than 2 inches in diameter. It shall provide maximum rearward visibility; and

14.3.6.d. Open mesh shall be extended forward as far as possible from the rear corners of the cab sides so as to give the maximum protection against obstacles, branches, etc., entering the cab area.

14.3.6.e. The enclosure of the upper portion of each cab shall allow maximum visibility.

14.3.6.f. When transparent material is used to enclose the upper portion of the cab, it shall be made of safety glass or other material that the employer demonstrates to the director provides equivalent protection and visibility.

14.3.6.g. Transparent material shall be kept clean to assure operator visibility.

14.3.6.h. Transparent material that may create a hazard for the operator, such as but not limited to, cracked, broken or scratched safety glass shall be replaced.

14.3.6.i. Deflectors shall be installed in front of each cab to deflect whipping saplings and branches. Deflectors shall be located so as not to impede visibility and access to the cab.

14.3.6.j. The height of each cab entrance shall be at least 52 inches (1.3 meters) from the floor of the cab.

14.3.7. Each forklift shall be equipped with an overhead guard and maintained in accordance with the manufacturer's specifications.

14.4. Machine Access.

14.4.1. Machine access systems shall be installed and maintained in accordance with the manufacturer's specifications. Access systems shall be provided for each machine where the operator or any other employee must climb onto the machine to enter the cab or to perform maintenance.

14.4.2. Each machine cab shall have a second means of egress. (This requirement does not pertain to skid steer loaders.)

14.4.3. Walking and working surfaces of each machine and machine workstation shall have a slip resistant surface to assure safe footing.

14.4.4. The walking and working surface of each machine shall be kept free of waste, debris and any other material, which might result in fire, slipping, or falling.

14.5. Exhaust Systems.

14.5.1. The exhaust pipes on each machine shall be located so exhaust gases are directed away from the operator. The exhaust pipes on each machine shall be mounted or guarded to protect each employee from accidental contact.

14.5.2. The exhaust pipes shall be equipped with spark arresters. (Engines equipped with turbochargers do not require spark arresters).

14.5.3. Each machine muffler provided by the manufacturer, or their equivalent, shall be in place at all times the machine is in operation.

14.6. Brakes.

4.6.1. Service brakes shall be sufficient to stop and hold each machine and its rated load capacity on the slopes over which it is being operated.

14.6.2. Each machine placed into initial service on or after September 8, 1995 shall also be equipped with: back-up or secondary brakes that are capable of stopping the machine regardless of the direction of travel or whether the engine is running; and parking brakes that are capable of continuously holding a stopped machine stationary.

14.7. Guarding.

14.7.1. Each machine shall be equipped with guarding to protect employees from exposed moving elements, such as but not limited to, shafts, pulleys, belts on conveyors, and gears.

14.7.2. Each machine used for limbing and chipping shall be equipped with guarding to protect employees from flying wood chunks, chips, bark, limbs and other material.

14.7.3. The guarding on each machine shall be in place at all times the machine is in operation.

14.8. Equipment.

14.8.1. The employer shall assure that each machine used to perform any clearing operation is maintained in safe condition.

14.8.2. The employer shall assure that each machine used to perform any clearing operation is inspected before initial use during each work shift. Defects shall be recorded on a form approved by the Director and shall be signed by the person performing the examination. Imminent danger equipment defects shall be corrected before the equipment is put into operation.

14.8.3. The employer shall assure that operating and maintenance instructions are available in each machine. Each machine operator and maintenance employee shall comply with the operating and maintenance instructions.

14.8.4. Mounting steps and handholds shall be provided for each machine wherever it is necessary to prevent an employee from being injured when entering or leaving the machine.

14.8.5. The seats of each machine shall be securely fastened.

W. Va. Code R. § 56-2-14