W. Va. Code R. § 56-20-15

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

Section 56-20-15 - Equipment

15.1. Mobile equipment.

15.1.a. Immediately prior to the beginning of each working shift, all equipment except licensed vehicles subject to state highway inspection requirements shall be examined by the equipment operator or a mechanic if designated by the foreperson in charge of the operation daily for safety defects. The person performing such examination shall record his/her findings in ink or indelible pencil on a form approved by the Director; such form shall be given to the foreperson or his/her assistant within four (4) hours after the beginning of the start of the working shift. The person performing the above examination shall sign the report form and the foreperson receiving such form shall initial upon receipt. A record of all above such examinations shall be maintained for thirty (30) days and made available to an authorized representative of the Director and to the miners at the quarry.

15.1.b. Immediately prior to the beginning of each working shift, equipment operated by independent contractors in a quarry shall be examined by the equipment operator for safety defects, other than light duty vehicles subject to state inspection. The person performing such examination shall record his/her findings in ink or indelible pencil on a form approved by the Director; such form shall be signed by the person performing the examination and such form shall remain with the vehicle for thirty (30) days and upon request be made available to an authorized representative of the Director.

15.1.c. Imminent danger equipment defects shall be reported immediately to the foreperson and tagged out and corrected before the equipment is put into operation. The foreperson shall record the defect in the pre-shift book.

15.1.d. All mobile equipment shall be operated and maintained according to the manufacturer's instructions.

15.2. Operation of shovel, draglines, tractors, backhoes, loaders, etc.

15.2.a. No person(s) shall enter the work area of any mobile equipment until first making positive contact either audible or visual with the equipment operator(s). Equipment operators shall cease operating their equipment when any person is within such proximity as to be endangered.

15.2.b. At startup or anytime mobile equipment is stopped, other than during the normal work cycle, operators shall sound a signal distinguishable from the surrounding noise level such as a whistle, bell, horn or other approved device, before moving forward or backward, and all persons not in the clear shall respond immediately.

15.2.c. Equipment operators shall not leave their cabs without lowering all raised equipment to the ground.

15.2.d. When the equipment operator is present, he/she shall be notified before anyone else attempts to mount or dismount the equipment.

15.2.e. Persons shall not be permitted in the immediate vicinity of shovels, draglines, and backhoes unless in the line of duty.

15.2.f. Walkways and platforms on equipment shall be maintained in a safe condition and shall be equipped with safe handrails.

15.2.g. Equipment that revolves in a horizontal arc on a turntable shall have a minimum clearance of four (4) feet from the highwall or other obstructions.

15.2.h. Operators of shovels and draglines shall not leave their cabs to wet the digging brake or dog unless the master clutch is in the "Off' position. Operators of shovels and draglines shall have visual contact, when possible, with the person assigned to setting the digging brake or dog.

15.2.i. Operators shall not leave the cab of the shovel, dragline or crane without placing the controls into the "Off' position. If the power should fail, the controls shall be placed in the "Off' position.

15.2.j. All ropes shall be securely attached to the drum and the dipper by at least four (4) suitable wire rope clips or properly wedged. Drums shall have at least three (3) wraps of cable on at all times.

15.2.k. Riding a dipper or bucket shall be prohibited.

15.3. Maintenance and repairs.

15.3.a. All safety equipment on all machinery shall be maintained in a safe working condition.

15.3.b. Mobile and stationary equipment shall be maintained in a safe operating condition. Equipment in unsafe condition shall be removed from service immediately. Mine operators shall maintain equipment in a safe operating condition. Equipment operators shall exercise reasonable care in the operation of the equipment entrusted to them and shall promptly report defects known to them: Provided, if equipment has been taken out of service by being properly tagged out, the operator shall not be issued a violation under the provision of this section: Provided, however, such tag placed on such equipment shall indicate the date and time such equipment was removed from service. The person removing the equipment from service and tagging such equipment shall place his/her signature upon the tag.

15.3.c. Good housekeeping shall be practiced on all equipment. All equipment shall be cleaned as necessary to maintain the equipment reasonably free of combustible substances.

15.3.d. No persons shall work on a piece of mobile equipment in a raised position until it has been securely blocked in place.

15.3.e. No work shall be performed under machinery or equipment that has been raised until such machinery or equipment has been securely blocked in place.

15.3.f. While greasing or doing repair work on a boom of a shovel, dragline, or backhoe, the boom shall be lowered to a position whereby the work can be done from the ground or the workers shall use personal fall protection equipment. This does not apply on shovels, draglines, or backhoes that are equipped with safe handrails or ladders.

15.3.g. Dippers of buckets or shovels, draglines and backhoes shall be lowered for repairs.

15.3.h. Repairs or maintenance shall not be performed on equipment until the power is off and the equipment is blocked against motion, except where the movement of the machine or parts is necessary to make adjustment.

15.4. Warning devices, lights, brakes.

15.4.a. All mobile equipment shall be equipped with an approved automatic warning device which shall give a clearly distinguishable alarm when such equipment is in reverse. Any motor vehicle having an obstructed rear view shall have a reverse signal alarm audible above the surrounding noise level or the vehicle is backed up only when an observer signals that it is safe to do so.

15.4.b. Equipment such as forklifts, front-end loaders, tractors, dozers, and graders shall be provided with an approved audible warning device that can be controlled manually by the operator.

15.4.c. Lights shall be provided on both ends of equipment when equipment is being worked other than during daylight hours. Lights provided on equipment by manufacturers of said equipment shall be deemed adequate and in compliance with the rules. Also, lights shall be provided under other conditions such as fog, etc.

15.4.d. All braking systems installed on the equipment shall be maintained in functional condition. Service brakes shall be able to stop the equipment on the maximum grade the equipment travels. Parking brakes shall be able to hold the equipment stationary on the maximum grade the equipment travels. The service braking system using stored energy shall be equipped with a warning device that activates when the system energy drops below the manufacturer's specified minimum operating energy level.

15.5. Dump trucks and dumping.

15.5.a. Dump bodies of trucks shall be properly blocked when raised for any purpose except dumping of a load.

15.5.b. No person shall be permitted in or on the cargo space of dump trucks while being loaded.

15.5.c. No person shall be allowed in the cab of an off-road dump truck while the truck is being loaded with a power shovel, front-end loader, or backhoe unless the cab is shielded.

15.5.d. Truck cabs where rear vision is impaired shall be equipped with adequate rearview mirrors on both sides.

15.5.e. The bucket of an excavator, loader or shovel shall not be swung over the cab of a truck.

15.6. Equipment generally.

15.6.a. No equipment or machinery shall be altered or modified in a manner that reduces the level of safety.

15.6.b. Road maintenance equipment such as graders or other equipment normally used shall be equipped with readily visible flashing light(s).

15.6.c. All equipment, when equipped with a safety bar for automatic transmission, shall be set in locked position before the operator leaves the cab. Operators of dozers that are equipped with standard transmission shall lock the park brake, place the transmission in a neutral position, and lock the clutch in before leaving the cab. Safety bar levers for automatic transmissions shall be in working condition.

15.6.d All steps, handrails, walkways and platforms on mining equipment shall be maintained in a safe condition.

15.6.e. Electrically powered mobile equipment shall not be left unattended unless the master switch is in the "Off' position. All operating controls shall be placed in neutral position and the brakes set or other equivalent precautions taken against rolling.

15.6.f. A tow bar or other approved device shall be used for towing equipment. A safety chain shall be used in conjunction with a tow bar.

15.6.g. All exhaust tail pieces shall be positioned and properly maintained to prevent carbon monoxide and other toxic fumes from entering an operator's compartment.

15.6.h. The grader shall travel in the direction of normal traffic except during grading operations in a local area.

15.6.i.L Emergency stop switches shall be provided and maintained to quickly de-energize electrically powered mobile equipment engines in the event of an emergency. The switches shall be located in the operator's cab and also at a location accessible from ground level.

15.6.j. Electrical compartments in use on electrically powered mobile equipment shall be maintained free of dust, water, and oil accumulations. Electrical compartment panel doors shall be secured in a manner to prohibit unauthorized access.

15.6.k. Wheel covers (hubcaps) shall be provided for electric wheel motors, shall be maintained in good condition, and shall be adequately secured.

15.6.l. Steering apparatuses of all mobile equipment shall be maintained in a safe operating condition according to manufacturers' specification.

15.6.m. Each employee working in a quarry shall be required to wear seat belts in a vehicle where there is a danger of overturning and where roll protection is provided. Seat belts shall be worn by all drivers of trucks, 5-ton or greater, while operating their trucks at a quarry.

15.6.n. Machines with movable parts used at quarries which are capable of coming into contact with its operating controls or are capable of pinning the operator between the movable part and its controls shall be equipped with a panic bar or suitable mechanical means to prevent such contact or pinning of the operator.

15.7. Glass, doors and mirrors.

15.7.a. Cab windows of glass on equipment shall be safely glass or equivalent material with good visibility, in good condition, not broken or cracked to such extent that it can be felt, and kept clean.

15.7.b. All mobile equipment provided with a windshield shall be provided with windshield wipers, and such wipers shall be maintained in good operating condition.

15.7.c. All doors on mobile equipment shall be maintained in good operating condition.

15.7.d. Adequate mirrors shall be maintained on all mobile equipment. Mirror(s) provided on equipment by manufacturers of said equipment shall be deemed adequate and in compliance with the rules.

15.8. Guards.

15.8.a. Fan blades, shafts, gears, flywheels, coupling, and similarly exposed moving machine parts which may be contacted by persons shall be adequately guarded.

15.8.b. Guards installed on equipment to prevent accidental contact with moving parts shall:

15.8.b.1. Be of substantial construction;

15.8.b.2. Not have openings large enough to admit a person's hand;

15.8.b.3. Be firmly bolted or otherwise installed in a stationary position; and

15.8.b.4. Be of sufficient dimensions to exclude the possibility of bodily contact while in motion.

15.8.C All floor boards shall be kept secured in place.

15.9. Operation of mobile equipment.

15.9.a. Mobile equipment operators shall have full control of the equipment while in motion and shall operate such mobile equipment safely.

15.9.b. The type of equipment and posted operating speeds shall be prudent and consistent with conditions of roadways, grades, clearance, visibility and traffic.

15.9.c. All mobile equipment shall be completely stopped before a person gets on or off.

15.9.d. No person other than the operator shall be permitted to ride in or on equipment unless in the line of duty, and only then when adequate safe seating facilities are provided.

15.9.e. Cabs of mobile equipment shall be kept free of extraneous materials and adequately ventilated by mechanical means.

15.9.f. When necessary to protect the operator of the equipment, all rubber tired or crawler mounted self-propelled scrapers, front-end loaders, dozers, graders, and tractors that are used on quarries shall be provided with substantial falling object protective structures.

15.9.g. All rubber tired or crawler mounted self-propelled scrapers, front-end loaders, dozers, graders, and tractors, manufactured after January 1,1969, shall be provided with roll over protective structures.

15.9.h. Equipment shall be operated only by persons trained in the use of and authorized to operate such equipment.

15.9.i. Operators of all equipment shall keep a reasonable safe distance from the edge of all vertical or abrupt excavations or fills.

15.10. Loads.

15.10.a. Equipment which is to be hauled shall be secured.

15.10.b. Any load extending more than four (4) feet beyond the rear of the vehicle body shall be marked clearly with a red flag.

15.10.c. Dump trucks shall be trimmed properly when they have been loaded higher than the confines of their cargo space.

15.10.d. No one shall be permitted to ride in or on equipment while it is being hauled.

15.11. Machinery.

15.11.a. All drive belts shall be adequately guarded if the whipping action from a broken belt could come into contact with a person.

15.11.b. Belt conveyors in locations where fire would create a hazard to personnel shall be provided with switches to stop the drive pulley automatically in the event of excessive slippage.

15.11.c. Walkways adjacent to conveyor belts not covered or equipped with protective railing shall be equipped with emergency stop switches or pull cords along the affected area.

15.12. Hand-held tools, power tools and safety devices.

15.12.a. Condition of tools. All tools, power tools and similar equipment shall be maintained in a safe condition.

15.12.b. Hand-held power tools shall be equipped with controls requiring constant hand or finger pressure to operate the tools or shall be equipped with a friction clutch or other equivalent safety device.

15.12.c. Adjustable, pipe, end and socket wrenches shall not be used when jaws are sprung to the point that slippage occurs.

15.12.d. Impact tools such as drift pins, wedges, and chisels shall be kept free of mushroomed heads.

15.12.e. The wooden handles of tools shall be kept tight and free of splinters or cracks and shall be kept tight in the tool.

15.12.f. Electric power operated tools shall be approved double-insulated or grounded type.

15.12.g. Only proper hoisting equipment shall be used for hoisting or lowering tools. The use of hoses or electric cords for such purpose is prohibited.

15.12.h. Pneumatic power tools shall be secured to the hose by some positive means to prevent the tools from becoming accidentally disconnected.

15.12.i. Safety clips or retainers shall be securely installed and maintained on pneumatic impact (percussion) tools.

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

15.12.k. All fuel powered tool engines shall cease operations while being refueled, serviced, or maintained.

15.12.l. 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.

15.12.m. Only approved fuel containers shall be used, and such containers shall be safely stored.

15.12.n. All hand-held tools, power tools and safety devices shall be used in accordance with manufacturers' specifications.

15.13. Jacks.

15.13.a. The manufacturer's rated capacity shall be legibly marked on all lifting jacks and shall not be exceeded. All jacks shall be maintained and used in accordance with the manufacturers' specifications.

15.13.b. All lifting jacks shall have a positive stop to prevent over-travel.

15.13.c. Blocking. When it is necessary to provide a firm foundation, me base of me lifting jack shall be blocked or cribbed. Where there is a possibility of slippage of the metal cup or the jack, a wood block shall be placed between the cap and the load. Work shall not be performed under any machinery until the proper blocking is in place and, with the exception of a jack, tight.

15.14. Stationary grinding machines, protective devices.

15.14.a. Mechanically operated grinding wheels shall be equipped with safety washers, substantial retaining hoods or approved eye shields. Approved face shields shall be provided and located at the grinding location and shall be worn by persons when using the machine. Safety hoods (guards or flanges) shall be mounted so as to maintain proper alignment with the wheel, and shall be of sufficient strength to retain fragments of the wheel in the case of accidental breakage. All abrasive wheels shall be ring-tested before mounting to insure they are free from cracks or defects, and shall fit freely on the spindle and not be forced on.

15.14.b. Adjustable tool rests shall be set as close as required to manufacturers' specifications.

15.14.c. Grinding wheels shall be operated according to the specification of the manufacturer.

15.15. Tires and repairs.

15.15.a. A safety tire rack, cage, or equivalent protection shall be provided when inflating tires installed on split or rims equipped with locking rings or similar devices. Tires shall be deflated before repairs on them are started and means shall be provided to prevent wheel locking rims from creating a hazard during tire inflation. Different types and sizes of wheel rims in the same location shall be stored separately from each other.

15.15.b. Heat shall not be applied to lug bolts, rims or wheels while tires are inflated.

15.15.c. When work is being performed on models that are equipped with dual wheels, both tires must be deflated for heating lugs before repair work begins. Safe means shall be provided for removing rocks or other hazardous material caught between the dual tires.

15.15.d. No person shall be permitted in front of a tire being inflated either on or off equipment and persons engaged in inflating or deflating tires shall perform such work in an area isolated from other persons.

15.15.e. When fork lift trucks are used in mounting or transporting of tires, adequate means shall be taken to assure that tires are secured properly. No person shall be permitted to stand between the hub of a vehicle and fork lift truck when used to change a tire.

15.15.f. A clip-on-air chuck shall be provided at all tire airing stations. At least six (6) feet of air hose shall be provided between the valve stem and the inflation gauge.

15.15.g. All tires shall be maintained in a safe condition according to manufacturers' specifications. Any tire with a defect which could be a hazard to the safe operation of a vehicle or to other persons shall be replaced immediately.

15.16. Operating equipment on extreme slopes.

15.16.a. Prior to any equipment operating on an extreme slope, a meeting shall be conducted with the quarry operator, all persons involved in working on the extreme slope and a representative of the Director to develop a plan as to how the equipment operators shall work on the extreme slope safely.

15.16.b. When cable winching is utilized as the safeguard for operating equipment on extreme slopes, the operator shall follow the manufacturer's specifications and limitations of the mobile equipment, wire ropes, and all attachments.

15.16.c. When cable winching, the following requirements must be met:

15.16.c.1. The equipment being used to assist a dozer, or other equipment working on slopes, shall be of proper size and strength to provide adequate anchorage. The equipment providing anchorage shall be positioned to provide maximum stability.

15.16.c.2. The winch line assembly shall be of proper size and strength and properly maintained to provide safety for all equipment.

15.16.c.3. Winch cables used by equipment working on slopes shall be of proper size according to manufacturers' specifications.

15.16.c.4. Winch cables shall be secured to the winch assembly drum according to the manufacturers' specifications.

15.16.c.5. A minimum of three (3) wraps of winch cable shall remain on the drum at all times.

15.16.c.6. The live-end connection device used to secure the two (2) pieces of equipment 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.

15.16.c.7. 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.

15.16.c.8. All components of the winch line assembly shall be inspected by the equipment operator periodically during daily operations.

15.16.d. Constant communications either audible or visual shall be maintained between equipment operators while working on extreme slopes. No one shall work on an extreme slope alone.

W. Va. Code R. § 56-20-15