TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Final Regulation
Titles of
Regulations: 16VAC25-90. Federal Identical General Industry
Standards (29 CFR Part 1910 (repealing 16VAC25-90-1910.269 (p)(1)(ii)).
16VAC25-97. Reverse Signal Operation Safety Requirements for
Motor Vehicles, Machinery and Equipment in General Industry and the
Construction Industry (adding 16VAC25-97-10 through 16VAC25-97-50).
16VAC25-175. Federal Identical Construction Industry
Standards (29 CFR Part 1926 (repealing 16VAC25-175-1926.601 (b)(4),
16VAC25-175-602 (a)(9)(ii), 16VAC25-175-1926.952 (a)(3).
Statutory Authority: § 40.1-22 of the Code
of Virginia.
Effective Date: September 18, 2009.
Agency Contact: John Crisanti, Planning and
Evaluation Manager, Department of Labor and Industry, Powers Taylor Building,
13 South 13th Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804)
786-8418, or email john.crisanti@doli.virginia.gov.
Summary:
This regulatory action
repeals the back-up alarm requirements in the current regulations at
1910.269(p)(1)(ii), 1926.601(b)(4), 1926.602(a)(9)(ii), and 1926.952(a)(3) and
establishes a new, comprehensive regulation, 16VAC25-97. 16VAC25-97 prohibits
construction and general industry vehicles, machinery, and equipment (hereafter
referred to as covered vehicles) from being operated in reverse unless the
vehicle has a reverse signal alarm audible above the surrounding noise level,
and either the vehicle is backed up only when a designated observer or ground
guide signals that it is safe to do so or, before operating the covered vehicle
in reverse, the driver visually determines that no employee is in the path of
the covered vehicle. Work procedures and training requirements are provided for
designated observers/ground guides and drivers/operators of covered equipment.
Summary of Public Comments
and Agency's Response: A summary of comments made by the public and the agency's response may
be obtained from the promulgating agency or viewed at the office of the
Registrar of Regulations.
16VAC25-90-1910.269.
Electric power generation, transmission, and distribution.
* * *
(p) Mechanical equipment
– (1) General requirements.
* * *
(ii) No
vehicular equipment having an obstructed view to the rear may be operated on
off-highway jobsites where any employee is exposed to the hazards created by
the moving vehicle, unless:
(A) The
vehicle has a reverse signal alarm audible above the surrounding noise level,
or
(B) The
vehicle is backed up only when a designated employee signals that it is safe to
do so.
* * *
CHAPTER 97
REVERSE SIGNAL OPERATION SAFETY REQUIREMENTS FOR MOTOR VEHICLES, MACHINERY AND
EQUIPMENT IN GENERAL INDUSTRY AND THE CONSTRUCTION INDUSTRY
16VAC25-97-10. Applicability.
This chapter
shall apply to all general industry and construction industry vehicles,
machinery or equipment capable of [ traveling operating ]
in reverse and with an obstructed view to the rear (hereafter referred to as
"covered vehicles"), whether intended for operation in off-road work
zones or over the road transportation or hauling.
16VAC25-97-20. Definitions.
The phrase
"obstructed view to the rear" means anything that interferes with the
overall view of the operator of the vehicle to the rear of the vehicle at
ground level, and includes, but is not limited to, such obstacles as any part
of the vehicle (e.g., structural members); its load (e.g., gravel, dirt,
machinery parts); its height relative to ground level viewing; damage to
windows or side mirrors, etc., used for rearview movement of the vehicle;
restricted visibility due to weather conditions (e.g., heavy fog, heavy snow);
or work being done after dark without proper lighting.
16VAC25-97-30. Covered vehicle requirements.
[ A. ]
No employer shall [ use operate ] any
covered vehicle [ in reverse ] unless:
1. The covered vehicle has a
reverse signal alarm audible above the surrounding noise level [ ,; ]
and
2. [ a. ] The
covered vehicle is [ backed up operated in reverse ]
only when a designated observer or ground guide signals that it is safe to
do so [ ; or
b. Before operating the
covered vehicle in reverse, the driver visually determines that no employee is
in the path of the covered vehicle.
B. Covered
vehicles that were not equipped with a reverse-signal alarm upon manufacture or
were not later retrofitted with an alarm are exempt from subdivision A 1 of
this section. If the manufacturer of the covered vehicle offered the employer a
reverse signal alarm retrofit package at a reasonable and economically feasible
cost, and the employer did not have the retrofit package installed, this
exemption does not apply.
C. Where immediate
correction is not feasible, covered vehicles equipped with a reverse signal
alarm that is not operational or is not functioning properly shall be either:
1. Operated in reverse only
when a designated observer or ground guide signals that it is safe to do so; or
2. Removed from service
until the reverse signal alarm is repaired.
D. Covered
vehicles with operable video or similar technological capability used by the
driver and capable of providing the driver with a full view behind the vehicle
are exempt from subdivision A 2 a of this section.
E. To the
extent that any federal Department of Transportation (DOT) regulation applies
to covered vehicles conflicts with this chapter, the DOT regulation shall take
precedence ].
16VAC25-97-40. Responsibilities while engaged in [ signaling
reverse signal operation ] activities.
A. While [ engaged in
signaling activities, an employee is functioning as ] the
designated observer/ground guide [ during reverse signaling
activities (e.g., collecting tickets from drivers, giving verbal instructions
to drivers, signaling to drivers once reverse operation of the covered vehicle
has begun), the designated observer/ground guide ] shall:
[ 1. Have no
other assigned duties;
2. 1. ] Not engage in any
[ other ] activities [ unrelated to
back-up operations ] other than those related to the covered
vehicle being signaled;
[ 3.
2. ] Not use personal cellular phones, personal head phones, or
similar items that could pose a distraction for the designated observer/ground
guide;
[ 4.
3. ] Be provided with and wear during daytime operations a safety
vest or jacket in orange, yellow, strong yellow green, or fluorescent versions
of these colors [ , reflective warning garments ];
[ and
5. 4. ] Be provided with
and wear during nighttime operations a safety vest or jacket with
retroreflective material in orange, yellow, white, silver, strong yellow green,
or a fluorescent version of these colors and shall be visible at a minimum
distance of 1,000 feet [ ;
5. Not cross behind in close
proximity to a covered vehicle while it is operating in reverse;
6. Always maintain visual
contact with the driver of the covered vehicle while it is operating in
reverse; and
7. Maintain a safe working
distance from the covered vehicle ].
B. [ No
When using a designated observer/ground guide, no ] driver of a
covered vehicle shall [ travel operate ] in
reverse unless they maintain constant visual contact with the designated
observer/ground guide. If visual contact is lost, the driver shall immediately stop
the vehicle until visual contact is regained and a positive indication is
received from the designated observer/ground guide to restart [ back-up
reverse ] operations.
[ C.
Except as provided for in subsections A and B of this section, employees shall
not enter or cross the path in close proximity to a covered vehicle while it is
operating in reverse. ]
16VAC25-97-50. Training.
A. Prior to
permitting an employee to engage in any covered activity under this chapter,
the employer shall ensure that each driver of a covered vehicle and each
designated observer/ground guide is trained in the requirements of this
chapter.
B. Refresher
training shall be provided by the employer for any driver of a covered vehicle
or any designated observer/ground guide when the driver or designated
observer/ground guide has:
1. Been observed to violate
the requirements of this chapter;
2. Been involved in an
accident or near miss accident; or
3. Received an evaluation
that reveals that the driver or designated [ signaler observer/ground
guide ] is not operating under this chapter in a safe manner.
[ 16VAC25-97-60.
Exemptions.
A. Covered
vehicles with video or similar technological capability to provide the driver with
a full view behind the vehicle are exempt from subdivision 2 of 16VAC25-97-30.
B. Covered
vehicles are exempt from subdivision 2 of 16VAC25-97-30 if the driver visually
determines from outside the vehicle that no employees are in the backing zone
and that it is reasonable to expect that no employees will enter the backing
zone during reverse operation of the vehicle.
C. Covered
vehicles that were not equipped with a reverse-signal alarm upon manufacture or
were not later retrofitted with an alarm are exempt from subdivision 1 of
16VAC25-97-30. ]
[ 16VAC25-97-70.
Applicability of federal regulations.
To the
extent that any federal Department of Transportation (DOT) regulation applies
to covered vehicles conflicts with this chapter, the DOT regulation shall take
precedence. ]
16VAC25-175-1926.601.
Motor vehicles.
* * *
(b) General
requirements.
* * *
(4) No
employer shall use any motor vehicle equipment having an obstructed view to the
rear 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.
* * *
16VAC25-175-1926.602.
Material handling equipment.
(a) Earthmoving
equipment; General.
* * *
(9) Audible
alarms.
* * *
(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.
* * *
16VAC25-175-1926.952.
Mechanical equipment.
(a) General.
* * *
(3) No
employer shall use any motor vehicle equipment having an obstructed view to the
rear 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.
* * *
VA.R. Doc. No. R06-314;
Filed July 29, 2009, 10:31 a.m.