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.

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(p) Mechanical equipment – (1) General requirements.

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(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.

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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.

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(b) General requirements.

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(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.

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16VAC25-175-1926.602. Material handling equipment.

(a) Earthmoving equipment; General.

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(9) Audible alarms.

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(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.

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16VAC25-175-1926.952. Mechanical equipment.

(a) General.

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(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.

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