(1) Scope. This rule applies, without regard
to vehicle ownership when your employees drive or ride as part of their
employment.
NOTE: The Oregon Bureau of Labor and Industries (BOLI)
administers rules about using minors as drivers. Please contact the nearest
BOLI office for more information.
(2) Driver Qualifications. You must not allow
an employee to drive a vehicle on a public highway or road unless they have a
valid driver's license appropriate for that type vehicle.
(3) General Safety.
(a) Do not allow employees to drive or ride
in any vehicle known to be unsafe.
(b) Require employees to report any safety
problems effecting vehicles you own or provide.
(4) Rider Safety - General.
(a) Except as in (5), (6) and (7), do not
allow employees to occupy a vehicle in excess of its seating
capacity.
(b) Require employees to
comply with all applicable seatbelt and traffic safety laws.
(5) Rider Safety in the Bed of
Dump Trucks, Pickups and Similar Vehicles. Do not transport workers in the beds
of dump trucks, pickups or similar vehicles unless these conditions are met
when applicable:
(a) When seating is
available, it must be secure to the floor and passengers may not
stand.
(b) The bed is secure to the
frame. Beds that tilt or slide must be secure from movement.
(c) Dump beds must be secure or the
activating lever locked.
(d) The
total height of the sides of the transport area must be at least 42 inches. If
riders sit on the floor, the height must be at least 24 inches.
(e) There must be a tailgate the same height
as the sides or three evenly spaced chains, cables or ropes taut across the
back.
(f) Not more than 4 workers
may ride on a flatbed without sides or a tailgate and then only when the speed
will not be more than 30 mph. There must be two handholds for each
rider.
(g) Workers must not ride in
space with cargo unless it is secure from movement.
(6) Standing Rider Safety - Buses. Riders
must not sit on the floor while the vehicle is moving. Riders may stand if
these conditions are met:
(a) There must be an
aisle at least 12 inches wide leading to the emergency exit.
(b) There are no seats in or boards across
the aisle.
(c) There must be
handholds for standing riders.
(d)
Not more than one rider per row of seats may stand.
(e) Riders may not sit or stand near the
driver and not ahead of the forward-most row of seats.
(f) Workers in transit must not stand for
more than one hour or 45 miles, whichever is less. At the end of that period,
the standing workers must get a seat or the vehicle must stop for a 15-minute
rest allowing the workers to get out.
(7) Fueling.
(a) There must be no smoking or other source
of ignition within 25 feet of any refueling operation.
(b) Do not fill any container that is not
bonded or grounded while it is inside the vehicle, in the pickup bed or
anyplace other than on the ground.
(c) Stop the engine (except diesels) during
fueling.
(d) Refueling vehicles
with LPG must be outdoors.
(8) Hauling gasoline or flammable liquid.
(a) For buses, vehicles that carry 16 or
more, crew trucks, vans and passenger cars, use only DOT or UL approved
containers that hold 5 gallons or less and secure them in an area separate from
passengers.
(b) For pickups,
flatbeds and other vehicles not in (a), there is no container size limit as
long it is not in an enclosed passenger area.
(9) Hauling Explosives. When hauling
explosives, only the driver and one qualified person may be in the vehicle.
Comply with OAR
437-002-1910.109 and
437-002-0109.
(10) Loading or Unloading. When loading or
unloading vehicles in a manner that is likely to cause the vehicle to move, set
the brakes and chock the wheels.
(11) High Voltage Clearances. When operating
a vehicle near overhead lines carrying more than 600v, OAR
437-002-0047 applies for general
industry employers and OAR
437-003-0047 applies for
Construction employers.
(12)
Traffic Control. Adequate and appropriate traffic control devices must be used
when vehicles are parked on or adjacent to a highway, street, or road in a way
that creates a hazard and when traffic cannot adjust safely on its own. The
traffic control devices' design and use must conform to the Manual of Uniform
Traffic Control Devices for Streets and Highways, 2009 Edition, December 2009
(Including Revision 1 dated May 2012 and Revision 2 dated May 2012) (MUTCD),
incorporated by reference in 1926.6.
NOTE: The MUTCD is available electronically at
mutcd.fhwa.dot.gov, or printed copies are available to purchase from The
American Traffic Safety Services Association, 1-800-231-3475,
www.atssa.com; the Institute of
Transportation Engineers, 202-785-0060, www.ite.org; or the American
Association of State Highway and Transportation Officials, 1-800-231-3475,
store.transportation.org.
NOTE: If the scope of the operation is three days or less, then
employers who follow the most current edition of the Oregon Department of
Transportation's Temporary Traffic Control Handbook are considered to be in
compliance with this requirement.
