A. General.
1. The purpose of this Safety Code is to
prescribe minimum standards for the safe transportation of employees to and
from their places of employment as set forth in Title 34, Chapter 36,
Transportation of Workers.
2. These
rules shall apply to every motor vehicle, including passenger automobiles and
station wagons, used to transport employees to and from their place of
employment whether or not used upon a public highway.
3. All specifications in this code are
minimum. At any particular operation these rules can be enhanced or made more
stringent if necessary to protect the life and safety of employees.
4. All owners of motor vehicles used to
transport workers, or their duly appointed agents, and drivers of such vehicles
shall abide by all safety orders issued by the Labor Commission, or by its duly
authorized representative.
5. The
right of inspection and examination at any reasonable time is reserved by the
Labor Commission or its duly designated agent.
6. These rules shall not apply to motor
carriers or to motor vehicles owned and operated by the government of the
United States.
7. These rules and
regulations do not apply to the transportation of agricultural
workers.
B. Drivers.
1. Only authorized, experienced, competent,
qualified and licensed drivers, not less than 18 years of age, shall be
permitted to operate vehicles used to transport workers. A chauffeur's license
is not required, except as may be required by law.
2. No employee shall be used to operate a
vehicle for the purpose of transporting workmen after such an employee has
completed twelve (12) aggregate hours of work in any period of twenty-four (24)
consecutive hours, excluding rest stops and a meal period of not exceeding one
hour. During period of regular shift change, this shall not preclude working
two (2) alternate eight-hour shifts with an eight-hour off period between the
two shifts.
NOTE: A rest stop is a period of time of not less than two
(2) hours and during which time the employee is released from all duty and
responsibility. Aggregate hours of work includes all types and classifications
of employment and shall not be construed to apply to only those hours driving a
vehicle.
3. In lieu of
responsible supervisory personnel the operator of a vehicle shall at all times
be in charge of workers and responsible for the observance of safety
rules.
4. There shall be some
signal system, or signalling device provided for the supervisor to communicate
with or signal the driver, where the supervisor is separated from the
driver.
5. Signals adopted shall be
simple and understood by both driver and supervisor. If a signalling device is
used, it shall be maintained in good working order.
C. Operation of vehicles.
1. No vehicle shall be loaded beyond its safe
carry capacity.
2. No motor vehicle
shall be driven if it is so loaded, or if the load thereon is so distributed or
so inadequately secured, as to prevent its safe operation.
3. No motor vehicle shall be driven when the
passengers or any object obscures the driver's view ahead or to either side, or
interferes with the free movement of his arms or legs, or prevents his free and
ready access to his controls and emergency equipment, or prevents the free and
ready exit of any persons from the vehicle.
4. All vehicles transporting workers shall
observe all motor vehicle laws of this state and the cities and counties in
which the vehicle is operated.
5.
The driver of any vehicle transporting workers, before crossing at grade any
tracks of a railroad, shall stop such vehicle not less than 10, not more than
50 feet from the nearest rail of such track, and while so stopped shall look
and listen in both directions along such tracks for approaching trains or cars.
a. This requirement shall not apply:
(1) To tracks where traffic control signals
are in operation and give indication to approaching vehicular traffic to
proceed.
(2) To industry track
crossing across which train operations are required by law to be conducted
under flat protection; or
(3) To
industry track crossing within which the indicated speed of vehicles is 20
miles per hour.
b.
Unless a train is approaching, motor vehicles carrying workers are not required
to stop at crossings where the Public Service Commission has determined and
plainly marked exempt.
6. Only persons authorized by management
shall be allowed to ride on vehicles.
7. Vehicles transporting workers shall be
driven completely off the highway or road to discharge or take on workers. When
the width of the highway or road does not allow the observance of this rule,
the vehicle shall draw to the extreme right of the usable portion of the road
before discharging or taking on workers, provided there is 16 feet of roadway
opposite such vehicle for free passage of other vehicles.
D. Securing of Tools, Equipment, etc.
1. Racks, boxes, holsters, or equivalent
means shall be provided and arranged so passengers will not be endangered by
tools or equipment being transported, loaded or removed, and tools and
equipment preferably placed or arranged so they are accessible from the outside
of the vehicle.
2. Tools and
materials shall be secured in the racks and boxes provided.
3. When materials of any type are transported
at the same time, workers shall be protected from the hazards of materials by
adequate partitions or proper securing of loads.
4. A motor vehicle used to haul or transport
workers must be equipped with sides at least 42" high and shall have adequate
seating facilities.
E.
Hauling of Explosives Prohibited.
No explosives, injurious chemicals of pesticides shall be
hauled on any vehicles while they are engaged in transporting workers. This
rule shall not prohibit the driver and the qualified powder crew from riding in
a vehicle in which explosives are being hauled.
F. Hauling of Gasoline, etc.
Gasoline and other low flash point liquids shall not be
hauled on vehicles transporting workers except in approved safety containers of
not more than five-gallon capacity, and provided such containers are carried in
a safe suitable location outside the passenger compartment. Such containers
shall be carried as far away from the passenger compartment as possible and
where they will not block exit from the vehicle and shall be firmly secured to
prevent shifting, or shall be placed in well ventilated compartments or
racks.
G. Refueling of
Vehicles.
1. Smoking in the vicinity of
vehicles being refueled is prohibited.
2. Refueling while motor is running or when
within close proximity to any open fires or flame is prohibited.
H. Workers' Duties.
1. Workers riding in motor vehicles shall not
stand while the vehicle is in motion. Passengers must wait for the vehicle to
come to a complete stop before boarding or leaving.
2. Workers shall be prohibited from riding on
running boards or fenders, hoods or cab tops, or with their arms or feet
hanging out of or over the rear or side of any vehicle, or on sides of pickups
or on tail gates.
3. When
dismounting from a vehicle on a highway or road, the workers shall wait until
the vehicle has proceeded before crossing the road unless the vehicle has
stopped at its destination.
4.
Workers wearing equipment which might injure a fellow worker (spurs, exposed
sharp tools, etc.) shall remove such equipment before entering any vehicle in
which workers are being transported.
5. Scuffling or horseplay while riding in any
vehicle is prohibited.
6. Any
hazardous condition or defect of a motor vehicle or unsafe practice of driver
or workers riding in vehicles used to transport workers shall be reported to
the employer, supervisor, or driver as soon as possible by any worker having
knowledge of such conditions.
I. Heating the Vehicle.
Any heating units provided for the comfort of workers riding
in vehicles used in their transportation shall be guarded or insulated to
prevent workers from being burned by accidental contact. The use of hot water
radiator type heaters is recommended.
1. If it is necessary to use stoves for
heating, such stoves shall be securely attached to the bed of the vehicle and
shall be equipped with doors which lock securely. Pipes and other attachments
shall be securely fastened to the stove and to the vehicle. Pipes shall be
either of continuous length or welded or riveted to the joints.
2. Heating facilities shall be arranged so
that smoke, fumes or gases will not enter the vehicle.
J. Inspection, Testing, and Repairs.
1. All vehicles shall be kept in good repair
and safe operating condition at all times. Vehicles with defective gears,
tires, steering equipment or brakes shall not be used to transport
workers.
2. Inspection or testing
by the driver of all parts vital to the safe operation of vehicles, such as
brakes, steering gear, tires, lights and signalling devices, shall be made at
the beginning of each shift or each day, and as often as necessary during use.
Any condition found then or at any other time which will prevent the safe
operation of the vehicle shall be corrected before the vehicle is
used.
3. Compartments for workers
shall be kept in a clean and sanitary condition.