R614-6-6. Motor Vehicle Transportation of Workers

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.