Gravel2Gavel Construction & Real Estate Law Blog
The Occupational Safety and Health Standards Board’s (OSHA) recently amended Operating Rules for Compaction Equipment and amended hand protection regulations are effective July 1, 2014. Contractors who use compaction equipment should consider reviewing their written operating procedures to confirm compliance with the amended regulations in anticipation of July 1.
Title 8, Div. 1, Ch. 4, § 4355 is amended to read (newly added text is underlined):
§ 4355. Operating Rules for Compaction Equipment
(a) General.
(1) The employer shall develop a written set of operating procedures. These operating procedures shall include at least the applicable operating rules contained in this section.
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(c) Mobile Collection/Compaction Equipment.
(1) The operator shall be instructed to ascertain that all individuals are clear of the point of operation or any pinch points before actuating the controls, and shall be ready to stop the packing cycle or loading operation.
(2) No employee shall be positioned in the path of the moving vehicle, standing on front or rear steps or on side steps, or in any other location where the employee cannot be seen by the vehicle operator and is subject to being struck by the vehicle or being thrown off the vehicle.
(3) No employee shall be permitted to ride on a loading sills, collection bins, containers, or attachments to the equipment located in front of the vehicle operator…”
OSHA’s amended hand protection regulations are also effective July 1, 2014. OSHA repealed Title 8, Div. 1, Ch. 4, § 1520, but it amended Title 8, Div. 1, Ch. 4, § 3384. Section 3384 is amended to read (stricken text is not reflected but newly added text is underlined):
§3384. Hand Protection.
(a) Employers shall select, provide and require employees to use appropriate hand protection when employee’s hands are exposed to hazards such as those from skin absorption of harmful substances, cuts or lacerations, abrasions, punctures, chemical burns, thermal burns, radioactive materials, and harmful temperature extremes.
EXCEPTION: Hand protection for cuts, lacerations, and abrasions shall not be required when the employer’s personal protective equipment hazard assessment, required by Section 3380(f) of this Article, determines that the risk of such injury to the employee’s hands is infrequent and superficial.
(b) Hand protection, such as gloves, shall not be worn where there is a danger of the hand protection becoming entangled in moving machinery or materials.
EXCEPTION: Machinery or equipment provided with a momentary contact device as defined in Section 3941.
NOTE: 1. As used in subsection (b) the term entangled refers to hand protection (gloves) being caught and pulled into the danger zone of machinery/equipment. Use of hand protection around smooth surfaced rotating equipment does not constitute an entanglement hazard if it is unlikely that the hand protection will be drawn into the danger zone.
NOTE: 2. Wrist watches, rings, or other jewelry should not be worn while working with or around machinery with moving parts in which such objects may be caught, or around electrically energized equipment.”
Additional Resource: California Department of Industrial Relations