| R
408.40102 Definitions.
|
Rule
102.
(1) |
"Accident
prevention program" means the program by which an employer provides
instruction and safety training to an employee in the recognition and avoidance
of hazards. |
| (2) |
"Aisle"
means a designated path of travel for equipment and employees. |
| (3) |
"Approved"
means approval by the director of the department of consumer and industry
services or by the director's duly designated representative.
|
| (4) |
"Confined
space" means a space, that, because of its physical construction, could
be subject to the accumulation of loose materials or explosive, toxic, or
flammable contaminants or could have an oxygen-deficient atmosphere.
All of the following are examples of confined spaces:
|
| (a) |
Storage
tanks. |
| (b) |
Process
vessels. |
| (c) |
Bins.
|
| (d)
|
Boilers.
|
| (e) |
Ventilation
ducts.
|
| (f) |
Sewers. |
| (g) |
Underground
utility vaults. |
| (h) |
Tunnels
after construction is completed. |
| (i) |
Pipelines. |
| (5) |
"Equivalent"
means an alternate design or feature that provides at least as effective
a degree of safety or a greater degree of safety.
|
| (6) |
"Hazard"
means a condition or procedure that is causing or is likely to cause serious
physical harm or death to an employee.
|
| (7)
|
"Potable
water" means water that is in compliance with the provisions of Act
No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq.
of the Michigan Compiled Laws. |
| (8)
|
"Qualified
employee" means one who, by knowledge, training, and experience, has
successfully demonstrated to the employer his or her ability to solve or
resolve problems relating to the subject matter, the work, or the project. |
| [Return
to Table of Contents] |
| R
408.40114 Employer responsibilities;
accident prevention program. |
| Rule
114. (1) |
An employer
shall develop, maintain, and coordinate with employees an accident prevention
program, a copy of which shall be available at the worksite.
|
| (2)
|
An accident
prevention program shall, at a minimum, provide for all of the following:
|
| (a) |
Designation
of the qualified employee or person who is responsible for administering
the program. |
| (b) |
Instruction
to each employee regarding the operating procedures, hazards, and safeguards
of tools and equipment when necessary to perform the job.
|
| (c)
|
Inspections
of the construction site, tools, materials, and equipment to assure that
unsafe conditions which could create a hazard are eliminated.
|
| (d)
|
Instruction
to each employee in the recognition and avoidance of hazards and the regulations
applicable to his or her work environment to control or eliminate any hazards
or other exposure to illness or injury.
|
| (e) |
Instruction
to each employee who is required to handle or use known poisons, toxic materials,
caustics, and other harmful substances regarding all of the following: |
| (i) |
The
potential hazards. |
| (ii) |
Safe handling.
|
| (iii)
|
Use.
|
| (iv) |
Personal
hygiene. |
| (v) |
Protective
measures. |
| (vi) |
Applicable
first aid procedures to be used in the event of injury. |
| (f) |
Instruction to each employee if known harmful plants, reptiles, animals,
or insects are present regarding all of the following: |
| (i)
|
The potential
hazards. |
| (ii) |
How to
avoid injury. |
| (iii)
|
Applicable
first aid procedures to be used in the event of injury. |
| (g) |
Instruction
to each employee who is required to enter a confined space regarding all
of the following: |
| (i) |
The hazards
involved. |
| (ii)
|
The necessary
precautions to be taken. |
| (iii)
|
The use
of required personal protective equipment.
|
| (iv)
|
Emergency
equipment. |
| (v)
|
The procedures
to be followed if an emergency occurs.
|
| (h)
|
Instruction
in the steps or procedures to be followed in case of an injury or accident
or other emergency. |
| (3) |
This rule
replaces OH rule 6601. |
| [Return
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|
R 408.40115 Employer
responsibilities generally.
|
Rule
115.
(1) |
An employer
shall identify as unsafe a machine, powered tool, or piece of equipment
that is damaged or defective. The
machine, tool, or equipment shall be locked out, made inoperable, or be
physically removed from the jobsite. |
| (2) |
An
employer shall not permit any of the following:
|
| (a) |
The use
of damaged or defective machinery, tools, materials, or equipment that could
create a hazard. |
| (b) |
The operation
of machinery, equipment, and special tools, except by a qualified employee.
|
| (c) |
An employee
other than the operator to ride any piece of moving equipment not covered
by a specific standard, unless there is a seat or other safety feature provided
for use by the employee. Acceptable
safety features could include a guardrail, enclosure, or a seat belt.
|
| (3) |
An employer
shall not knowingly permit an employee to work while under the influence
of intoxicating beverages or substances which could impair the employee's
ability to perform a task in a safe manner.
|
| (4)
|
Employees
not specifically covered by Part 16. Power Transmission and Distribution,
Part 17. Electrical Installations, or Part 30. Telecommunications of
the construction safety standards commission standards, being R 408.41601
et seq., R 408.41701 et seq., and R 408.43001 et seq. of the Michigan
Administrative Code, shall not be allowed by the employer to work or be
closer to energized electrical line, gear, or equipment exposed to contact
than the minimum clearance prescribed in table 1.
|
| (5)
|
Table 1
reads as follows:
|
|
R
408.40116 Employee responsibilities.
|
| Rule
116. (1)
|
An
employee shall immediately report hazardous conditions or equipment to the
employer. |
| (2) |
An
employee shall not do any of the following:
|
| (a)
|
Engage
in any act which would endanger another employee. |
| (b) |
Work
while under the influence of intoxicating beverages or substances which
would impair his or her ability to perform a task in a safe manner.
|
| (c) |
Remove
a guard or other safety device from a machine or equipment, except for authorized
servicing purposes. The guard or
other safety device shall be replaced or equivalent guarding shall be provided
before the machine or equipment is returned to normal operation. |
| [Return
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| R
408.40119 Housekeeping and disposal
of waste materials. |
| Rule
119. (1) |
Materials,
including scrap and debris, shall be piled, stacked, or placed in a container
in a manner that does not create a hazard to an employee.
|
| (2)
|
Garbage
capable of rotting or becoming putrid shall be placed in a covered container.
Container contents shall be disposed of at frequent and regular intervals.
|
| (3)
|
The floor
of a work area or aisle shall be maintained in a manner that does not create
a hazard to an employee. |
| (4) |
Combustible
scrap and debris shall be removed in a safe manner from the work area at
reasonable intervals during the course of construction.
A safe means shall be provided to facilitate this removal. |
| (5) |
Material
which may be dislodged by wind and that could create a hazard when left
in an open area shall be secured. |
| [Return
to Table of Contents] |
| R
408.40121 Confined or enclosed spaces;
testing; neutralizing hazard.
|
| Rule
121. (1)
|
An employee
required to enter into confined or enclosed spaces shall be instructed as
to the nature of the hazards involved, the necessary precautions to be taken,
and in the use of required protective and emergency equipment.
The employer shall comply with any specific rules that apply to work
in dangerous or potentially dangerous areas.
|
| (2)
|
Before
an employee enters a manhole, well, shaft, tunnel, or other confined space
where the atmosphere might be hazardous due to a condition such as a deficiency
of oxygen, or might be toxic in excess of the maximum allowable limits prescribed
by the department of public health, the atmosphere shall be tested and the
results recorded. The records shall
be maintained at the job site. If
the atmosphere is hazardous, either sufficient ventilation to eliminate
the hazard shall be provided or respiratory equipment prescribed by the
department of public health shall be worn.
|
| (3) |
If an atmosphere
is found to be explosive, sparks, flame, and other sources of ignition shall
be prohibited, and ventilation shall be provided until the hazard has been
reduced and maintained at or below the maximum allowable limits prescribed
by the department of public health. |
| [Return
to Table of Contents] |
| R
408.40122 Boilers and pressure vessels.
|
| Rule
122. (1) |
The installation,
inspection, testing, marking, and certification of a pressure vessel shall
be as prescribed in section viii on unfired pressure vessels of the ASME
boiler and pressure vessel code of 1989, which is adopted by reference in
these rules and may be inspected at the Lansing office of the department
of consumer and industry services. This
code may be purchased at a cost as of the time of adoption of these rules
of $310.00 from either the American Society of Mechanical Engineers, Standards
Department, United Engineering Center, 345 E. 47th Street, New York, New
York 10017, or from the Michigan Department of Consumer and Industry Services,
Safety Standards Division,7150 Harris Drive, Box 30643, Lansing, Michigan
48909. |
| (2) |
An employer
shall not use a boiler to perform construction operations unless the employer
has a valid certification issued by the boiler division of the Michigan
department of consumer and industry services. |
| [Return
to Table of Contents] |
| R
408.40123 Guarding, belts, gears,
pulleys, sprockets, and moving parts.
|
| Rule
123. |
Means of
power transmission, such as, but not limited to, belts, gears, shafts, pulleys,
sprockets, spindles, drums, fly wheels, chains, or other reciprocating,
rotating, or moving parts of equipment, shall be guarded as prescribed in
the general industry safety standards commission standards, Part 7. Guards
for Power Transmission, being R 408.10701 et seq. of the Michigan Administrative
Code, if the part is exposed to contact by an employee or otherwise constitutes
a hazard. |
| [Return
to Table of Contents] |
|
R 408.40126 Derailers,
bumper blocks, and clearance signs. |
| Rule
126. (1) |
Where rolling
railroad cars on a spur track could make contact with a rail car being loaded
or unloaded, repaired, or serviced, or enter a building, work or traffic
area, derailers, bumper blocks, a blue
flag or blue light, or other equivalent protection shall be used.
|
| (2)
|
A visible
"close clearance" sign shall be used to indicate close clearance
between a rail car and an adjacent fixed object if the fixed object is located
less than 8 1/2 feet from the center of a straight track or less than 9
feet from the center of a curved track. |
| [Return
to Table of Contents] |
| R
408.40127 Machine installations
and guarding. |
| Rule
127. (1) |
A machine
shall be located so that there will be space for an employee to handle the
material and operate the machine without interference to or from another
employee or machine. |
| (2) |
A machine
installed on a bench, table, or stand shall be designed or secured to prevent
unintentional movement or tipping. |
| (3)
|
The power
source of a machine that is to be repaired, serviced, or set up, where unexpected
motion or an electrical or other energy source would cause injury, shall
be locked out by each employee doing the work, except when motion is necessary
during setup, adjustment, or troubleshooting.
Any residual pressure shall be relieved before and during the work.
A machine connected by a cord and plug to an electric power source
shall be considered in compliance if the plug is disconnected and tagged
and the disconnection is within view of the operation.
|
| (4)
|
Where 1
or more crews are working on the same machine with a single energy source,
1 of the following provisions shall be complied with: |
| (a) |
Each employee
shall place his or her lock as prescribed in subrule (3) of this rule. |
| (b)
|
An authorized
employee of each crew shall be responsible for placing the lock required
in subrule (3) of this rule and for ascertaining that his or her crew is
clear of the machine before removing the lock.
|
| (c) |
A supervisor
shall place a departmental lock for which he or she has the only key, and
he or she shall ascertain that all crews are clear from the machine before
removing the lock. |
| (5) |
The tagging
referred to in subrule (3) of this rule shall be as prescribed in Part 22.
Signals, Signs, Tags, and Barricades, being R 408.42201 et seq. of the Michigan
Administrative Code. |
| (6) |
When unexpected motion would cause injury, provision shall be made
to prevent a machine from automatically restarting upon restoration of power
after a power failure. |
| (7) |
Blades
of a fan which is located within 8 feet of a floor or working level and
which is used for ventilation or cooling of an employee shall be guarded
with a firmly affixed or secured guard.
Any opening in the guard shall have not more than 1 of its dimensions
more than 1 inch, and the distance to the blade shall be not less than that
prescribed in table 2. |
| (8)
|
An employee
shall not place his or her body beneath equipment such as a vehicle, a machine,
or materials, that is supported only by a jack, overhead hoist, chain fall,
or any other temporary single supporting means, unless safety stands, blocks,
or another support system that is capable of supporting the total imposed
weight is used to protect the employee if the temporary single supporting
means fails. |
| (9)
|
Table 2
reads as follows: |
| R
408.40128 Sanitation.
|
| Rule
128. (1) |
All
of the following provisions apply to potable water: |
| (a) |
A supply
of potable water shall be available to employees in all places of employment.
|
| (b)
|
A container
used to distribute drinking water shall be constructed of impervious nontoxic
materials, shall be clearly marked as to its contents, and shall not be
used for any other purpose. Containers
shall be serviced so that sanitary conditions are maintained.
|
| (c) |
A portable
container used to dispense drinking water shall be closed and equipped with
a tap. |
| (d)
|
Dipping
water from a container or drinking from a common cup is prohibited. |
| (e) |
Where single-service
cups (cups to be used once) are supplied, a sanitary container for the unused
cups shall be provided. A
receptacle for disposing of used cups shall be provided and emptied
as often as is necessary. |
| (2)
|
Both of
the following provisions apply to nonpotable water: |
| (a)
|
An outlet
for nonpotable water, such as water for industrial or fire fighting purposes
only, shall be identified by signs that are in compliance with the requirements
of construction safety standard, part 22. Signals, Signs, Tags, and Barricades,
being R 408.42201 et seq. of the Michigan Administrative Code, to indicate
clearly that the water is not to be used for drinking, washing, or cooking
purposes. |
| (b) |
There shall
be no connection between a system furnishing potable water and a system
furnishing nonpotable water. |
| (3)
|
This rule
replaces OH rule 6615. |
| [Return
to Table of Contents] |
| R
408.40129 Toilets at construction
sites. |
| Rule
129. (1)
|
Toilets at construction sites shall be provided for employees as follows: |
| (a) |
1
to 20 employees - 1 toilet. |
| (b) |
21 to 40
employees - 2 toilets. |
| (c) |
41 or more
employees - 1 additional toilet for each additional 40 or less employees.
|
| (2)
|
A jobsite
that is not provided with a sanitary sewer shall be provided with 1 of the
following toilet facilities, unless prohibited by local codes:
|
| (a)
|
A privy,
if use of the privy will not contaminate groundwater or surface water.
|
| (b) |
A chemical
toilet. |
| (c) |
A
recirculating toilet. |
| (d) |
A combustion
toilet. |
| (3)
|
The requirements
of this rule for sanitation facilities shall not apply to a mobile crew
that has transportation readily available to nearby toilet facilities.
|
| (4)
|
To assure
sanitation, a toilet shall be serviced and maintained on a regular basis.
|
| (5)
|
A toilet
shall be supplied with toilet paper. |
| [Return
to Table of Contents] |
| R
408.40132 Medical services and first
aid. |
| Rule
132. (1) |
An
employer shall ensure the availability of medical personnel for advice and
consultation on matters of occupational health.
|
| (2) |
Before
beginning a project, provision shall be made for prompt medical attention
in case of serious injury. |
| (3) |
A person
who has a valid certificate in first aid training shall be present at the
worksite to render first aid. A
certificate is valid if the requirements necessary to obtain the certificate
for first aid training meet or exceed the requirements of the United States
bureau of mines, the American red cross, the guidelines for basic first
aid training programs, or equivalent training.
|
| (4) |
Where a
remote location or a single employee worksite exists, an employer shall
provide a written plan that includes alternate methods of assuring available
treatment for employees at a remote location or single-employee worksite.
The plan shall be communicated to all affected employees.
|
| (5)
|
An employer
shall assure that there are first aid supplies at each jobsite and that
the supplies are readily accessible. |
| (6) |
The contents
of a first aid kit shall be approved by a consulting physician. First aid
kit supplies shall be sealed in individual packages, stored in a weatherproof
container, and checked by an employer or designated person before being
sent out on each job and at least weekly on each job to ensure that expended
items are replaced. |
| (7) |
An employer
shall provide proper equipment for the prompt transportation of an injured
person to a physician or hospital and a communication system for contacting
the necessary emergency service. The
telephone numbers of a physician, hospital, or emergency service shall be
conspicuously posted at the jobsite. |
| (8)
|
This rule
replaces OH rule 6610. |
| [Return
to Table of Contents] |
| R
408.40133 Illumination.
|
| Rule
133. (1) |
A minimum illumination intensity of 10 footcandles shall be provided
on a jobsite where construction work is being performed. |
| (2)
|
A minimum
illumination intensity of 5 footcandles shall be provided to areas on a
jobsite where work is not being immediately performed but where workers
may pass through. |
| (3) |
A minimum illumination intensity of 50 footcandles shall be provided
for first aid stations and infirmaries. |
| (4) |
For
areas or operations not covered by subrules (1) to (3) of this rule, refer
to the American National Standard A11.1-1965, R 1970, Practice for Industrial
Lighting, for recommended values of illumination.
ANSI Z11.1-1965, R 1970, is adopted by reference in this rule.
Printed copies of ANSI Z11.1-1965, R 1970, are available from Global
Engineering Documents, 15 Inverness Way East, Englewood, Colorado 80112,
telephone number 1-800-854-7179, website:
www.global.ihs.com at a cost as of the time of adoption of these
amendatory rules of $54.00 or is available for inspection at the Michigan
Department of Consumer and Industry Services, Standards Division, 7150 Harris
Drive, P.O. Box 30643, Lansing, Michigan 48909.
|
| (5) |
This rule
replaces OH rule 6605. |
| [Return
to Table of Contents] |