14 PROPOSED ADMINISTRATIVE RULES

 

 

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES LICENSING AND REGULATORY AFFAIRS

BUREAU OF SAFETY AND REGULATION DIRECTOR'S OFFICE

CONSTRUCTION SAFETY STANDARDS COMMISSION

Proposed Draft August 7, 2012 Filed with the Secretary of State on

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 19 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-

4, and 2011-4, MCL 445.2001, 445,2011, 445.2025, and 445.2030 construction safety standards commission by sections 19 and 21 of Act No. 154 of the Pubic Acts of 1974, as amended, being SS408.1019 and 408.1021 of the Michigan Compiled Laws)

 

R 408.40932, R 408.40933, R 408.40941, and R 408.40851 of the Michigan Administrative Code are amended and R 408.40946 and R 408.40952 are rescinded, as follows:

 

PART 9. EXCAVATION, TRENCHING, AND SHORING

 

 

R 408.40932 Excavation; consideration of soil types; water; slide hazards.

Rule 932. (1) If different textured soils are encountered in the side of an excavation, each soil type of the excavation shall be cut to the proper angle of repose, except that the slope shall not steepen between the toe of the slope and the ground level where soft clay or running soil is encountered in the lower cut.

(2) If the excavation is a trench, a trench shoring system shall be used or the sides shall be properly sloped to protect against a cave-in.

(2)   (3) An employee shall not work in an excavation in which there is accumulated water or in which water is accumulating unless precautions have been taken to protect employees against the hazards posed by water accumulation. The precautions necessary to protect employees adequately vary with each situation, but may include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or the use of a safety harness and lifeline.

(3)   (4) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operation shall be monitored by a qualified person or a monitoring system to ensure that the equipment is properly operated.

(4)   (5) An ongoing inspection of an excavation or trench shall be made by a qualified person. After every rainstorm or other hazard-producing occurrence, an inspection shall be made by a qualified

 

 

employee for evidence of possible slides or cave-ins. Where these conditions are found, all work shall cease until additional precautions, such as additional shoring or reducing the slope, have been accomplished.

(6) An excavation that is cut into a rock formation shall be scaled to remove loose material.

(5) (7) When installed forms, walls, or similar structures create a trench between the form, wall, or structure and the side of the excavation, an employer shall comply with the provisions of R 408.40941 to R 408.40944.

R 408.40933 Excavation; obstructions; retaining materials; egress; guarding; heavy equipment.

Rule 933. (1) A tree, boulder, rock fragments, or other obstructions whose movement could cause injury to an employee shall be removed or supported.

(2) An excavation that an employee is required to enter shall have excavated and other material stored and retained not less than 2 feet from the excavation edge.

 (3) When a shoring system is used, the system shall be designed and used to resist the added pressure when heavy equipment, material handling equipment, or material is located near an excavation.

(3)  (4) When mobile equipment is utilized or permitted adjacent to an excavation where the operator’s vision is restricted, stop logs or barricades shall be utilized or a signal person shall be used.

(4)  (5) An excavation 48 or more inches in depth and occupied by an employee shall be provided with either a ladder extending not less than 3 feet above the top as a means of access or with a ramp meeting the requirements of subrule (6) (5) of this rule. Lateral travel along the wall of a trench to a ladder or other means of egress shall not exceed 25 feet.

(5)   (6) An earth ramp may be used in place of a ladder if it meets all of the following requirements:

(a)   The ramp material shall be stable.

(b)  The sides of the excavation above the ramp shall be maintained to the angle of repose or sheeted or shored along the means of egress.

(c)   The degree of angle of the ramp shall not be more than 45 degrees.

(d)  Vertical height between the floor of the trench and the toe of the ramp shall not exceed 30 inches.

 

 

R 408.40941 Excavation; angle of repose.

Rule 941. (1) The side of an excavation more than 5 feet deep shall be sloped as prescribed in table 1, unless supported as prescribed in this part.

(2)  An excavation less than 5 feet in depth shall also be effectively protected when examination of the ground indicates hazardous earth movement may be expected.

(3)If 1 side of a trench is 5 feet or less in depth and the other side is deeper than 5 feet, the side deeper than 5 feet shall be protected as provided in this part. All excavated material shall be placed on the low side if possible.

(4)Special attention shall be given to a side that may be adversely affected by weather or moisture content.

 

TABLE 1

MAXIMUM ALLOWABLE ANGLE OF REPOSE FOR THE SIDE OF AN EXCAVATION IN EXCESS OF 5' DEPTH

 

 

 

 

 

R 408.40946  Caisson excavation; employee protection. Rescinded.

Rule 946. The requirements for employee protection during caisson excavation are found in R 408.41482 of construction safety standard, Part 14. Tunnels, Shafts, Caissons, and Cofferdams, being R 408.41401 et seq. of the Michigan Administrative Code.

 

 

R 408.40951 Walkways, sidewalks, roadways.

Rule 951. (1) A walkway or sidewalk shall be kept clear of excavated material and other obstructions. (2) The walkways and sidewalks shall be lighted if used during hours of darkness.

(1) (3) A sidewalk shall not be undermined unless it is shored to support a live load of not less than 125 pounds per square foot.

(4)A walkway or sidewalk that is adjacent to an excavation shall be separated from the excavation and protected by a guardrail as prescribed in Part 45. Fall Protection, being R 408.44501 et seq. of the Michigan Administrative Code.

(5)An employee who is routed from a sidewalk or walkway into a roadway to detour an excavation shall be protected on both sides by guardrails or barricades as prescribed in Part 45. Fall Protection, being R 408.44501 et seq. of the Michigan Administrative Code, or Part 22. Signals, Signs, Tags, and Barricades, being R 408.42201 et seq. of the Michigan Administrative Code.

(2) (6) If an employee or equipment is required or permitted to cross a trench or ditch, a walkway, runway, ramp, or bridge shall be provided and shall have a designed capacity of not less than 3 times the imposed load. A guardrail prescribed by the provisions of Part 21. Guarding of Walking and Working Areas and Part 45. Fall Protection, being R 408.42101 and R 408.44501 et seq., respectively, of the Michigan Administrative Code, shall be provided.

(7)If equipment is routed across or onto a roadway, protection shall be provided as prescribed in rule 2223 of Part 22. Signals, Signs, Tags, and Barricades, being R 408.42233 of the Michigan Administrative Code.

(8)Guardrails or barricades, as prescribed in Part 22. Signals, Signs, Tags, and Barricades and Part 45. Fall Protection, being R 408.42201 et seq. and R 408.44501 et seq., respectively, of the Michigan Administrative Code, shall be provided at all remotely located excavations. All wells, pits, and shafts shall be barricaded or covered. Temporary wells, pits, and shafts shall be barricaded or covered.

Temporary wells, pits, and shafts shall be backfilled when exploration and similar operations are completed.

 

 

R 408.40952 Openings in roadways.  Rescinded.

Rule 952. An open cut into a roadway shall be provided with a barricade on all sides as prescribed in rule 2223 of Part 22. Signals, Signs, Tags, and Barricades, being R 408.42223 of the Michigan Administrative Code.  Warning lights shall be provided during hours of darkness.