22 PROPOSED ADMINISTRATIVE RULES

 

DEPARTMENT OF LABOR AND ECONOMIC GROWTH LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE CONSTRUCTION SAFETY STANDARDS

Proposed Draft September 12, 2012 Filed with the Secretary of State on

These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 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 labor and economic growth 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 No. 1996-2 and 2003-1, MCL 408.1019, 408.1021, 445.2001, and 445.2011)

 

R 408.42221, R 408.42223, R 408.42224, R 408.42229, R 408.42241 and R 408.42243 of the Michigan

Administrative Code are amended as follows:

 

PART 22. SIGNALS, SIGNS, TAGS, AND BARRICADES

 

R 408.42221 Duties of employer.

Rule 2221. (1) An employer shall provide, install, and maintain signals, signs, barricades, and tags, as prescribed by this part, where an employee might be, or would likely be, injured if not alerted to the hazard.

(2) An employer shall provide training appropriate to the work assignment for each employee engaged in activities covered by this part. The following are examples of the training that may be required:

(a) Recognition of hazards, such as, but not limited to, possible masonry wall collapse areas, crane swing areas, floor opening covers, or traffic control hazards.

(b) Traffic regulator training.

(c) Proper placement and removal of signs, signals, tags, and barricades.

(d)Training in how to perform work in proximity to traffic to minimize vulnerability.

 

R 408.42223 Traffic control.

Rule 2223. (1) Traffic control devices shall be installed and maintained as prescribed in Part 6 of the 2005 MMUTCD, which is adopted by reference in R 408.42209.

(2) An employer shall ensure that all operations have routine inspections of traffic control elements for acceptable levels of operation. When traffic exposures are such that signs, signals, or barricades do not provide the necessary protection on, or adjacent to, a highway or street, traffic regulators or other appropriate traffic controls shall be provided.  Modification of traffic controls, such as additional signs

 

 

or devices, or a change in work operations, shall be determined by a qualified person who is responsible for the project traffic control.

(2)  (3) Signaling directions by traffic regulators shall conform to the provisions of Part 6 of the 2005 MMUTCD, which is adopted by reference in R 408.42209.

(3)  (4) A hand-held paddle sign shall have 2 faces and it shall be attached to a staff of suitable design that will allow the entire unit to be held and controlled by 1 traffic regulator. The bottom of the sign shall be a minimum of 6 feet (1.8 meters) above the roadway surface. The sign shall be fastened to the staff so that no part of the legend is obscured. The portion of the staff within the sign face shall match the sign colors. The sign shall not be less than 18 by 18 inches (450 millimeters x 450 millimeters) and the letters shall have a minimum height of 6 inches (150 millimeters). All letters and spacing between letters shall be as prescribed in Part 6 of the 2005 MMUTCD, which is adopted by reference in

R 408.42209.  The legend shall be optically centered horizontally on the sign. One side of the sign shall display a "STOP" face and the other side shall display the message "SLOW," except that if it is necessary for 1 traffic regulator to stop 2 directions of traffic at the same time, then a "STOP" face shall be used on each side of the sign. The "STOP" face shall have a red background with white letters and border. The "SLOW" face shall have an orange background with black letters and border. The shape of the sign shall be octagonal and the portions of the sign other than the diamond-shaped "SLOW" face shall be black. When the sign paddle is used during hours of darkness, the red and white of the "STOP" face and the orange of the "SLOW" face shall be reflectorized.  Sheet metal or other light semi-rigid material may be used for mounting the "STOP" and "SLOW" faces.

(5) If signaling by a traffic regulator is necessary on construction operations that are not within a public right-of-way, then a hand-held paddle sign as specified in subrule (4) of this rule shall be used.

(4) (6) The paddle sign shall be as follows:

 

*NOTE: The dimensions shown for the sign are minimum.

Proportionately larger paddle signs may be used.

 

(7) In periods of darkness, appropriate lighting shall be used to illuminate the traffic regulator and the traffic regulator station. The lighting shall be as is required in Part 6 of the MMUTCD, which is adopted by reference in R 408.42209.  Appropriate lighting means lighting that illuminates the traffic regulator so that he or she is visible to oncoming traffic and does not impair either the traffic regulator’s or motorists’ visibility due to blinding or shadowing.

(5) (8) An employer shall provide, and a traffic regulator shall wear, a vest, a shirt, or a jacket that is fluorescent orange, yellow, strong yellow green, or a combination of these colors and shall contain retro reflective material that is orange, yellow, white, silver, or strong yellow green. A traffic regulator’s vest, shirt, or jacket shall be clearly visible at 360 degrees through the full range of body motion day and night. See Appendix.

(9) An employer shall require that the garment is inspected before each use for all of the following:

 

 

(a) Wear. (b) Damage. (c) Fading.

(d)Reflectivity.

(e) Other deterioration.

 Defective garments shall be reported to the employer and the employer shall either repair or replace the garment.

(6)  (10) A traffic regulator shall also wear head, eye, and foot protection as prescribed in Construction Safety Standard Part 6 Personal Protective Equipment, R 408.40601 et seq.

(7)  (11) If vehicular traffic violates traffic laws and creates a hazard to employees performing construction operations, then an employer shall notify the appropriate law enforcement agencies of the unit of government exercising authority over the roadway for the enforcement of applicable speed limits and other traffic laws.

 

R 408.42224 Barricades for construction operations on other than public right-of-way.

Rule 2224. (1) A barricade that has a high point of not less than 36 inches (900 millimeters) shall be provided to direct vehicular traffic to protect an employee performing construction operations.

(2)  A barricade shall be provided to obstruct or direct an employee from a hazardous area of a construction operation not otherwise affected by another standard.

(3)If an employee is working during a period of darkness, then a barricade shall be made visible by ambient illumination or by attached lighting.

 

R 408.42229 Signs generally.

Rule 2229. (1) A sign and its fastening device shall be free of sharp edges, burrs, splinters, or other sharp projections that could create a hazard.

(2) If conditions warrant the use of a sign size that is not specified in Tables 2 to 5, then the ratio of the height of the identifying panel, such as "DANGER" or "CAUTION," to the width of the sign shall be maintained as prescribed in the tables.

(2) (3) Signs shall be removed or covered when the hazard addressed by the sign no longer exists.

 

R 408.42241 Accident prevention tags generally.

Rule 2241. (1) An appropriate accident prevention tag shall be used as a temporary means of warning an employee of an existing hazard, such as defective tools or equipment. A tag shall not be used in place of an accident prevention sign or considered a complete warning method.

(2) A tag shall be affixed by string, wire, or adhesive.

(2)  (3) A tag shall be large enough to attract attention to the hazard but not less than 2 3/8 inches (59 millimeters) by 4 3/4 inches (119 millimeters).

(3)   (4) The signal word shall be in bold type.

 

R 408.42243 Signs for slow-moving vehicles.

Rule 2243. (1) A sign as prescribed in this rule shall be attached to the rear of any vehicle that, by design, moves at 25 miles per hour or less on any public, private, or temporary road.

(2)The sign shall be entirely visible in daylight and at night from a distance of not less than 600 feet (180 meters).

(3)The sign shall be mounted point up and shall be placed centrally at the rear of the vehicle, unobscured, and at 3 feet (.9 meters) to 5 feet (1.5 meters) above the ground measured from the lower edge of the sign. The sign shall be securely attached to the vehicle.

 

 

 

SLOW MOVING VEHICLE IDENTIFICATION SIGN