10 PROPOSED ADMINISTRATIVE RULES

 

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR’S OFFICE

GENERAL INDUSTRY SAFETY STANDARDS

 

Proposed Draft August 24, 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 labor and economic growth licensing and regulatory affairs by sections 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021; and

Executive Reorganization Order Nos. 1996-2, 2003-18 2003-1, 2008-4, and 2011-4, MCL 408.1016,

408.1021, 445.2001, 445,2011, 445.2025, and 445.2030)

 

R 408.15802, R 408.15810, R 408.15815, 408.15821, R 408.15831 and R 408.15833 of the Michigan

Administrative Code are amended as follows:

 

PART 58. AERIAL WORK PLATFORMS

 

R 408.15802 Equipment covered.

Rule 5802. These rules apply to equipment that has a primary function of elevating personnel, together with their tools and necessary materials, on a platform, which is mechanically positioned. The units covered are described by the following American National Standards Institute Standards:

(a)    ANSI standard A92.2 2001 2002 edition, "Vehicle-Mounted Elevating and Rotating Aerial Devices,” which is adopted by reference in R 408.15810. This standard applies to vehicle-mounted devices installed on commercial chassis and covers the following type of units (See figure 1):

(i)    Extensible boom aerial devices.

(ii)    Aerial ladders.

(iii)    Articulating boom aerial devices.

(iv)    Vertical towers.

(v)    A combination of any of the equipment specified in paragraphs (i) to (iv) of this subdivision.

(b)    ANSI standard A92.3 2006 edition, "Manually Propelled Elevating Aerial Platforms", which is adopted by reference in R 408.15810. This standard applies to work platforms which are manually propelled, which are vertically adjustable by manual or powered means, and which may be towed or manually moved horizontally on wheels or casters that are an integral part of the work platform base. (See figure 2).

(c)    ANSI standard A92.5 2006 edition, "Boom-Supported Elevating Work Platforms", which is adopted by reference in R 408.15810. This standard applies to all integral frame, boom-supported

 

 

elevating work platforms which telescope, articulate, rotate, or extend beyond the base dimensions. (See figure 3).

(d)    ANSI standard A92.6 1999 edition, "Self-Propelled Elevating Work Platforms,” which is adopted by reference in R 408.15810. This standard applies to self-propelled vertically adjustable integral chassis work platforms. Such work platforms are power operated with primary controls for all movement operated from the platform. (See figure 4).

 

R 408.15810 Adoption of standards by reference; access to other MIOSHA rules. Adopted and referenced standards.

Rule 5810.     (1) The standards specified in this rule, except for the standards specified in subrule (2) of this rule, are adopted by reference.

(a) The following ANSI standards are available from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at web-site: http://global.ihs.com; at a cost, as of the time of adoption of these rules, as stated in this subrule:

(i) American National Standard Institute Standard ANSI A92.2, “Standard for Vehicle-Mounted Elevating and Rotating Work Platforms,” 1969 edition. Cost: $20.00.

  (ii) American National Standard Institute Standard ANSI A92.2, “Vehicle-Mounted Elevating and Rotating Aerial Devices,” 2002 edition. Cost: $68.00.

  (iii) American National Standard Institute Standard ANSI A92.3, "Manually Propelled Elevating Work  Platforms", 1990 edition. Cost: $68.00.

(ii)    (iv) American National Standard Institute Standard ANSI A92.3, "Manually Propelled Elevating Aerial Platforms", 2006 edition. Cost: $68.00.

  (v) American National Standard Institute Standard ANSI A92.5, "Boom-Supported Elevating Work  Platforms", 1992 edition. Cost: $68.00.

(iii)    (vi) American National Standard Institute Standard ANSI A92.5, "Boom-Supported Elevating Work Platforms", 2006 edition. Cost: $68.00.

  (vii) American National Standard Institute Standard ANSI A92.6, "Self-Propelled Elevating Work  Platforms,” 1999 edition. Cost: $68.00.

(b)  The following ANSI standards are available from the Scaffold and Access Industry Association, 400 W. Admiral Blvd., Kansas City, Missouri, 64106, USA, telephone number: 1-816- 595-4860 or via the internet at website: www.shop.saiaonline.org; at a cost, as of the time of adoption of these rules, as stated in this subrule:

(i)    ANSI A92.2, “Vehicle-Mounted Elevating and Rotating Aerial Devices,” 2001 edition. Cost:

$45.00.

(ii)    ANSI A92.3, "Manually Propelled Elevating Work Platforms", 1990 edition. Cost: $45.00.

(iii)    ANSI A92.5, "Boom-Supported Elevating Work Platforms", 1992 edition. Cost: $45.00.

(iv)    ANSI A92.6, "Self-Propelled Elevating Work Platforms,” 1999 edition. Cost: $45.00.

  (b) Part 6: Temporary Traffic Control of the Manual on Uniform Traffic Control Devices for Streets  and Highways, 2005 Michigan MUTCD/2003 Federal Edition, is adopted by reference in these rules and is available at no cost from the Michigan Department of Transportation via the internet at website:  www.michigan.gov/mdot. The entire 2005 MMUTCD may be purchased from Michigan Technological University, Local Technical Assistance Program, Room 309 Dillman Building, 1400 Townsend Drive,  Houghton, Michigan, 49931; [phone]; at a cost of $135.00 as of the time of publication of these rules.

(c)   The “Manual on Uniform Traffic Control Devices, Part 6: Temporary Traffic Control,” 2011 Michigan/2009 Federal Edition is available at no cost from the Michigan Department of

 

 

Transportation via the Internet at website: www.michigan.gov/mdot. The entire 2011 Michigan Manual on Uniform Traffic Control Devices (MMUTCD) may be purchased from the Michigan Department of Transportation, Cashiers Office, P.O. Box 30648, Lansing, Michigan 48909-8148;

[phone]; at a cost of $145.00 as of the time of adoption of these rules.

(d)  (c) The standards adopted in subrule 1(a) to (c) and (b) of this rule are also available for inspection at the Department of Licensing and Regulatory Affairs Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(e)   (d) Copies of the standards adopted in subrule 1(a) to (c) and (b) of this rule may be obtained quickest from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in subrule 1(a) through (c) and (b) of this rule, plus

$20 for shipping and handling.

(2)  The following Michigan Occupational Safety and Health Standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at web-site: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a)    General Industry Safety Standard Part 7. Guards for Power Transmission, R 408.10701 to R 408.10765.

(b)    General Industry Safety Standard Part 21. Powered Industrial Trucks, R 408.12101 to R 408.12193.

(c)    General Industry Safety Standard Part 33. Personal Protective Equipment, R 408.13301 to R 408.13398.

(d)   General Industry Safety Standard Part 53. Tree Trimming and Removal, R 408.15301 to R 408.15363.

(e)    General Industry Safety Standard Part 74. Fire Fighting, R 408.17401 to R 408.17464.

(f)    Construction Safety Standard Part 22. Signals, Signs, Tags, and Barricades, R 408.42201 to R 408.42243.

(g)    Construction Safety Standard Part 45. Fall Protection, R 408.44501 to R 408.44502.

 

R 408.15815   Training; permits.

Rule 5815. (1) An employer shall provide each employee who will operate the aerial work platform with instruction and training regarding the equipment before a permit is issued or reissued. Such instruction and training shall include the following:

(a)    Instruction by a qualified person in the intended purpose and function of each of the controls.

(b)    Training by a qualified person or reading and understanding the manufacturer’s or owner’s operating instructions and safety rules.

(c)    Understanding by reading or by having a qualified person explain, all decals, warnings, and instructions displayed on the aerial work platform.

(d)   Reading and understanding the provisions of this subrule and subrules (1) to (9) of this rule or be trained by a qualified person on their content.

(2)  An employer shall provide the operator of an aerial work platform with an aerial work platform permit.

(3)  The requirements of subrule (1)(a), (b), (c), and (d) of this rule shall be met before an employee is issued a permit.

 

 

(4)  A permit shall be carried by the operator or be available at the job site/work place and shall be displayed upon request by a department of licensing and regulatory affairs labor and economic growth representative.

(5)  A permit shall indicate the type of aerial work platforms an operator has been trained on and is qualified to operate.

(6)  A permit to operate an aerial work platform is valid only when performing work for the employer who issued the permit. A permit shall be issued for a period of not more than 3 years.

(7)   A permit shall contain all of the following information (see sample permit):

(a)    Firm name.

(b)    Operator’s name.

(c)    Name of issuing authority. (Authorized by).

(d)    The following types of aerial work platforms the operator is authorized to operate:

(i)    Vehicle-mounted elevating work platform such as:

(1)   Extensible boom aerial devices.

(2)   Aerial ladders.

(3)   Articulating boom aerial devices.

(4)   Vertical towers.

(ii)    Manually propelled elevating work platforms.

(iii)    Boom-supported elevating work platforms.

(iv)    Self-propelled elevating work platforms.

(e)    Date issued.

(f)    Expiration date.

(8)   The following is a sample permit A sample permit is set forth as follows:

 

 

SAMPLE PERMIT

 

AERIAL WORK PLATFORM PERMIT

 

(Firm Name)

 

 

(Name)

 

Type of aerial work platform authorized to operate:

 

Date Issued       Type      Authorized by     Expiration Date

 

                                                                    

 

                                                                    

 

                                                                    

 

 

(9)   The manufacturer’s operating instructions and safety rules shall be provided and maintained in a legible manner on each unit by the employer.

 

 

R 408.15821    Construction, modification, and remounting.

Rule 5821. (1) Aerial work platforms modified, remounted, designed, constructed, and tested after December 28, 1974, but before the effective date of this rule, shall be in compliance with the requirements of the following applicable American National Standards Institute Standards:

(a)    ANSI standard A92.2, “Standard for Vehicle-Mounted Elevating and Rotating Work Platforms,” 1969 edition.

(b)    ANSI standard A92.3, "Manually Propelled Elevating Work Platforms", 1990 edition.

(c)    ANSI standard A92.5, "Boom-Supported Elevating Work Platforms", 1992 edition.

(d)    ANSI standard A92.6, "Self-Propelled Elevating Work Platforms", 1999 edition. These standards are adopted by reference in R 408.15810.

(2)   A permanent label or tag shall be affixed to an aerial work platform modified, remounted, designed, constructed, or tested after March 28, 1975, but before the effective date of these rules, certifying compliance with subrule (1) of this rule.

(3)   Aerial work platforms modified, remounted, designed, constructed, and tested, after January 1, 2007, shall be in compliance with the requirements of the following applicable American National Standards Institute Standards:

(a)    ANSI standard A92.2, "Vehicle-Mounted Elevating and Rotating Aerial Devices", 2002 2001

edition.

(b)    ANSI standard A92.3, "Manually Propelled Elevating Aerial Platforms", 2006 edition.

(c)    ANSI standard A92.5, "Boom-Supported Elevating Work Platforms", 2006 edition.

(d)    ANSI standard A92.6, "Self-Propelled Elevating Work Platforms", 1999 edition. These standards are adopted by reference in R 408.15810.

(4)   An aerial work platform shall bear a permanent plate stating the designed rating capacity.

(5)   An aerial work platform shall be mounted on a vehicle capable of sustaining, or reinforced to sustain, the imposed load. The vehicle shall be a stable support for the aerial device.

 

 

(6)   The lifting and outrigger system of an aerial work platform shall be equipped with a means, such as, but not limited to, a pilot operated check valve to ensure that the system will not permit the work platform to drop in a free fall in event of a power or hydraulic line failure.

(7)   Aerial work platforms shall not be field-modified for uses other than those intended by the manufacturer, unless the modification has been certified in writing by the manufacturer or by any other equivalent entity, such as a nationally recognized testing laboratory, to be in compliance with the applicable ANSI standard and this rule, and to be at least as safe as the equipment was before modification.

 

R 408.15831   Inspection, maintenance; testing.

Rule 5831. (1) An employer shall comply with all of the following requirements:

(a)    Each aerial work platform shall be inspected, maintained, repaired, and kept in proper working condition in accordance with the manufacturers or owner’s operating or maintenance and repair manual or manuals.

(b)    Any aerial work platform found not to be in a safe operating condition shall be removed from service until repaired. All repairs shall be made by an authorized person in accordance with the manufacturer’s or owner’s operating or maintenance and repair manual or manuals.

(c)    If the aerial work platform is rated and used as an insulated aerial device, the electrical insulating components shall be tested for compliance with the rating of the aerial work platform in accordance with ANSI standard A92.2 2002 2001edition “Vehicle-Mounted Elevating and Rotating Aerial Devices,” which is adopted by reference in R 408.15810. Testing shall comply with all of the following provisions:

(i)    The test shall be performed not less than annually.

(ii)    Written, dated, and signed test reports shall be made available by the employer for examination by a department representative.

(iii)    The insulated portion of an aerial device shall not be altered in any manner that might reduce its insulating value.

(d)    All danger, caution, and control markings and operational plates shall be legible and not obscured.

 

R 408.15833 Vehicles; traffic control.

Rule 5833. (1) Before moving a vehicle supporting an aerial ladder for highway travel, employees shall secure ladders in the lower position, and shall use the manually operated device at the base of the ladder, or other effective means to prevent elevation or rotation of the ladder.

(2)   Before moving a vehicle supporting an aerial lift for travel, employees shall inspect the boom to ensure that it is properly cradled and the outriggers are in the stowed position, except as provided in subrule (3) of this rule.

(3)   When a boom is elevated with employees in working position, the vehicle supporting an aerial device shall not be moved unless the equipment is specifically designed for this type of operation and meets the requirements of R 408.15821.

(4)   Before and during travel, except as provided for horizontal movement in R 408.15839(9), an operator shall do all of the following:

(a)    Inspect to see that booms, platforms, aerial ladders, or towers are properly cradled or secured.

(b)    Ensure that outriggers are in a stored position.

(c)    Limit travel speed according to the following factors:

(i)    Condition of the surface.

(ii)    Congestion.

(iii)    Slope.

 

 

(iv)    Location of personnel.

(v)    Other hazards.

(5)  An employer shall ensure that operators of an aerial work platform over or adjacent to any public or private roadway maintain adequate clearances of all portions of the aerial work platform to prevent being struck by vehicular traffic.

(6)  When aerial work platforms are in use, all traffic control requirements shall be in compliance with Part 6 of the 2005 2011 Michigan Manual on Uniform Traffic Control Devices (MMUTCD), which is adopted in R 408.15810, and Construction Safety Part 22. Signals, Signs, Tags, and Barricades, R 408.42201 to R 408.42243, as referenced in R 408.15810.