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Subchapter 18. Ship Building, Ship Repairing and Ship Breaking Safety Orders
Article 6. Precautions

§8387. Motor Vehicle Safety Equipment, Operation and Maintenance.

(a) Application.

(1) This section applies to any motor vehicle used to transport employees, materials, or property at worksites engaged in shipyard employment. This section does not apply to motor vehicle operation on public streets and highways.

(2) The requirements of this section apply to employer-provided motor vehicles. The requirements of subsections (b)(2), (b)(4), and (c)(2) also apply to employee-provided motor vehicles.

(3) Only the requirements of subsections (b)(1) through (b)(3) apply to powered industrial trucks, as defined in General Industry Safety Orders (GISO) Section 3649. The maintenance, inspection, operation, and training requirements in GISO Article 25 apply to powered industrial trucks used for shipyard employment.

(b) Motor vehicle safety equipment.

(1) The employer shall ensure that each motor vehicle acquired or initially used after December 13, 2011 is equipped with a safety belt for each employee operating or riding in the motor vehicle. This requirement does not apply to any motor vehicle that was not equipped with safety belts at the time of manufacture.

NOTE: This provision shall not supersede requirements for seat belts already required by other portions of California Title 8 Safety Orders.

(2) The employer shall ensure that each employee uses a safety belt, securely fastened, at all times while operating or riding in a motor vehicle.

(3) The employer shall ensure that vehicle safety equipment is not removed from any employer-provided vehicle. The employer shall replace safety equipment that is removed.

(4) The employer shall ensure that each motor vehicle used to transport an employee has firmly secured seats for each employee being transported and that all employees being transported are using such seats.

(1) The employer shall ensure that each motor vehicle is maintained in a serviceable and safe operating condition, and removed from service if it is not in such condition.

(2) The employer shall ensure that, before a motor vehicle is operated, any tools and materials being transported are secured if their movements may create a hazard for employees.

(3) The employer shall implement measures to ensure that motor vehicle operators are able to see, and avoid harming, pedestrians and bicyclists at shipyards. Measures that employers may implement to comply with this requirement include:

(A) Establishing dedicated travel lanes for motor vehicles, bicyclists, and pedestrians;

(B) Installing crosswalks and traffic control devices such as stop signs, mirrors at blind spots, or physical barriers to separate travel lanes;

(D) Establishing “no drive” times to allow for safe movement of pedestrians;

(E) Providing reflective vests or other gear so pedestrians and bicyclists are clearly visible to motor vehicle operators;

(F) Ensuring that bicycles have reflectors, lights, or other equipment to maximize visibility of the bicyclist; or

(G) Other measures that the employer can demonstrate are as effective in protecting pedestrians and bicyclists as those measures specified in subsections (c)(3)(A) through (c)(3)(F).

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-13-2011; operative 12-13-2011. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 50). For prior history, see Register 88, No. 6.

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