HF 1094

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 01:46pm

A bill for an act
relating to occupational safety; providing standards for recovery of embedded
equipment and vehicles; proposing coding for new law in Minnesota Statutes,
chapter 182.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [182.6771] CITATION; EMBEDDED EQUIPMENT AND VEHICLE
RECOVERY SAFETY.
new text end

new text begin Sections 182.6771 to 182.6776 may be cited as the "Embedded Equipment and
Vehicle Recovery Safety Act."
new text end

Sec. 2.

new text begin [182.6772] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin For the purpose of sections 182.6771 to 182.6776, the
terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Cable. new text end

new text begin "Cable" means a rope or steel wire, used for lifting, pulling,
towing, or securing.
new text end

new text begin Subd. 3. new text end

new text begin Clevis or shackle. new text end

new text begin "Clevis" or "shackle" means a U-shaped device with a
hole in the end of each arm which is secured by a bolt or pin to connect to other recovery
equipment.
new text end

new text begin Subd. 4. new text end

new text begin Chain. new text end

new text begin "Chain" means a flexible, interconnected series of links, including
but not limited to those made of metal, used to support, restrain, drive, or pull.
new text end

new text begin Subd. 5. new text end

new text begin Competent individual. new text end

new text begin "Competent individual" means an individual who:
(1) is capable of identifying existing or potential working conditions which are hazardous
to employees; and (2) has the authority to stop work or take prompt corrective actions
to eliminate or control the hazardous working conditions.
new text end

new text begin Subd. 6. new text end

new text begin Domestic type. new text end

new text begin "Domestic type" means having been produced or
manufactured in, or having specifications meeting the minimum quality standards of
materials or products in, the United States of America.
new text end

new text begin Subd. 7. new text end

new text begin Embedded. new text end

new text begin "Embedded" means to become deeply or solidly lodged in
mud, soil, or snow.
new text end

new text begin Subd. 8. new text end

new text begin Employee. new text end

new text begin "Employee" has the meaning given in section 182.651,
subdivision 9.
new text end

new text begin Subd. 9. new text end

new text begin Employer. new text end

new text begin "Employer" has the meaning given in section 182.651,
subdivision 7.
new text end

new text begin Subd. 10. new text end

new text begin Equipment and vehicles. new text end

new text begin "Equipment and vehicles" includes, but is
not limited to: tractors, combines, trucks, implements, bulldozers, graders, scrapers,
pay loaders, skid-steer loaders, track or wheel articulating loaders, backhoes, all-terrain
vehicles, automobiles, and tractor-trailer combinations.
new text end

new text begin Subd. 11. new text end

new text begin Ferrule. new text end

new text begin "Ferrule" means a circular clamp used to hold together and
attach fibers, wires, or posts, generally by crimping, swaging, or otherwise deforming the
ferrule to permanently tighten it onto the parts that it holds.
new text end

new text begin Subd. 12. new text end

new text begin Force. new text end

new text begin "Force" means the strength or energy exerted or brought to bear,
that causes motion or change.
new text end

new text begin Subd. 13. new text end

new text begin Hazard zone. new text end

new text begin "Hazard zone" means the zone or area in which a
malfunction of towing equipment is likely to impact and includes the area enclosed by:
(1) a circle drawn around the connection point on the towing vehicle or machinery; and
(2) a circle drawn around the connection point of the towed vehicle or machinery. The
radius of each of the circles in clauses (1) and (2) must be at least equal to the length
of the towing equipment.
new text end

new text begin Subd. 14. new text end

new text begin Kinetic energy. new text end

new text begin "Kinetic energy" means the energy of a body that
results from its motion.
new text end

new text begin Subd. 15. new text end

new text begin Qualified individual. new text end

new text begin "Qualified individual" means an individual
in possession of a recognized degree, certificate, or professional standing, or who
has extensive knowledge, training, and experience and has demonstrated successful
problem-solving skills relating to the subject matter, the work, or the project.
new text end

new text begin Subd. 16. new text end

new text begin Recovery operation. new text end

new text begin "Recovery operation" means using a controlled
force to extricate an embedded vehicle.
new text end

new text begin Subd. 17. new text end

new text begin Rope. new text end

new text begin "Rope" means a strong cord made by twisting together strands of
hemp, other types of fiber, or wire.
new text end

new text begin Subd. 18. new text end

new text begin Swaging. new text end

new text begin "Swaging" means a forging process in which the dimensions
of a cable, wire rope, or other material is altered using a die or dies, into which the item
is forced. A mechanical or hydraulic process is used to secure the item securely within
a ferrule.
new text end

new text begin Subd. 19. new text end

new text begin Taut. new text end

new text begin "Taut" means pulled or stretched tightly.
new text end

new text begin Subd. 20. new text end

new text begin Wire rope. new text end

new text begin "Wire rope" means a rope made of twisted strands of wire.
new text end

Sec. 3.

new text begin [182.6773] SCOPE AND APPLICABILITY.
new text end

new text begin Sections 182.6771 to 182.6776 apply to employers and employees operating in
Minnesota, as outlined in section 182.652, subdivision 1, except agricultural operations
and other business establishments meeting exemptions as defined in the Federal
Appropriations Act as specified to state designees in the federal OSHA Enforcement
and Compliance directive, CPL 02-00-051.
new text end

Sec. 4.

new text begin [182.6774] OPERATING PROCEDURES; RECOVERY EQUIPMENT
AND SUPPLIES; REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Operating procedures. new text end

new text begin An employer must ensure that the following
conditions have been satisfied before any employee is allowed to use recovery equipment
or undertake the recovery of embedded equipment or vehicles:
new text end

new text begin (1) a competent or qualified individual shall survey the circumstances to ensure a
safe operation;
new text end

new text begin (2) prior to recovery operations, a competent individual shall be made available to
direct the operation;
new text end

new text begin (3) communication shall be maintained between all employees or other persons
involved. If adequate communication cannot be made by voice or hand signals, an
additional adequate means of communication shall be used;
new text end

new text begin (4) only the operators of force-pulling equipment shall be allowed in the hazard
zone during recovery operations;
new text end

new text begin (5) draw bars or other manufacturer-approved connection equipment shall be used
for anchorage points during the recovery operation;
new text end

new text begin (6) all anchorage points shall be of sufficient strength to withstand the load and the
forces applied by the recovery equipment;
new text end

new text begin (7) assurances shall be made by the competent individual as to the selection and use
of the proper connection equipment including, but not limited to, chains, ropes, clevises,
and shackles;
new text end

new text begin (8) recovery equipment shall be taut before applying a force with the use of chains
and wire ropes;
new text end

new text begin (9) exceptions shall be allowed for fiber ropes and straps if used following
manufacturer specifications in conjunction with safety straps. Running and jerking starts
are prohibited with the use of steel chains and wire ropes; fiber ropes and straps utilizing
kinetic energy properties must be used in accordance with manufacturer specifications;
new text end

new text begin (10) recovery equipment shall have like or similar capacity ratings and be of sufficient
capacities to handle the load with a safety factor designed for the equipment being used; and
new text end

new text begin (11) when possible, all materials or obstructions located in, on, or around the wheels,
frames, or other parts of the equipment to be recovered must be removed.
new text end

new text begin Subd. 2. new text end

new text begin General equipment requirements. new text end

new text begin Recovery tools and equipment,
whether powered or manually operated, shall be used only for their intended purpose.
Tools and equipment shall not be altered, modified, or used for anything other than their
intended purpose without the manufacturer's written approval unless under the direction of
a qualified individual in accordance with accepted engineering requirements to prevent
creating an additional hazard. Ratings shall be clearly visible and implemented on all
recovery equipment in use.
new text end

new text begin Subd. 3. new text end

new text begin Chains, ropes, and connections; requirement. new text end

new text begin (a) Chain and wire ropes
shall be of the domestic type and shall be no less than a grade of 80. Chains, wire rope,
and connectors shall be rated with a 4:1 safety factor with alloy steel, and a 5:1 safety
factor with carbon steel.
new text end

new text begin (b) Wire rope or cable connections shall be affixed by: (1) swaging; or (2) clamping
only if there are at least three forged clamps spaced a minimum of six rope diameters apart
and attached with the base or saddle of the clamp against the longer or live end of the cable.
new text end

new text begin (c) Wire rope clips must meet the standards provided for under Minnesota Rules, part
5205.0700, for rope diameter, number of clips, and minimum spacing requirements. Wire
rope clamps must be installed and torqued as provided by manufacturer specifications.
Wire rope-related equipment must conform to the diameter of the wire rope being used.
new text end

Sec. 5.

new text begin [182.6775] TRAINING.
new text end

new text begin Training shall be provided by a competent individual on the proper selection, use,
inspection, and maintenance of recovery equipment. Training shall be done prior to initial
recovery tasks and annually thereafter for each employee. Additional training shall take
place when new equipment or new procedures have been implemented. Training shall be
made available by the employer at no cost to the employee.
new text end

Sec. 6.

new text begin [182.6776] INSPECTIONS.
new text end

new text begin Periodic inspections shall be performed on recovery equipment by a competent
individual before and after each use. Inspections conducted under this section must
include visual inspections and nondestructive testing that is capable of determining that
erosion, corrosion, stress, fatigue, damage, repairs, or alterations have not compromised
the equipment. Wire rope, chains, fiber ropes, and other recovery equipment shall be
immediately removed from service when defects are identified. Safe usage, proof testing,
retention of manufacturer certificates and labels, proper storage, protection, and all other
criteria that are not specifically addressed by this section are covered by paragraph 5.2 of the
American Society for Testing and Materials, Specification A391.65 (ANSI G61.1-1968).
new text end