HF 1617

as introduced - 87th Legislature (2011 - 2012) Posted on 05/02/2011 09:58am

A bill for an act
relating to occupational safety and health; 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 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. 3. 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. 4. new text end

new text begin Chain. new text end

new text begin "Chain" means a flexible, interconnected series of links, that
include but are 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 Dead zone. new text end

new text begin "Dead 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. 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 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. 12. 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. 13. 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. 14. new text end

new text begin Recovery operation. new text end

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

new text begin Subd. 15. 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. 16. 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. 17. 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, except agricultural operations as defined in section 561.19, subdivision 1,
paragraph (a).
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 employee or person shall be used;
new text end

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

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

new text begin (6) all anchorage points shall be of sufficient strength to withstand the load and
stress applied;
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, 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 following manufacturer
specifications in conjunction with safety straps. Running and jerking starts are prohibited
with the use of steel chains and wire ropes, except when fiber ropes and straps utilizing
kinetic energy properties are used in accordance with manufacturer specifications;
new text end

new text begin (10) recovery equipment shall have like or similar capacity ratings and be sufficient
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 connections shall be: (1) swagged, or (2) clamped 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 person 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 inspection shall be performed on recovery equipment 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