California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 4 - Division of Industrial Safety
Subchapter 18 - Ship Building, Ship Repairing and Ship Breaking Safety Orders
Article 6 - Precautions
Section 8387 - Motor Vehicle Safety Equipment, Operation and Maintenance
Universal Citation: 8 CA Code of Regs 8387
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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.
(c) Motor vehicle maintenance and operation.
(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;
(C)
Establishing appropriate speed limits for all motor vehicles;
(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).
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.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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