Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment moves the rule from Title 4
to Title 7, removes references to 1966 and 1985 vehicles, updates the division
name, removes a subsection duplicated elsewhere in the rule and eliminates
unnecessary restrictive language.
(1) This rule applies to every motor vehicle
which is designed primarily for highway use and which is used to transport
employees, whether or not used on a public highway, including motor vehicles
regularly assigned to a gang or crew with headquarters or assembly point within
Missouri and including motor vehicles headquartered elsewhere but frequently
used in Missouri. This rule does not apply to taxicabs or other vehicles
licensed by a competent authority to transport the public and used by a
railroad to transport its employees. All owners of the motor vehicles, and
their duly appointed agents, and the drivers of the vehicles shall abide by all
safety orders issued to them by the division. It is recognized that this rule
cannot cover all contingencies, thus the division in a particular case, after
notice, may modify or grant exceptions to any of its provisions where their
effect is unduly burdensome, or may prescribe higher standards than these
prescribed where the higher standards are necessary for the safety of
employees. In time of emergency, vehicles not complying with this rule may be
used. An emergency exists when rail traffic has been stopped or disrupted (or
where there is a threat of stoppage or disruption) because of derailment,
accident, storm, fire, flood, or other similar condition. Winter weather
requiring the removal of snow and ice from flange ways and switches or station
platforms is not considered an emergency.
(2) The following words and phrases as used
in this rule mean:
(A) Division-the Multimodal
Operations Division within the Department of Transportation;
(B) Employee-an individual employed for any
period in any work for which s/he is compensated, whether full- or part-time,
whose regular course of employment is related to the maintenance or
construction of the railroad physical property or to the operation of
trains;
(C) Employer-a common
carrier by rail who employs one (1) or more employees;
(D) Heating facilities-hot water radiator
type system or any other generally acceptable form of heating which does not
emit nauseous fumes or gases in the vehicle;
(E) Material-all items that can be lawfully
transported by motor vehicles and used in construction and
maintenance;
(F) Motor vehicle-any
vehicle which is self-propelled and designed primarily for highway use, and
which may be equipped with retractable flange wheels for operation on railroad
tracks;
(G) Owner-any person
holding legal title to, or having lawful use of the motor vehicle through
contract, lease or otherwise;
(H)
Place of employment-all locations where one (1) or more employees are
performing the work incident to their employment;
(I) Rear compartment-a crew cab, which may be
a continuation of the driver's cab providing additional seating capacity or an
auxiliary cab located directly behind the driver's cab. Canvas-covered truck
beds or shelters built of wood, plywood, or light-gauge metal on the bed of a
truck are not considered a rear compartment;
(J) Seating facilities-seats provided for
workers other than the driver; and
(K) Tools-hand and power tools or machines
recognized as the type to be used by the craft to which the motor vehicle is
assigned.
(3) Vehicle
rear compartments for the transportation of employees may be either a
continuation cab or an auxiliary cab.
(A) A
continuation cab-
1. Is designed and furnished
by the motor vehicle manufacturer as a continuation of the driver's cab and of
equal strength, all welded construction with box section beams throughout;
and
2. Does not require a
communication system between the rear compartment and driver.
(B) An auxiliary cab-
1. Is a rear compartment separated from the
driver's cab, of metal construction (including top), welded or riveted, with
interior lining, equipped with adequate padded seats and back rests firmly
secured in place;
2. Is fastened
directly to the frame of the motor vehicle and not to the surface of the bed of
the vehicle;
3. Is equipped with
steps and hand holds when necessary; and
4. Is equipped with a communication system
between the auxiliary cab and the driver including, but not limited to: a light
mounted on the instrument panel, an audible device operated by the employees
riding in the rear compartment, or an intercommunication system for actual
voice contact. Communication systems are to be kept in good working condition
at all times; and
(C)
Both continuation and auxiliary cabs are to be equipped with-
1. A heating system for cold weather and a
ventilation system for hot weather, providing heat and ventilation
substantially equal to that provided for the driver;
2. Exhaust systems so designed as to prevent
exhaust fumes from entering the rear compartment;
3. Heavy duty hinge-type doors equipped with
automotive-type safety latches;
4.
Windows with safety glass per Chapter 307, RSMo;
5. At least one (1) window of the knockout
type and of sufficient size to provide emergency exits for the employees in
those compartments equipped with only one (1) door; and
6. Adequate seating capacity for the number
of employees carried.
(4) All vehicles subject to this rule are to
be-
(A) Kept in good repair and safe operating
condition at all times and unsafe vehicles not used to transport employees;
and
(B) Regularly inspected and
tested and compartments for employees kept in a clean and sanitary
condition.
(5) The
following safety measures apply to vehicles used to transport employees:
(A) The compartments used for transporting
employees are separate from space used to transport tools, material, and
equipment for the employees;
(B) An
adequate first-aid kit suitable for the number of employees transported is
equipped and accessible;
(C) Either
a two- (2-) pound dry chemical-type or a four- (4-) pound carbon dioxide-type
fire extinguisher approved by the Underwriters' Laboratories, Inc. (UL) is
furnished and accessible;
(D) Flatbed trucks
used in the transportation of employees are equipped with a suitable front-end
gate to prevent materials from shifting against the cab or rear
compartment;
(E) Only authorized, experienced, competent,
qualified, and licensed drivers per Chapter 302, RSMo, not less than eighteen
(18) years of age, are permitted to operate the vehicles;
(F)
The signals used on a communication system are understood by both driver and
employees in a vehicle where the driver's compartment is separate from the
compartment used to transport employees;
(G) Not loaded and operated, either: in excess of its
safe carrying capacity or its licensed capacity for use on public streets or
highways; or if the load is so distributed or so inadequately secured as to
prevent safe operation;
(H) Not driven when
anything in, on or attached to the vehicle obscures the driver's view ahead or
to either side, interferes with the free movement of the driver's arms or legs,
prevents the driver's free and ready access to the vehicle controls and
emergency equipment, or prevents the free and ready exit of any person from the
vehicle;
(I) Operated in compliance with all motor vehicle laws
of Missouri;
(J) Not used to haul explosives, except flagging
equipment;
(K) Gasoline and other low flash-point liquids are not
hauled except when in UL-approved safety containers carried in a safe, suitable
location outside the passenger compartment that will not block exits from the
vehicle and firmly secured to prevent shifting;
(L) Occupants do not
ride with any part of their bodies extending out over the side of the
vehicle;
(M) Personal equipment which might injure a fellow
employee is removed before entering and while any vehicle is in operation;
and
(N) Any hazardous condition or defect of a motor
vehicle or unsafe practice of the driver or employees riding in vehicles used
to transport employees is reported to the employer or supervisor as soon as
possible by any employee having knowledge of the conditions.
