Bill Text: MN HF1094 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Embedded equipment and vehicle recovery standards provided.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-04 - Introduction and first reading, referred to Labor, Workplace and Regulated Industries [HF1094 Detail]
Download: Minnesota-2013-HF1094-Introduced.html
1.2relating to occupational safety; providing standards for recovery of embedded
1.3equipment and vehicles;proposing coding for new law in Minnesota Statutes,
1.4chapter 182.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [182.6771] CITATION; EMBEDDED EQUIPMENT AND VEHICLE
1.7RECOVERY SAFETY.
1.8Sections 182.6771 to 182.6776 may be cited as the "Embedded Equipment and
1.9Vehicle Recovery Safety Act."
1.10 Sec. 2. [182.6772] DEFINITIONS.
1.11 Subdivision 1. General. For the purpose of sections 182.6771 to 182.6776, the
1.12terms defined in this section have the meanings given them.
1.13 Subd. 2. Cable. "Cable" means a rope or steel wire, used for lifting, pulling,
1.14towing, or securing.
1.15 Subd. 3. Clevis or shackle. "Clevis" or "shackle" means a U-shaped device with a
1.16hole in the end of each arm which is secured by a bolt or pin to connect to other recovery
1.17equipment.
1.18 Subd. 4. Chain. "Chain" means a flexible, interconnected series of links, including
1.19but not limited to those made of metal, used to support, restrain, drive, or pull.
1.20 Subd. 5. Competent individual. "Competent individual" means an individual who:
1.21(1) is capable of identifying existing or potential working conditions which are hazardous
1.22to employees; and (2) has the authority to stop work or take prompt corrective actions
1.23to eliminate or control the hazardous working conditions.
2.1 Subd. 6. Domestic type. "Domestic type" means having been produced or
2.2manufactured in, or having specifications meeting the minimum quality standards of
2.3materials or products in, the United States of America.
2.4 Subd. 7. Embedded. "Embedded" means to become deeply or solidly lodged in
2.5mud, soil, or snow.
2.6 Subd. 8. Employee. "Employee" has the meaning given in section 182.651,
2.7subdivision 9.
2.8 Subd. 9. Employer. "Employer" has the meaning given in section 182.651,
2.9subdivision 7.
2.10 Subd. 10. Equipment and vehicles. "Equipment and vehicles" includes, but is
2.11not limited to: tractors, combines, trucks, implements, bulldozers, graders, scrapers,
2.12pay loaders, skid-steer loaders, track or wheel articulating loaders, backhoes, all-terrain
2.13vehicles, automobiles, and tractor-trailer combinations.
2.14 Subd. 11. Ferrule. "Ferrule" means a circular clamp used to hold together and
2.15attach fibers, wires, or posts, generally by crimping, swaging, or otherwise deforming the
2.16ferrule to permanently tighten it onto the parts that it holds.
2.17 Subd. 12. Force. "Force" means the strength or energy exerted or brought to bear,
2.18that causes motion or change.
2.19 Subd. 13. Hazard zone. "Hazard zone" means the zone or area in which a
2.20malfunction of towing equipment is likely to impact and includes the area enclosed by:
2.21(1) a circle drawn around the connection point on the towing vehicle or machinery; and
2.22(2) a circle drawn around the connection point of the towed vehicle or machinery. The
2.23radius of each of the circles in clauses (1) and (2) must be at least equal to the length
2.24of the towing equipment.
2.25 Subd. 14. Kinetic energy. "Kinetic energy" means the energy of a body that
2.26results from its motion.
2.27 Subd. 15. Qualified individual. "Qualified individual" means an individual
2.28in possession of a recognized degree, certificate, or professional standing, or who
2.29has extensive knowledge, training, and experience and has demonstrated successful
2.30problem-solving skills relating to the subject matter, the work, or the project.
2.31 Subd. 16. Recovery operation. "Recovery operation" means using a controlled
2.32force to extricate an embedded vehicle.
2.33 Subd. 17. Rope. "Rope" means a strong cord made by twisting together strands of
2.34hemp, other types of fiber, or wire.
2.35 Subd. 18. Swaging. "Swaging" means a forging process in which the dimensions
2.36of a cable, wire rope, or other material is altered using a die or dies, into which the item
3.1is forced. A mechanical or hydraulic process is used to secure the item securely within
3.2a ferrule.
3.3 Subd. 19. Taut. "Taut" means pulled or stretched tightly.
3.4 Subd. 20. Wire rope. "Wire rope" means a rope made of twisted strands of wire.
3.5 Sec. 3. [182.6773] SCOPE AND APPLICABILITY.
3.6Sections 182.6771 to 182.6776 apply to employers and employees operating in
3.7Minnesota, as outlined in section 182.652, subdivision 1, except agricultural operations
3.8and other business establishments meeting exemptions as defined in the Federal
3.9Appropriations Act as specified to state designees in the federal OSHA Enforcement
3.10and Compliance directive, CPL 02-00-051.
3.11 Sec. 4. [182.6774] OPERATING PROCEDURES; RECOVERY EQUIPMENT
3.12AND SUPPLIES; REQUIREMENTS.
3.13 Subdivision 1. Operating procedures. An employer must ensure that the following
3.14conditions have been satisfied before any employee is allowed to use recovery equipment
3.15or undertake the recovery of embedded equipment or vehicles:
3.16(1) a competent or qualified individual shall survey the circumstances to ensure a
3.17safe operation;
3.18(2) prior to recovery operations, a competent individual shall be made available to
3.19direct the operation;
3.20(3) communication shall be maintained between all employees or other persons
3.21involved. If adequate communication cannot be made by voice or hand signals, an
3.22additional adequate means of communication shall be used;
3.23(4) only the operators of force-pulling equipment shall be allowed in the hazard
3.24zone during recovery operations;
3.25(5) draw bars or other manufacturer-approved connection equipment shall be used
3.26for anchorage points during the recovery operation;
3.27(6) all anchorage points shall be of sufficient strength to withstand the load and the
3.28forces applied by the recovery equipment;
3.29(7) assurances shall be made by the competent individual as to the selection and use
3.30of the proper connection equipment including, but not limited to, chains, ropes, clevises,
3.31and shackles;
3.32(8) recovery equipment shall be taut before applying a force with the use of chains
3.33and wire ropes;
4.1(9) exceptions shall be allowed for fiber ropes and straps if used following
4.2manufacturer specifications in conjunction with safety straps. Running and jerking starts
4.3are prohibited with the use of steel chains and wire ropes; fiber ropes and straps utilizing
4.4kinetic energy properties must be used in accordance with manufacturer specifications;
4.5(10) recovery equipment shall have like or similar capacity ratings and be of sufficient
4.6capacities to handle the load with a safety factor designed for the equipment being used; and
4.7(11) when possible, all materials or obstructions located in, on, or around the wheels,
4.8frames, or other parts of the equipment to be recovered must be removed.
4.9 Subd. 2. General equipment requirements. Recovery tools and equipment,
4.10whether powered or manually operated, shall be used only for their intended purpose.
4.11Tools and equipment shall not be altered, modified, or used for anything other than their
4.12intended purpose without the manufacturer's written approval unless under the direction of
4.13a qualified individual in accordance with accepted engineering requirements to prevent
4.14creating an additional hazard. Ratings shall be clearly visible and implemented on all
4.15recovery equipment in use.
4.16 Subd. 3. Chains, ropes, and connections; requirement. (a) Chain and wire ropes
4.17shall be of the domestic type and shall be no less than a grade of 80. Chains, wire rope,
4.18and connectors shall be rated with a 4:1 safety factor with alloy steel, and a 5:1 safety
4.19factor with carbon steel.
4.20(b) Wire rope or cable connections shall be affixed by: (1) swaging; or (2) clamping
4.21only if there are at least three forged clamps spaced a minimum of six rope diameters apart
4.22and attached with the base or saddle of the clamp against the longer or live end of the cable.
4.23(c) Wire rope clips must meet the standards provided for under Minnesota Rules, part
4.245205.0700, for rope diameter, number of clips, and minimum spacing requirements. Wire
4.25rope clamps must be installed and torqued as provided by manufacturer specifications.
4.26Wire rope-related equipment must conform to the diameter of the wire rope being used.
4.27 Sec. 5. [182.6775] TRAINING.
4.28Training shall be provided by a competent individual on the proper selection, use,
4.29inspection, and maintenance of recovery equipment. Training shall be done prior to initial
4.30recovery tasks and annually thereafter for each employee. Additional training shall take
4.31place when new equipment or new procedures have been implemented. Training shall be
4.32made available by the employer at no cost to the employee.
4.33 Sec. 6. [182.6776] INSPECTIONS.
5.1Periodic inspections shall be performed on recovery equipment by a competent
5.2individual before and after each use. Inspections conducted under this section must
5.3include visual inspections and nondestructive testing that is capable of determining that
5.4erosion, corrosion, stress, fatigue, damage, repairs, or alterations have not compromised
5.5the equipment. Wire rope, chains, fiber ropes, and other recovery equipment shall be
5.6immediately removed from service when defects are identified. Safe usage, proof testing,
5.7retention of manufacturer certificates and labels, proper storage, protection, and all other
5.8criteria that are not specifically addressed by this section are covered by paragraph 5.2 of the
5.9American Society for Testing and Materials, Specification A391.65 (ANSI G61.1-1968).
1.3equipment and vehicles;proposing coding for new law in Minnesota Statutes,
1.4chapter 182.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [182.6771] CITATION; EMBEDDED EQUIPMENT AND VEHICLE
1.7RECOVERY SAFETY.
1.8Sections 182.6771 to 182.6776 may be cited as the "Embedded Equipment and
1.9Vehicle Recovery Safety Act."
1.10 Sec. 2. [182.6772] DEFINITIONS.
1.11 Subdivision 1. General. For the purpose of sections 182.6771 to 182.6776, the
1.12terms defined in this section have the meanings given them.
1.13 Subd. 2. Cable. "Cable" means a rope or steel wire, used for lifting, pulling,
1.14towing, or securing.
1.15 Subd. 3. Clevis or shackle. "Clevis" or "shackle" means a U-shaped device with a
1.16hole in the end of each arm which is secured by a bolt or pin to connect to other recovery
1.17equipment.
1.18 Subd. 4. Chain. "Chain" means a flexible, interconnected series of links, including
1.19but not limited to those made of metal, used to support, restrain, drive, or pull.
1.20 Subd. 5. Competent individual. "Competent individual" means an individual who:
1.21(1) is capable of identifying existing or potential working conditions which are hazardous
1.22to employees; and (2) has the authority to stop work or take prompt corrective actions
1.23to eliminate or control the hazardous working conditions.
2.1 Subd. 6. Domestic type. "Domestic type" means having been produced or
2.2manufactured in, or having specifications meeting the minimum quality standards of
2.3materials or products in, the United States of America.
2.4 Subd. 7. Embedded. "Embedded" means to become deeply or solidly lodged in
2.5mud, soil, or snow.
2.6 Subd. 8. Employee. "Employee" has the meaning given in section 182.651,
2.7subdivision 9.
2.8 Subd. 9. Employer. "Employer" has the meaning given in section 182.651,
2.9subdivision 7.
2.10 Subd. 10. Equipment and vehicles. "Equipment and vehicles" includes, but is
2.11not limited to: tractors, combines, trucks, implements, bulldozers, graders, scrapers,
2.12pay loaders, skid-steer loaders, track or wheel articulating loaders, backhoes, all-terrain
2.13vehicles, automobiles, and tractor-trailer combinations.
2.14 Subd. 11. Ferrule. "Ferrule" means a circular clamp used to hold together and
2.15attach fibers, wires, or posts, generally by crimping, swaging, or otherwise deforming the
2.16ferrule to permanently tighten it onto the parts that it holds.
2.17 Subd. 12. Force. "Force" means the strength or energy exerted or brought to bear,
2.18that causes motion or change.
2.19 Subd. 13. Hazard zone. "Hazard zone" means the zone or area in which a
2.20malfunction of towing equipment is likely to impact and includes the area enclosed by:
2.21(1) a circle drawn around the connection point on the towing vehicle or machinery; and
2.22(2) a circle drawn around the connection point of the towed vehicle or machinery. The
2.23radius of each of the circles in clauses (1) and (2) must be at least equal to the length
2.24of the towing equipment.
2.25 Subd. 14. Kinetic energy. "Kinetic energy" means the energy of a body that
2.26results from its motion.
2.27 Subd. 15. Qualified individual. "Qualified individual" means an individual
2.28in possession of a recognized degree, certificate, or professional standing, or who
2.29has extensive knowledge, training, and experience and has demonstrated successful
2.30problem-solving skills relating to the subject matter, the work, or the project.
2.31 Subd. 16. Recovery operation. "Recovery operation" means using a controlled
2.32force to extricate an embedded vehicle.
2.33 Subd. 17. Rope. "Rope" means a strong cord made by twisting together strands of
2.34hemp, other types of fiber, or wire.
2.35 Subd. 18. Swaging. "Swaging" means a forging process in which the dimensions
2.36of a cable, wire rope, or other material is altered using a die or dies, into which the item
3.1is forced. A mechanical or hydraulic process is used to secure the item securely within
3.2a ferrule.
3.3 Subd. 19. Taut. "Taut" means pulled or stretched tightly.
3.4 Subd. 20. Wire rope. "Wire rope" means a rope made of twisted strands of wire.
3.5 Sec. 3. [182.6773] SCOPE AND APPLICABILITY.
3.6Sections 182.6771 to 182.6776 apply to employers and employees operating in
3.7Minnesota, as outlined in section 182.652, subdivision 1, except agricultural operations
3.8and other business establishments meeting exemptions as defined in the Federal
3.9Appropriations Act as specified to state designees in the federal OSHA Enforcement
3.10and Compliance directive, CPL 02-00-051.
3.11 Sec. 4. [182.6774] OPERATING PROCEDURES; RECOVERY EQUIPMENT
3.12AND SUPPLIES; REQUIREMENTS.
3.13 Subdivision 1. Operating procedures. An employer must ensure that the following
3.14conditions have been satisfied before any employee is allowed to use recovery equipment
3.15or undertake the recovery of embedded equipment or vehicles:
3.16(1) a competent or qualified individual shall survey the circumstances to ensure a
3.17safe operation;
3.18(2) prior to recovery operations, a competent individual shall be made available to
3.19direct the operation;
3.20(3) communication shall be maintained between all employees or other persons
3.21involved. If adequate communication cannot be made by voice or hand signals, an
3.22additional adequate means of communication shall be used;
3.23(4) only the operators of force-pulling equipment shall be allowed in the hazard
3.24zone during recovery operations;
3.25(5) draw bars or other manufacturer-approved connection equipment shall be used
3.26for anchorage points during the recovery operation;
3.27(6) all anchorage points shall be of sufficient strength to withstand the load and the
3.28forces applied by the recovery equipment;
3.29(7) assurances shall be made by the competent individual as to the selection and use
3.30of the proper connection equipment including, but not limited to, chains, ropes, clevises,
3.31and shackles;
3.32(8) recovery equipment shall be taut before applying a force with the use of chains
3.33and wire ropes;
4.1(9) exceptions shall be allowed for fiber ropes and straps if used following
4.2manufacturer specifications in conjunction with safety straps. Running and jerking starts
4.3are prohibited with the use of steel chains and wire ropes; fiber ropes and straps utilizing
4.4kinetic energy properties must be used in accordance with manufacturer specifications;
4.5(10) recovery equipment shall have like or similar capacity ratings and be of sufficient
4.6capacities to handle the load with a safety factor designed for the equipment being used; and
4.7(11) when possible, all materials or obstructions located in, on, or around the wheels,
4.8frames, or other parts of the equipment to be recovered must be removed.
4.9 Subd. 2. General equipment requirements. Recovery tools and equipment,
4.10whether powered or manually operated, shall be used only for their intended purpose.
4.11Tools and equipment shall not be altered, modified, or used for anything other than their
4.12intended purpose without the manufacturer's written approval unless under the direction of
4.13a qualified individual in accordance with accepted engineering requirements to prevent
4.14creating an additional hazard. Ratings shall be clearly visible and implemented on all
4.15recovery equipment in use.
4.16 Subd. 3. Chains, ropes, and connections; requirement. (a) Chain and wire ropes
4.17shall be of the domestic type and shall be no less than a grade of 80. Chains, wire rope,
4.18and connectors shall be rated with a 4:1 safety factor with alloy steel, and a 5:1 safety
4.19factor with carbon steel.
4.20(b) Wire rope or cable connections shall be affixed by: (1) swaging; or (2) clamping
4.21only if there are at least three forged clamps spaced a minimum of six rope diameters apart
4.22and attached with the base or saddle of the clamp against the longer or live end of the cable.
4.23(c) Wire rope clips must meet the standards provided for under Minnesota Rules, part
4.245205.0700, for rope diameter, number of clips, and minimum spacing requirements. Wire
4.25rope clamps must be installed and torqued as provided by manufacturer specifications.
4.26Wire rope-related equipment must conform to the diameter of the wire rope being used.
4.27 Sec. 5. [182.6775] TRAINING.
4.28Training shall be provided by a competent individual on the proper selection, use,
4.29inspection, and maintenance of recovery equipment. Training shall be done prior to initial
4.30recovery tasks and annually thereafter for each employee. Additional training shall take
4.31place when new equipment or new procedures have been implemented. Training shall be
4.32made available by the employer at no cost to the employee.
4.33 Sec. 6. [182.6776] INSPECTIONS.
5.1Periodic inspections shall be performed on recovery equipment by a competent
5.2individual before and after each use. Inspections conducted under this section must
5.3include visual inspections and nondestructive testing that is capable of determining that
5.4erosion, corrosion, stress, fatigue, damage, repairs, or alterations have not compromised
5.5the equipment. Wire rope, chains, fiber ropes, and other recovery equipment shall be
5.6immediately removed from service when defects are identified. Safe usage, proof testing,
5.7retention of manufacturer certificates and labels, proper storage, protection, and all other
5.8criteria that are not specifically addressed by this section are covered by paragraph 5.2 of the
5.9American Society for Testing and Materials, Specification A391.65 (ANSI G61.1-1968).
