Mo. Code Regs. tit. 7 § 265-8.040

Current through Register Vol. 49, No. 23, December 2, 2024

Section 7 CSR 265-8.040 - Transportation of Employees

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.

7 CSR 265-8.040

Renumbered from 4 CSR 265-8.040 by Missouri Register September 17, 2018/Volume 43, Number 18, effective 10/31/2018