803 KAR 2:018. Refuse collection and

compaction equipment standards.

 

      RELATES TO: KRS Chapter 338

      STATUTORY AUTHORITY: KRS Chapter 13A

      NECESSITY, FUNCTION, AND CONFORMITY:

Pursuant to the authority granted the Kentucky Occupational Safety and Health

Standards Board by KRS 338.051 and 338.061, the following administrative

regulation is adopted. The function of this administrative regulation is to set

forth minimum safety requirements for employees with respect to the use and

operation of refuse collection and compaction equipment. Necessary for

effective enforcement of the purposes and policies of the Occupational Safety

and Health Act which is to insure so far as is possible, safe and healthful

working conditions of Kentucky workers (KRS 338.011).

 

      Section 1. The Occupational Safety and

Health Standards Board hereby adopts the safety and health standards as printed

in the American National Standards Institute (ANSI) Z 245.1-1975, safety requirements

for refuse collection and compaction equipment. The employer shall comply with

the requirements as specified in this administrative regulation. These

standards are hereby adopted by reference with the following additions,

exceptions and deletions.

      (1) Certain definitions as found in ANSI

Z 245.1-1975, Section 2. "General Definitions" shall be revised as

follows:

      (a) "Employee" means any person

employed except those employees excluded in KRS 338.021.

      (b) "Employer" means any entity

for whom a person is employed except those employers excluded in KRS 338.021.

      (c) "Hazardous" means any

practice or condition in a place of employment which may be deemed detrimental

to the safety and health of employees.

      (d) "Person" means any

individual, public or private corporation, political subdivision,

copartnership, association, firm, estate, or other entity whatsoever, but not

to include an individual employed as "maintenance personnel" or

"operators" as defined in ANSI Z 245.1-1975.

 

      Section 2. Purpose and Application. (1)

The purpose of this administrative regulation is to provide in accordance with

KRS 338.011, minimum safety and health standards for the protection of employee

with respect to the use and operation of refuse collection and compaction

equipment.

      (2) This adopted standard will provide

specific guidelines to employers which will assist them in the purchase of new,

used or modified equipment.

      (3) This administrative regulation will

advise employers in the necessary safety requirements with respect to

manufacturing specifications, installation, modification, maintenance and

operation of refuse collection and compaction equipment.

      (4) This administrative regulation shall

not preempt nor preclude any specific safety or health applicable standard in

effect.

      (5) Unless otherwise provided, this

adopted standard is intended primarily to apply to new or modified, stationary

or mobile, refuse collection and compaction equipment. All modifications to

existing equipment shall be made in accordance with this administrative regulation.

      (6) Where safety standards have been

adopted by any public agency or private concern, this administrative regulation

does not modify any provision of such standard unless this administrative regulation

imposes greater restrictions, in which case the provisions of this

administrative regulation shall prevail.

 

      Section 3. Reference. A copy of the

American National Standards Institute (ANSI) Z 245.1-1975, incorporated by

reference, may be obtained for a fee from the American National Standards

Institute, Incorporated, 1430 Broadway, New York, New York 10018 or available

for review at the Department of Workplace Standards, Labor Cabinet, Frankfort,

Kentucky 40601 or at a public library in Kentucky.

 

      Section 4. Effective Date. (1) The

provisions contained within ANSI Z 245.1-1975 as adopted by this administrative

regulation relating to all new mobile compaction equipment and all new

stationary compaction equipment are effective January 1, 1980.

      (2) The provisions as discussed in ANSI Z

245.1-1975 as adopted by this administrative regulation, found in Paragraphs

5.1.3; 5.2; 6.1.(1), (3), (4), (5) and (7); and 6.2 relating to existing mobile

equipment as well as Paragraphs 5.1.3; 5.2; 5.5; 6.1.2(1), (2), (3), (5) and

(8) and 6.2 relating to existing stationary equipment shall be effective

January 1, 1980. All other paragraphs within this ANSI Z 245.1-1975 do not

apply to existing equipment. (5 Ky.R. 288; eff. 11-1-78; TAm eff. 8-9-2007; TAm

eff. 9-8-2011.)