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
(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
(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
(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