OAR 437-004-3410
Agricultural, Commercial and Industrial Vehicles

(1)

Scope. This applies to all motor vehicles used by employees.

(2)

Definitions.

(a)

Agricultural vehicle — A vehicle specifically designed or modified for use exclusively in agricultural operations, and not licensed for use on public roads under Oregon laws.

NOTE: Included in this definition is farm field equipment such as tractors, harvesters, planters or any combination thereof; unlicensed trucks and wagons or trailers such as feeder trucks or wagons and specialized crop handling vehicles; and mobile elevating and rotating work platforms such as orchard aerial lift devices.

(b)

Commercial-type vehicles — Motor vehicles primarily for the transportation of persons or material on roads. Commercial type vehicles used to transport workers are:

(A)

Class ‘A’ vehicle — A bus type vehicle or van that can carry 12 or more workers; or the “work crew” vehicle built or altered for carrying passengers.

(B)

Class ‘B’ vehicle — A vehicle or van especially built for transporting work crews in compartments separate from the space used to transport supplies, tools and equipment.

(C)

Class ‘C’ vehicle — A flatbed, pickup body or dump truck type vehicle, or vehicle of similar open body construction.

(D)

Class ‘D’ vehicle — A passenger car or station wagon type.

NOTE: Typically a bus type vehicle has two axles and six tires or three or more axles. This does not include vans.

(c)

Industrial-type vehicles — Vehicles designed for non-highway use, primarily for pulling trailers or other mobile loads, straddle trucks such as lumber carriers, power industrial trucks, and other types of vehicles especially designed for handling materials.

NOTE: When this rule uses “vehicle” by itself, it includes all the above definitions.

(3)

General requirements.

(a)

Operation of vehicles.

(A)

Nobody may operate any unsafe vehicle. Fix unsafe conditions before using it.

(B)

Only trained and authorized employees may operate any vehicle.

(C)

Only the operator may ride on vehicles unless there are safe riding facilities for additional riders. Persons are never to ride on fenders, axles, hitches, tongues, buckets, forks, drawbars or any other area not intended to carry passengers.

(D)

Do not drive a vehicle up to anyone who is in front of a stationary object.

(E)

The operator must look in the direction of travel, and have a clear view of the path of travel, unless guided by a signal person with a clear view of the route.

(F)

Except when using a towbar, keep manual control over vehicles under tow.

(G)

Do not stand or walk under an elevated part of a vehicle whether loaded or empty unless it is blocked or cribbed according to OAR 437-004-3410 (Agricultural, Commercial and Industrial Vehicles)(5)(d).

(H)

Workers may not be under loads or units of materials during movement.

(I)

Do not overload any vehicle. Keep loads stable and well balanced.

(J)

Employees must not ride in a loaded or partially loaded cargo space while the vehicle is moving unless the load is adequately shored, braced, or otherwise secured.

(K)

Do not drive a vehicle with an unstable or insecure load.

(L)

Block the wheels and set the brakes when loading Agricultural Vehicles, Class C, Commercial –Type Vehicles and Industrial-Type Vehicles who’s movement might cause a hazard. This does not apply when loading “on the go.”

(M)

The parking brake must be set on parked commercial and industrial vehicles. Block or turn to a curb the wheels of vehicles parked on an incline.

(N)

Do not put arms or legs between working parts or outside the running lines of vehicles.

(O)

Vehicles must have a safe way of access and exit.

(P)

Do not jump on or off moving vehicles.

(Q)

There must be no stunt driving or horseplay.

NOTE: Appendix A is a reprint of Oregon Revised Statutes that govern the use of some agricultural vehicles and equipment on public highways and roads. While Oregon OSHA has the legal authority to cite these sections, law enforcement officers are the usual source of enforcement. We offer these laws here as a courtesy to Oregon agricultural employers and in the interest of employee safety.

(b)

Hauling of explosives. Only a driver and one other person may ride in a vehicle hauling explosives.

(c)

Operating near power lines. For requirements when operating vehicles around high voltage power lines, see Subdivision 4/S.

(d)

Parking. When the operator of a commercial or industrial vehicle is not at the controls, the brakes must be set or the wheels blocked to prevent movement. Also, fully lower or block elevated attachments or components against descent. Unattended vehicles must be shut off. If parked on a slope, the wheels of commercial and industrial vehicles must be blocked or chocked.

(e)

When towing, there must be a pin or other positive method of keeping the hitch pin in the hitch.

NOTE: Unattended is when the operator cannot see the vehicle or when they are more than 25 feet from it.

(4)

Vehicle components.

(a)

General.

(A)

The engine shut-off device must be within reach of the operator when in their normal operating position.

(B)

There must be steps, ladders, handholds, or grab bars on vehicles for safe access. Steps must have slip-resistant surfaces.

(C)

The operator’s station and work platforms on all agricultural vehicles must have guardrails or other fall protection when any of the following conditions exist:

(i)

The operator is standing or not protected from falling by the framework, body, or design of the equipment; or

(ii)

The floor of the operator’s station is more than 22 inches above the adjacent floor level; or

(iii)

The operator’s station, regardless of height, is located so that a worker could fall into the path of equipment or into moving parts.

NOTE: For guardrails or similar barricades, the toprail must be 36 inches to 44 inches above the deck; the railing must have a midrail except when it would impair the operator’s view to crop gathering or other functions.

(D)

All vehicles loaded by cranes, power shovels, loaders or similar equipment must have a cab shield or canopy adequate to protect the operator from shifting or falling materials.

(E)

The backs of vehicle cabs exposed to shifting loads must have a substantial bulkhead or similar device.

(F)

Loads must not prevent doors of vehicle cabs from opening.

(G)

When transporting workers and materials simultaneously, there must be a barrier to protect the workers and driver from the hazards of the materials. Otherwise, anchor or restrain the load.

(H)

Class “A” and “B” commercial vehicles and industrial vehicles must have seats and back rests firmly secured in place, and such sides and ends as necessary to prevent riders from falling off the vehicle.

(I)

The operator’s platform must have a slip-resistant floor.

(J)

Operating levers controlling hoisting or dumping devices on haulage bodies must have a latch or other device that prevents accidental starting or tripping of the mechanism.

(K)

Trip handles for tailgates of dump trucks must work without endangering the operator.

(L)

Surfaces of foot pedals must be slip resistant or have slip resistant coverings.

(b)

Passenger compartments.

(A)

Floors and decks must have safe footing.

(B)

Floors and interior of sides and ends and tops of compartments used for transporting workers must be free of protruding objects that might cause injury.

(c)

Windshields — windows.

(A)

Windshields and windows must be safety glass that meets the requirements for safety glazing material for use anywhere in a motor vehicle as defined in the American National Standard, Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways, Z26.1-1990, or a material that will furnish equivalent safety.

(B)

Replace defective or broken glass that impairs the vision of the operator. Remove and replace broken or shattered glass that could cause injury to occupants.

NOTE: There is no requirement to change non-safety glass installed as “original equipment” in agricultural vehicles acquired before March 31, 1975 if it is unbroken. However, when it is replaced, the replacement glass must be approved safety glass.

(d)

Brakes.

(A)

All commercial and industrial vehicles must have brakes that can control them while fully loaded on any grade over which they might run.

(B)

Parking brakes must be able to hold the loaded vehicle on any grade on which it may park, on any surface free of ice or snow.

(C)

Brakes must be in safe working condition.

(e)

Steering. Use steering or spinner knobs only if the steering mechanism is a type that prevents road reactions from causing the steering wheel to spin. The steering knob must be within the periphery of the wheel.

(f)

Lights. Vehicles operated at night must have sufficient light at the operator’s station.

(5)

Inspection, testing, maintenance, and repair.

(a)

Check vehicles as often as needed to assure that they are in safe operating condition and free of damage that could cause failure while in use.

(b)

Before using it, fix defects that affect the safe operation of the vehicle.

(c)

Do not continue to use a vehicle that becomes unsafe during use.

(d)

Block or crib heavy machinery, equipment, elevated parts or parts supported by slings, hoists, jacks, or other devices, to prevent falling or shifting before employees work under or between them.

(A)

Fully lower or block bulldozer and scraper blades, end-loader, end-loader buckets, dump bodies, and similar equipment when working on them or when they are not in use.

(B)

All controls must be in neutral with motors off and brakes set, unless the work requires otherwise.

(e)

Vehicles with dump bodies or other elevating parts must have positive means of support, permanently attached, and capable of being locked in position to prevent accidental lowering of the body. This device must support a raised body during maintenance or inspection work.

(f)

Disconnect the battery when repairing a vehicle electrical system if accidental closing of the circuit could cause injury.

(6)

Transportation of workers.

(a)

Do not transport workers in flatbed trucks, dump trucks and pickups unless:

NOTE: This does not apply to field work or loading or unloading moving vehicles.

(A)

Tilting, sliding or otherwise movable decks or bodies are secured to prevent accidental movement. Secure dump truck bodies or lock the hoist lever.

(B)

Flatbed vehicles without seats must have sides and end gates at least 24 inches high. Workers must sit on the floor.

(b)

Close pickup and dump truck tailgates and make workers sit on the floor unless there are seats secured in place and sides at least 42 inches high. A chain or rope must be across the rear of such vehicles with seats.

(c)

When workers sit on low boxes or similar equipment, there must be side rails that increase the height of pickup and dump truck bodies to at least 36 inches. Omit the side rails when there is heavy canvas secured as a top and sides.

(d)

In Class “A” and “B” commercial vehicles with seats workers must not sit on the floor in the aisles while the vehicle is moving. Not more than one worker per row of seats may stand. No workers may stand or sit in the driver’s area ahead of the front row of seats. Never place boards across an aisle to provide additional seating space. Do not put seats in an aisle. Standing workers must use handholds.

(e)

When transporting workers in any vehicle, nobody may stand for more than 1-hour or for more than 45 miles of travel, whichever is less. After that, they must get a rest period of at least 15 minutes or be given a seat.

(7)

Fueling.

(a)

When fueling vehicles there may be no smoking within 35 feet.

(b)

Stop vehicle engines, except diesels, while fueling.

(c)

Do not fuel vehicles within 35 feet of any open fires, flame or other sources of ignition.

(d)

Refilling of vehicle tanks that use liquefied petroleum gases must be done outside. Do not overfill the tanks.

(8)

Hauling of gasoline and other flammables.

(a)

Do not transport gasoline and other flammable liquids on commercial vehicles carrying workers except:

(A)

In closed containers of not more than 5 gallons capacity, and

(B)

The containers must be accepted, labeled or listed. (As per definitions in OAR 437-004-0100 (Universal Definitions) Universal Definitions), and

(C)

Do not carry containers inside the passenger compartment, and

(D)

Secure the containers to prevent shifting and put them in well-ventilated compartments or racks.

(b)

You can haul gasoline in containers of more than 5 gallons in Class “C” commercial vehicles if all workers ride in the cab of the vehicle or in a separate compartment.

(9)

Warning devices.

(a)

All commercial and industrial vehicles must have an audible warning (horn) device that can be clearly heard above the surrounding noise near the vehicle.

(b)

Vehicles with obstructed view to the rear must have a backup alarm audible above the surrounding noise level, unless:

(A)

The vehicle backs up only when an observer signals that doing so is safe; or

(B)

The vehicle operator first verifies that no person is in the path of the reverse travel, or can enter it unobserved.

(c)

When towing mobile farm equipment, if the driver cannot see the workers in or on the towed unit, there must be a way to communicate with them. Otherwise, there must be a way for the riders in the towed unit to stop it in case of an emergency.

(10)

Control of exhaust gases.

(a)

Exhaust pipes must direct the exhaust gases away from the operator and passengers.

(b)

Insulate or isolate exhaust pipes exposed to contact.

(11)

Safety equipment — vehicles operated on public roads.

(a)

There must be a first aid kit on Class A and B commercial type vehicles that transport workers. First aid kits must be clean, stocked and readily available to the driver or crew.

(b)

There must be a B/C fire extinguisher on Class A and B commercial type vehicles that transport workers.

(c)

Vehicles designed to run less than 25 mph must display a “slow moving vehicle” emblem as in 4/J, OAR 437-004-1180 (Accident Prevention Signs), Accident Prevention Signs, Symbols, Tags of the Oregon Occupational Safety and Health Code and in ORS 483.457, “Slow Moving Vehicle Emblem.”

[Publications: Publications referenced are available from the agency.]

Source: Rule 437-004-3410 — Agricultural, Commercial and Industrial Vehicles, https://secure.sos.state.or.us/oard/view.action?ruleNumber=437-004-3410.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 437-004-3410 Agricultural, Commercial and Industrial Vehicles

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OAR 437-004-3410
Agricultural, Commercial and Industrial Vehicles