Date of Adoption: May 26, 2000.

Purpose: WAC 296-155-305 Signaling, flaggers.

Topic: Chapter 239, Laws of 2000 (ESHB 2647) mandates that the department adopt emergency rules to improve flagger safety. Specifically, the emergency rules shall "be designed to improve options available to ensure the safety of flaggers, and ensure that flaggers have adequate visual warning of objects approaching from behind them."

Citation of Existing Rules Affected by this Order: Amending WAC 296-155-305 Signaling, flaggers.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050.

Other Authority: RCW 34.05.328, [34.05.]350, 19.85.025.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Chapter 239, Laws of 2000 (ESHB 2647) mandates that the director of the Department of Labor and Industries "shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Immediately.

May 26, 2000

Gary Moore

Director

OTS-4020.4

AMENDATORY SECTION(Amending Order 93-04, filed 9/22/93, effective 11/1/93)

WAC 296-155-305
Signaling.

Flaggers.

(1) Except as otherwise required in these rules, traffic control devices, signs and barricades must be set up and used according to the guidelines in American National Standards Institute D6.1-1988, Manual on Uniform Traffic Control Devices (MUTCD), Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations.

NOTE: Copies of the MUTCD may be obtained by writing:

US Government Printing Office

Superintendent of Documents

Mail Stop: SSOP,

Washington DC 20402-9328

(2) When operations are such that signs, signals, and barricades do not provide the necessary protection on or adjacent to a highway or street, flaggers or other appropriate traffic controls shall be provided. Flaggers are to be used only when other reasonable means of control will not adequately control traffic in the work zone.

(((2))) (3) Signaling directions used by flaggers ((shall)) must conform to American National Standards Institute D6.1-1988, Manual on Uniform Traffic Control Devices ((for Streets and Highways)) (MUTCD), Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations, as amended by the Washington state department of transportation.      (M24-01 (HT).)

(((3))) (4) Hand signaling by flaggers shall be by use of sign paddles at least 18 inches in diameter with series "C" letters at least 6 inches high or lights approved by the transportation commission.      When hand signaling is done in periods of darkness, the sign paddles must be reflectorized or illuminated as required by ANSI D6.1-1988, Manual on Uniform Traffic Control Devices.      The "STOP" side of the paddle shall have a red background with white lettering.      When a paddle has a "SLOW" side, the background shall be orange and the lettering black.      Colors shall conform to ANSI D6.1 ((current edition)) -1988.

(((4) Flaggers shall wear an orange warning garment and a yellow protective helmet while flagging.      Warning garments worn at night shall be of reflectorized material.      Yellow is specified as the color of helmets; the issue is clearly one of high visibility.      Other colors providing equal visibility than the specified yellow will be acceptable.      The iridescent or reflectorized hard hats, available in several colors, which provide "high visibility" in both day and night applications, will meet standard specifications.))

(5)(a) While flagging during daylight hours, a flagger must wear:

• A high visibility warning garment designed according to ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel specifications; and

• A high visibility hard hat.

(b) While flagging at night, a flagger must wear:

• A high visibility warning garment designed according to ANSI/ISEA 107-1999 specifications over white coveralls or other coveralls or trousers designed according to ANSI/ISEA 107-1999; and

• A high visibility hard hat that is iridescent or marked with reflectorized material.

(c) During inclement weather, yellow rain gear may be substituted for white coveralls.

NOTE: Copies of ANSI/ISEA 107-1999 may be obtained by writing:

American National Standards Institute

11 West 42nd Street

New York, NY 10036

(6) Each flagger shall be trained every three years in accordance with the American National Standards Institute (ANSI) D6.1-1988 Manual on Uniform Traffic Control Devices as amended by the Washington state department of transportation (M 24-01 (HT)).

Note:

Personnel that have not completed a flagging course may be assigned duties as flaggers only during emergencies when a sudden, generally unexpected, set of circumstances demands immediate attention.

(((6) Each flagger shall have in their possession a valid certificate which verifies completion of the training prescribed in subsection (5) of this section.      Each certificate shall contain the date the card expires.)) (7) Each flagger shall have in their possession either a valid Washington traffic control flagger card or a valid flagger card from a state having flagger training reciprocity with Washington. The card must verify completion of the training prescribed in subsection (6) of this section and contain the date the card expires.

(8) The employer, responsible contractor and/or project owner must develop and use a method to ensure that flaggers have adequate warning of objects approaching from behind the flagger. The following are some examples of methods that may be used to adequately warn flaggers:

• A mirror mounted on the flagger's hard hat.

• Use a motion detector with an audible warning.

• Use a spotter.

(9) The employer, responsible contractor and/or project owner must conduct an orientation that familiarizes the flagger with the job site each time the flagger is assigned to a new project or when job site conditions change significantly. The orientation must include, but is not limited to:

• The flagger's role and location on the job site;

• Motor vehicles and equipment in operation at the site;

• Job site traffic patterns;

• Communications and signals to be used between flaggers and equipment operators;

• On foot escape route; and

• Other hazards specific to the job site.

(10)(a) On roads allowing speeds of at least 45 mph, where flaggers are used, the employer or responsible contractor must provide an additional warning sign marked "be prepared to stop" or "flagger ahead."

(b) This sign is in addition to those required under ANSI D6.1-1988, Manual on Uniform Traffic Control and should be placed between the last two warning signs in the series or on the opposite side of the road on undivided roads.

(c) This additional sign does not increase the required advance warning area. Its purpose is to clearly point out that a flagger will be encountered and the driver should be prepared to stop.

(11) Employers, responsible contractors and/or project owners must ensure that:

• Flagger workstations are illuminated at night.

• Warning signs reflect the actual condition of the work zone.

• Flaggers are not assigned other duties while engaged in flagging activities.

• Flaggers do not use devices (e.g., cell phones, pagers, radio headphone, etc.) that may distract the vision, hearing, or attention of the flagger. Devices such as two-way radios used for communications between flaggers to direct traffic or ensure flagger safety are acceptable.

[Statutory Authority: Chapter 49.17 RCW.      93-19-142 (Order 93-04), § 296-155-305, filed 9/22/93, effective 11/1/93; 93-01-067 (Order 92-15), § 296-155-305, filed 12/11/92, effective 1/15/93; 89-11-035 (Order 89-03), § 296-155-305, filed 5/15/89, effective 6/30/89.      Statutory Authority: RCW 49.17.040 and 49.17.050.      86-03-074 (Order 86-14), § 296-155-305, filed 1/21/86; Order 76-6, § 296-155-305, filed 3/1/76; Order 74-26, § 296-155-305, filed 5/7/74, effective 6/6/74.]

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