WASHINGTON STATE REGISTER

WSR 01-04-015

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 26, 2001, 2:31 p.m. , effective February 28, 2001 ]

Date of Adoption: January 26, 2001.

Purpose: Chapter 296-155 WAC, Safety standards for construction work.

аааа State-initiated amendments are adopted to comply with the requirements of chapter 239, Laws of 2000 (ESHB 2647), which directed the department to "adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards governing flaggers." According to the statute, the permanent rules must be designed to:

Х "Improve options available to ensure the safety of flaggers"; and

Х "Ensure that flaggers have adequate visual warning of objects approaching from behind them."

аааа Listed below are the specific amendments adopted by the department to satisfy the requirements of chapter 239, Laws of 2000. All adopted amendments have been written to comply with the clarity criteria of Executive Order 97-02.

AMENDED SECTIONS:

аааа WAC 296-155-205 Head protection: State-initiated amendments are adopted to:

Х Rewrite subdivision (a) according to clear rule-writing principles.

Х Add subdivision (b) requiring that flaggers working with asphalt paving operations must comply with WAC 296-155-305 requirements.

аааа WAC 296-155-305 Signaling. Flaggers: State-initiated amendments are adopted to:

Х Retitle the section for clarity.

Х Rewrite the section according to clear rule-writing principles.

Х WAC 296-155-305(1): State-initiated amendments are adopted to add:

> A new subdivision with updated references to the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD).

> The requirement that job site workers with specific traffic control responsibilities must be trained in traffic control techniques, device usage, and placement.

> The requirement that traffic control devices, signs and barricades must be used according to the guidelines and recommendations in the MUTCD.

> Locations and addresses where interested parties can either purchase or read copies of the MUTCD.

Х WAC 296-155-305(2): State-initiated amendment is adopted to add:

> A new subdivision (b) clarifying that flaggers are to be used in a work zone only when other reasonable traffic control methods will not adequately control traffic.

Х WAC 296-155-305(3): State-initiated amendments are adopted to:

> Add the requirement that a flagger's signaling directions must conform to the guidelines and recommendations of the MUTCD.

> Update and correct references to the MUTCD and the Washington State Department of Transportation (WSDOT) pamphlet "Washington State Modifications to the MUTCD."

Х WAC 296-155-305(4): State-initiated amendments are adopted to:

> Rewrite flagger hand signaling and paddle requirements for clarity and to accurately reflect MUTCD requirements.

> Allow a flagger to use red flags during emergency situations.

> Allow a flagger to use red flags during nonemergency situations to supplement sign paddles or lights.

> Update MUTCD reference.

> Replace outdated reference to the "transportation commission" with the correct reference to WSDOT.

Х WAC 296-155-305(5): State-initiated amendments are adopted to:

> Reorganize the subsection to clearly distinguish the minimum requirements for flagger safety garments and hard hats worn during "daylight hours" and "hours of darkness," including snow and fog conditions.

> Add ANSI/ISEA 107-1999 Class 2 specifications as the minimum requirement for high visibility safety garments worn by flaggers during daylight hours.

> Allow the use of mesh material for high visibility safety garments if they meet the chromatic specifications of ANSI/ISEA 107-1999.

> Add the requirement that the retroreflecting material on high visibility garments must encircle the torso of the garment providing 360 degrees of visibility.

> Identify acceptable colors for high visibility safety garments worn during daylight hours to be fluorescent yellow-green, fluorescent orange-red or fluorescent red.

> Identify acceptable high visibility colors for hard hats worn during daylight hours to be white, yellow, yellow-green, orange or red.

> Add specific coverall/trouser design and color requirements for flaggers working during hours of darkness.

> Add the requirement that a flagger working during hours of darkness must wear a high visibility hard hat "marked with at least 12 square inches of retroreflective material providing 360 degrees of visibility."

> Add high visibility safety garment requirements for flaggers working in snow and fog conditions.

> Add information telling interested parties where they can purchase or read a copy of ANSI/ISEA 107-1999.

Х WAC 296-155-305(6): State-initiated amendments are adopted to:

> Update MUTCD reference and WSDOT pamphlet reference.

> Add a definition of "emergency."

Х WAC 296-155-305(7): State-initiated amendments are adopted to add:

> A specific reference to the Washington traffic control flagger card.

> Language recognizing flagger certification reciprocity agreements between Washington and other states.

> Language identifying what information must be shown on the flagger certification card.

Х WAC 296-155-305(8): State-initiated amendments are adopted to add:

> A new subsection to comply with chapter 239, Laws of 2000 requiring "employers, responsible contractors and/or project owners" to use a performance-based approach when developing and using methods to provide flaggers with adequate warning of equipment approaching from behind.

> Language to clarify the department's interpretation of chapter 239, Laws of 2000 statutory requirements.

> Some nonmandatory examples of methods that can be used to adequately warn flaggers of equipment approaching from behind.

> Language clarifying the department's position that neither training nor standard backup alarms, which are already required on construction equipment, are sufficient methods of complying with WAC 296-155-305 and the intent of chapter 239, Laws of 2000.

Х WAC 296-155-305(9): State-initiated amendment is adopted to add:

> A new subsection requiring "employers, responsible contractors and/or project owners" to:

♦ Conduct flagger orientations on the job site. The subsection specifies the minimum content of the orientation and the conditions under which it must be conducted.

♦ Keep a current site-specific traffic control plan on-site at certain jobs where flaggers are used. Specifically, a traffic control plan is required for jobs lasting more than one day. The subsection also specifies the purpose of the traffic control plan and its minimum content.

Х WAC 296-155-305(10): State-initiated amendment is adopted to add:

> A new subsection that specifies the advance warning sign sequences required for flagger operations.

> Table clarifying the required spacing of advance warning sign sequences for a three and four-sign set.

Х WAC 296-155-305(11): State-initiated amendment is adopted to add:

> A new subsection requiring "employers, responsible contractors and/or project owners" to take several specific actions to ensure flagger safety. For example, floodlights must illuminate flagger workstations during hours of darkness.

> Language clarifying how floodlights should be set up to protect the flagger and prevent motorist from being disabled by floodlight glare.

> Language clarifying the illumination requirements during emergency situations.

> Language clarifying "appropriate breaks."

WAC 296-155-625 Site clearing: State-initiated amendments are adopted to:

Х Rewrite subdivision (1)(d) according to clear rule-writing principles.

Х Add the requirement that flaggers and flagger activities at site clearing operations must comply with WAC 296-155-305 requirements.

Citation of Existing Rules Affected by this Order: Chapter 296-155 WAC, Safety standards for construction work, amending WAC 296-155-205 Head protection, 296-155-305 Signaling, and 296-155-625 Site clearing.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050, chapter 239, Laws of 2000 (ESHB 2647), and chapter 34.05 RCW.

Adopted under notice filed as WSR 00-21-101 on October 18, 2000.

Changes Other than Editing from Proposed to Adopted Version: As a result of written and oral comments received, the following sections are being amended as indicated below:

WAC 296-155-305 Signaling.

WAC 296-155-305(1):

Х Based upon public comments, WAC 296-155-305(1) has been rewritten to:

♦ Delete the requirement that set ups be done by a "qualified person." WAC 296-155-305 (1)(b) has replaced this requirement.

♦ Update the MUTCD reference.

Х WAC 296-155-305(1) is adopted as follows:

аааа (1)(a) Except as otherwise required in these rules, traffic control devices, signs and barricades must be set up ((~~by a qualified person (a qualified person is someone trained in and familiar with the provisions of Part VI of the MUTCD~~))) and used according to the guidelines and recommendations in the Federal Highway Administration's:

аааа Manual on Uniform Traffic Control Devices (MUTCD), ((~~1988~~)) 1995 Edition-Revision ((3)) 4, Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations.

аааа (b) Job site workers with specific traffic control responsibilities must be trained in traffic control techniques, device usage, and placement.

Note:

Х You may purchase copies of the MUTCD by writing:

U.S. Government Printing Office

Superintendent of Documents

Mail Stop: SSOP,

Washington DC 20402-9328

Х You may read a copy of the MUTCD at any Department of Labor and Industries (L&I) service location.

WAC 296-155-305(4):

Х Based upon public comments, WAC 296-155-305(4) has been rewritten to:

♦ Allow flaggers to use red flags in certain situations.

♦ Update MUTCD reference.

♦ Replace "retroreflectorized" with "retroreflective."

Х WAC 296-155-305(4) is adopted as follows:

аааа (a) Flagger hand signaling must be ((~~either~~)) by sign paddles or lights approved by WSDOT. During emergency situations, red flags may be used to draw a driver's attention to particularly hazardous conditions. In nonemergency situations, a red flag may be held in a flagger's free hand to supplement the use of a sign paddle or lights.

аааа (b) When sign paddles are used, they must comply with the requirements of MUTCD, ((~~1988~~)) 1995 Edition-Revision ((3)) 4, Part VI. Specifically, sign paddles:

Х Must be at least 18 inches in diameter;

Х Printed with letters at least 6 inches high;

Х The "STOP" side of the paddle must have a red background with white lettering; and

Х The "SLOW" side of the paddle must have an orange background with black lettering.

аааа (c) When hand signaling is used during periods of darkness, sign paddles must be ((~~retroreflectorized~~)) retroreflective or illuminated in the same manner as signs.

WAC 296-155-305(5):

Х Based upon public comments, WAC 296-155-305(5) has been rewritten to:

♦ Increase flagger protection by requiring that retroreflective material on high visibility safety garments encircle the flagger's torso to provide 360 degree visibility.

♦ Correct error in proposed draft language. Changed "orange" to "green" in WAC 296-155-305 (5)(a).

♦ Provide flaggers with increased protection when flagging during fog and snow conditions.

♦ Increase flagger visibility while flagging during hours of darkness by requiring retroreflective banding on the legs of ANSI approved nonwhite coveralls or trousers.

♦ Define "hours of darkness."

♦ Allow the use of mesh materials, under certain conditions, for high visibility safety garments.

Х WAC 296-155-305(5) is adopted as follows:

аааа (a) While flagging during daylight hours, a flagger must, at a minimum, wear:

Х A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel. Specifically, a garment containing at least 775 square inches of background material and 201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the flagger. The acceptable high visibility colors are fluorescent yellow/green ((~~orange~~)), fluorescent orange/red or fluorescent red; and

Х A high visibility hard hat. The acceptable high visibility colors are white, yellow, yellow-green, orange or red.

Х When snow or fog limit visibility, a flagger must wear pants of any high visibility color other than white.

аааа (b) While flagging during hours of darkness, a flagger must at least wear:

Х A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel over white coveralls, or other coveralls or trousers that have retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 standards; and

Х A high visibility hard hat that is marked with at least 12 square inches of retroreflective material applied to provide ((~~ing~~)) 360 degrees of visibility.

Х For the purpose of this rule, "hours of darkness" means one-half hour before sunset and one-half hour after sunrise.

Х When snow or fog limit visibility, pants, coveralls, or rain gear in a highly visible color with retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 must be worn.

Note: High visibility safety garments made of mesh material may be worn by flaggers if they meet the chromaticity requirements of ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel.

аааа ((~~(c) During inclement weather, white rain gear or rain gear designed according to ANSI/ISEA 107-1999 may be substituted for white coveralls.~~))

Note:

Х You may purchase copies of ANSI/ISEA 107-1999 by writing:

American National Standards Institute

11 West 42nd Street

New York, NY 10036

Or

Contacting the ANSI web site at:

http://web.ansi.org/

Х You may read a copy of ANSI/ISEA 107-1999 at any Washington state library.

WAC 296-155-305(6):

Х Based upon public comments, WAC 296-155-305(6) has been rewritten to:

♦ Update MUTCD reference.

♦ Replace the term "qualified person" with "certified flagger."

♦ Include a definition for the term "emergency."

Х WAC 296-155-305(6) is adopted as follows:

аааа (a) Each flagger must be trained every three years.

аааа (b) Flagger training must be based upon the Manual on Uniform Traffic Control Devices-((~~1988~~)) 1995 Edition-Revision 4, Part VI, as amended by the Washington State department of transportation pamphlet, "Washington State Modifications to the MUTCD." (M 24-01)

аааа (c) Personnel that have not completed a flagger-training course may be assigned duties as flaggers only during emergencies when a sudden, generally unexpected, set of circumstances demands immediate attention. Such emergency assignments are temporary and last only until a ((~~qualified person~~)) certified flagger can be put into the position. For the purpose of this rule, "emergency" means an unforeseen occurrence endangering life, limb, or property.

WAC 296-155-305(7):

Х Based upon public comments, WAC 296-155-305(7) has been rewritten to clarify what information must be included on a flagger card.

Х WAC 296-155-305(7) is adopted as follows:

аааа (a) Each flagger must have in their possession either a valid Washington traffic control flagger card or a valid flagger card from a state, such as Oregon, Idaho or Montana, having flagger training reciprocity with Washington.

аааа (b) The flagger card must show the following:

Х Verification that the flagger training prescribed in subsection (6) of this section is completed; ((~~and~~))

Х Date the flagger received their flagger training;

Х Name of the instructor providing the flagger training;

Х Name of the state that issued the flagger card;

Х The card's expiration date; and

Х Flagger's picture or a statement that says "valid with photo ID."

WAC 296-155-305(8):

Х Based upon public comments, WAC 296-155-305(8) has been rewritten to:

♦ Clarify when an employer, responsible contractor and/or project owner must develop and use a method to ensure that flaggers will have adequate warning of traffic and equipment approaching the flagger from behind.

♦ Add "jersey" barriers as an additional example of a nonmandatory method that may be use to adequately warn flaggers of traffic and equipment approaching from behind.

♦ Clarify the department's position regarding the intent of ESHB 2647 and the use of flagger training and backup alarms as appropriate methods for protecting flaggers from traffic and equipment approaching the flagger from behind.

Х WAC 296-155-305(8) is adopted as follows:

аааа When it is not possible to position work zone flaggers so they are not exposed to traffic or equipment approaching them from behind, ((T)) the employer, responsible contractor and/or project owner must develop and use a method to ensure that ((~~whenever there is any potential hazard associated with construction equipment that~~)) flaggers have adequate warning of such traffic and equipment approaching from behind the flagger.

аааа Note: The following are some nonmandatory examples of methods that may be used to adequately warn flaggers:

Х Mount a mirror on the flagger's hard hat.

Х Use a motion detector with an audible warning.

Х Use a spotter.

Х Use "jersey" barriers.

аааа ((~~Regardless of the method chosen, employees must be trained.~~)) The department recognizes the importance of adequately trained flaggers and supports industry efforts to improve the quality of flagger training. However, training alone is not ((a)) sufficient to comply with the statutory requirement of revising flagger safety standards to improve options available that ensure flagger safety and that flaggers have adequate visual warning of objects approaching from behind them. ((~~method for complying with this rule.~~)) ((~~Also~~)) Likewise, the department believes that standard backup alarms, which are already required on construction equipment, do not meet the intent of the legislature on this issue. ((~~and, therefore, are not a sufficient method for complying with this rule.~~))

аааа WAC 296-155-305(9):

Х Based upon public comments, WAC 296-155-305(9) has been rewritten to:

♦ Delete the speed requirement for determining when a site specific traffic control plan is needed.

♦ Clarify that the site specific traffic control plan need only contain elements appropriate for the specific job.

Х WAC 296-155-305(9) is adopted as follows:

аааа (a) 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:

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

Х Motor vehicle and equipment in operation at the site;

Х Job site traffic patterns;

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

Х On foot escape route; and

Х Other hazards specific to the job site.

аааа (b) When flaggers are used on a job site ((~~on a roadway allowing speeds of 45 mph or more and the job~~)) that will last more than one day, the employer, responsible contractor and/or project owner must keep on site, a current site specific traffic control plan. The purpose of this plan is to help move traffic through or around the construction zone in a way that protects the safety of the traveling public, pedestrians and workers. The plan must include, but is not limited to, such items as the following when they are appropriate:

Х Sign use and placement;

Х Application and removal of pavement markings;

Х Construction;

Х Scheduling;

Х Methods and devices for delineation and channelization;

Х Placement and maintenance of devices;

Х Placement of flaggers;

Х Roadway lighting;

Х Traffic regulations; and

Х Surveillance and inspection.

WAC 296-155-305(10):

Х Based upon public comments, WAC 296-155-305(10) has been rewritten to:

♦ Clarify when 3 and 4 sign sets are required.

♦ Add a table to clarify the required sign spacing for 3 and 4 sign sets.

Х WAC 296-155-305(10) is adopted as follows:

аааа For all flagging operations a three (3) sign advance warning sequence is required on roadways with a speed limit below 45-mph. ((~~, and~~)) A four (4) sign advance warning sequence is required on all roadways with a 45-mph or higher speed limit ((~~or higher~~)).

аааа Note: The following table contains required spacing for advance warning sign placement.

Road Type Distance Between Advance
Warning
Signs

A B C D

Urban low speed* 200 ft. 200 ft. 200 ft. N/A

Urban high speed* 350 ft. 350 ft. 350 ft. 350 ft.

Rural 500 ft. 500 ft. 500 ft. 500 ft.

Expressway/
Freeway
1,000 ft. 1,600 ft. 2,600 ft. 2,600 ft.

аааа *Speed category to be determined by Washington State Department of Transportation in cooperation with local jurisdictions.

WAC 296-155-305(11):

Х Based upon public comments, WAC 296-155-305(11) has been rewritten to:

♦ Clarify the intent of the illumination requirement and how to properly monitor floodlight placement so disabling glare is eliminated.

♦ Add an exemption from the illumination requirement for emergency situations.

♦ Define "emergency."

♦ Change "should" to "must" to strengthen the requirement and increase flagger protection.

♦ Clarify the meaning of "appropriate breaks."

Х WAC 296-155-305(11) is adopted as follows:

аааа To protect flaggers, employers, responsible contractors and/or project owners must ensure that:

аааа (a) Flagger workstations are illuminated during hours of darkness by floodlights.

Х ((~~It is important to adequately illuminate the workstation without creating glare in the eyes of approaching drivers.~~)) In no case must floodlighting be permitted to create a disabling glare for drivers. The adequacy ((~~and proper placement~~)) of floodlight ((s)) placement and elimination of potential glare can best be determined by driving through and observing the floodlighted area ((~~workstation~~)) from each direction on the main roadway after initial floodlight setup.

Х Emergency situations are exempt from these illumination requirements. For the purpose of this rule, "emergency" means an unforeseen occurrence endangering life, limb, or property.

аааа (b) Warning signs reflect the actual condition of the work zone. When not in use, warning signs ((~~should~~)) must either be taken down or covered.

аааа (c) Flaggers are not assigned other duties while engaged in flagging activities.

аааа (d) Flaggers do not use devices (((~~e.g.:~~)) for example, 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.

аааа (e) Flaggers receive appropriate breaks from flagging so they can remain attentive and alert. For the purpose of this rule, "appropriate break" means a rest period of at least 10 minutes, on the employer's time, for each 4 hours of working time.

Х Rest periods must be scheduled as near as possible to the midpoint of the work period.

Х A flagger must not be allowed to work more than three hours without a rest period.

Х Scheduled rest periods are not required where the nature of the work allows a flagger to take intermittent rest periods equivalent to 10 minutes for each 4 hours worked.

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 5, 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 5, Repealed 0. Effective Date of Rule: February 28, 2001.

January 26, 2001

Gary Moore

Director

OTS-4349.3

AMENDATORY SECTION(Amending Order 91-01, filed 5/20/91, effective 6/20/91)

WAC 296-155-205 Head protection. (1) All employees on any construction site shall be provided an individual hard hat which meets all requirements of (a) and (b) of this subsection. Employers shall provide individual hard hats at no cost to the employees.

аааа (a) Hard hats for the protection of employees against impact and/or penetration of falling and flying objects shall meet the specifications contained in American National Standards Institute, Z89.1-1969, Safety Requirements for Industrial Head Protection.

аааа (b) Hard hats for the head protection of employees exposed to high voltage electrical shock and burns shall meet the specifications contained in American National Standards Institute, Z89.2-1971.

аааа (2) All employees must have their individual hard hats on site and readily available at all times.

аааа (3) All employees shall wear a hard hat on any construction site whenever there is a potential exposure to danger of flying or falling objects to persons working or occupying the area.

Note: The hard hat may be removed whenever there is no potential exposure to a hazard.

аааа (4)(a) Employees working on asphalt paving crews ((~~when they are~~)) exposed to extreme temperatures from hot mix and ((~~when they are~~)) not exposed to falling objects ((~~need~~)) do not have to wear protective hard hats. ((~~Flaggers working in conjunction with asphalt paving operations shall wear protective hard hats.~~))

аааа (b) Flaggers working with asphalt paving operations must comply with the requirements of WAC 296-155-305.

аааа (5) Caps with metal buttons or metal visors shall not be worn around electrical hazards.

аааа (6) Employees working near moving machinery or in locations which present a hair-catching or fire hazard shall wear caps, nets or other head and face protection that will completely contain the hair.

[Statutory Authority: Chapter 49.17 RCW. 91-11-070 (Order 91-01), з 296-155-205, filed 5/20/91, effective 6/20/91; 89-11-035 (Order 89-03), з 296-155-205, filed 5/15/89, effective 6/30/89. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), з 296-155-205, filed 1/21/86; Order 74-26, з 296-155-205, filed 5/7/74, effective 6/6/74.]

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

WAC 296-155-305 Signaling and flaggers. ((Flaggers.
аааа (1) 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.
аааа (2) Signaling directions by flaggers shall conform to American National Standards Institute D6.1-1988, Manual on Uniform Traffic Control Devices for Streets and Highways, as amended by the Washington state department of transportation. (M24-01 (HT).)
аааа (3) 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.
аааа (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.
аааа (5) 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.

аааа (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.)) (1)(a) Except as otherwise required in these rules, traffic control devices, signs and barricades must be set up and used according to the guidelines and recommendations in the Federal Highway Administration's:

аааа Manual on Uniform Traffic Control Devices (MUTCD), 1995 Edition-Revision 4, Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations.

аааа (b) Job site workers with specific traffic control responsibilities must be trained in traffic control techniques, device usage, and placement.

Note:

аааа Х You may purchase copies of the MUTCD by writing:

аааа U.S. Government Printing Office

аааа Superintendent of Documents

аааа Mail Stop: SSOP,

аааа Washington D.C. 20402-9328

аааа Х You may read a copy of the MUTCD at any department of labor and industries (L&I) service location.

аааа (2)(a) Flaggers or other appropriate traffic controls must be used when signs, signals, and barricades do not provide necessary protection from traffic at operations on or adjacent to a highway or street.

аааа (b) Flaggers are to be used only when other reasonable traffic control methods will not adequately control traffic in the work zone.

аааа (3) Flagger signaling directions must conform to the guidelines and recommendations of MUTCD, 1995 Edition-Revision 4, Part VI, as amended by the Washington state department of transportation (WSDOT) pamphlet, "Washington State Modifications to the MUTCD." (M 24-01)

аааа (4)(a) Flagger hand signaling must be by sign paddles or lights approved by WSDOT. During emergency situations, red flags may be used to draw a driver's attention to particularly hazardous conditions. In nonemergency situations, a red flag may be held in a flagger's free hand to supplement the use of a sign paddle or lights.

аааа (b) When sign paddles are used, they must comply with the requirements of MUTCD, 1995 Edition-Revision 4, Part VI. Specifically, sign paddles:

аааа Х Must be at least 18 inches in diameter;

аааа Х Printed with letters at least 6 inches high;

аааа Х The "STOP" side of the paddle must have a red background with white lettering; and

аааа Х The "SLOW" side of the paddle must have an orange background with black lettering.

аааа (c) When hand signaling is used during periods of darkness, sign paddles must be retroreflective or illuminated in the same manner as signs.

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

аааа Х A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel. Specifically, a garment containing at least 775 square inches of background material and 201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the flagger. The acceptable high visibility colors are fluorescent yellow-green, fluorescent orange-red or fluorescent red; and

аааа Х A high visibility hard hat. The acceptable high visibility colors are white, yellow, yellow-green, orange or red.

аааа Х When snow or fog limit visibility, a flagger must wear pants of any high visibility color other than white.

аааа (b) While flagging during hours of darkness, a flagger must at least wear:

аааа Х A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999 over white coveralls, or other coveralls or trousers that have retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 standards; and

аааа Х A high visibility hard hat that is marked with at least 12 square inches of retroreflective material applied to provide 360 degrees of visibility.

аааа Х For the purpose of this rule, "hours of darkness" means one-half hour before sunset and one-half hour after sunrise.

аааа Х When snow or fog limit visibility, pants, coveralls, or rain gear in a highly visible color with retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 must be worn.

Note: High visibility safety garments made of mesh material may be worn by flaggers if they meet the chromaticity requirements of ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel.

Note:

аааа Х You may purchase copies of ANSI/ISEA 107-1999 by writing:

аааа American National Standards Institute

аааа 11 West 42nd Street

аааа New York, NY 10036

аааа or

аааа Contacting the ANSI web site at:

аааа http://web.ansi.org/

аааа Х You may read a copy of ANSI/ISEA 107-1999 at any Washington state library.

аааа (6)(a) Each flagger must be trained every three years.

аааа (b) Flagger training must be based upon the Manual on Uniform Traffic Control Devices-1995 Edition-Revision 4, Part VI, as amended by the Washington state department of transportation pamphlet, "Washington State Modifications to the MUTCD." (M 24-01)

аааа (c) Personnel that have not completed a flagger-training course may be assigned duties as flaggers only during emergencies when a sudden, generally unexpected, set of circumstances demands immediate attention. Such emergency assignments are temporary and last only until a certified flagger can be put into the position. For the purpose of this rule, "emergency" means an unforeseen occurrence endangering life, limb, or property.

аааа (7)(a) Each flagger must have in their possession either a valid Washington traffic control flagger card or a valid flagger card from a state, such as Oregon, Idaho or Montana, having flagger training reciprocity with Washington.

аааа (b) The flagger card must show the following:

аааа Х Verification that the flagger training prescribed in subsection (6) of this section is completed;

аааа Х Date the flagger received their flagger training;

аааа Х Name of the instructor providing the flagger training;

аааа Х Name of the state that issued the flagger card;

аааа Х The card's expiration date; and

аааа Х Flagger's picture or a statement that says "valid with photo ID."

аааа (8) When it is not possible to position work zone flaggers so they are not exposed to traffic or equipment approaching them from behind, the employer, responsible contractor and/or project owner must develop and use a method to ensure that flaggers have adequate warning of such traffic and equipment approaching from behind the flagger.

аааа Note: The following are some nonmandatory examples of methods that may be used to adequately warn flaggers:

аааа Х Mount a mirror on the flagger's hard hat.

аааа Х Use a motion detector with an audible warning.

аааа Х Use a spotter.

аааа Х Use "jersey" barriers.

аааа The department recognizes the importance of adequately trained flaggers and supports industry efforts to improve the quality of flagger training. However, training alone is not sufficient to comply with the statutory requirement of revising flagger safety standards to improve options available that ensure flagger safety and that flaggers have adequate visual warning of objects approaching from behind them. Likewise, the department believes that standard backup alarms, which are already required on construction equipment, do not meet the intent of the legislature on this issue.

аааа (9)(a) 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:

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

аааа Х Motor vehicle and equipment in operation at the site;

аааа Х Job site traffic patterns;

аааа Х Communications and signals to be used between flaggers and equipment operators;

аааа Х On-foot escape route; and

аааа Х Other hazards specific to the job site.

аааа (b) When flaggers are used on a job that will last more than one day, the employer, responsible contractor and/or project owner must keep on-site, a current site specific traffic control plan. The purpose of this plan is to help move traffic through or around the construction zone in a way that protects the safety of the traveling public, pedestrians and workers. The plan must include, but is not limited to, such items as the following when they are appropriate:

аааа Х Sign use and placement;

аааа Х Application and removal of pavement markings;

аааа Х Construction;

аааа Х Scheduling;

аааа Х Methods and devices for delineation and channelization;

аааа Х Placement and maintenance of devices;

аааа Х Placement of flaggers;

аааа Х Roadway lighting;

аааа Х Traffic regulations; and

аааа Х Surveillance and inspection.

аааа (10) For all flagging operations a three (3) sign advance warning sequence is required on all roadways with a speed limit below 45 mph. A four (4) sign advance warning sequence is required on all roadways with a 45 mph or higher speed limit.

аааа Note: The following table contains required spacing for advance warning sign placement.

Road Type Distances Between Advance Warning Signs

A B C D

Urban low speed* 200 ft. 200 ft. 200 ft. N/A

Urban high speed* 350 ft. 350 ft. 350 ft. 350 ft.

Rural 500 ft. 500 ft. 500 ft. 500 ft.

Expressway/Freeway 1,000 ft. 1,600 ft. 2,600 ft. 2,600 ft.

* Speed category to be determined by Washington state department of transportation in cooperation with local jurisdictions.

аааа (11) To protect flaggers, employers, responsible contractors and/or project owners must ensure that:

аааа (a) Flagger workstations are illuminated during hours of darkness by floodlights.

аааа Х In no case must floodlighting be permitted to create a disabling glare for drivers. The adequacy of floodlight placement and elimination of potential glare can best be determined by driving through and observing the floodlighted area from each direction on the main roadway after initial floodlight setup.

аааа Х Emergency situations are exempt from these illumination requirements. For the purpose of this rule, "emergency" means an unforeseen occurrence endangering life, limb, or property.

аааа (b) Warning signs reflect the actual condition of the work zone. When not in use, warning signs must either be taken down or covered.

аааа (c) Flaggers are not assigned other duties while engaged in flagging activities.

аааа (d) Flaggers do not use devices (for example, 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.

аааа Х Rest periods must be scheduled as near as possible to the midpoint of the work period.

аааа Х A flagger must not be allowed to work more than three hours without a rest period.

аааа Х Scheduled rest periods are not required where the nature of the work allows a flagger to take intermittent rest periods equivalent to 10 minutes for each 4 hours worked.

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

AMENDATORY SECTION(Amending Order 94-07, filed 7/20/94, effective 9/20/94)

WAC 296-155-625 Site clearing. (1) General.

аааа (a) The word "clearing" means the removal of trees, stumps, logs, brush, debris and rubbish from the surface of the ground in preparation of a site for construction work of any kind. The removal of trees and logs shall be in accordance with the requirements of chapter 296-54 WAC.

аааа (b) All equipment and tools such as axes, sledges, wedges, saws, springboards, etc., shall be maintained in a safe condition and guarded with standard safeguards.

аааа (c) Fallers shall give warning to brushing crews, buckers and other persons in the vicinity where a tree is being felled; taking notice that such persons are not only out of the reach of tree, but also out of danger of possible sidewinders, snags or other trees which may be knocked over by the tree being felled.

аааа (d) ((No)) Trees ((~~shall~~)) must not be felled toward and within range of a traveled road or operational railroad ((~~in use,~~)) unless a flagger is ((~~placed on such road or railroad~~)) used to ((~~warn~~)) stop all approaching persons ((~~or to stop~~)), vehicles, or railroad equipment. Flaggers and flagging activities at the site must comply with the requirements of WAC 296-155-305.

аааа (e) Clearing crews shall not be placed immediately below other crews working on hillsides where there is a possible danger of skidding or rolling trees, moving earth or rock.

аааа (f) Pioneer roads on clearing operations shall be constructed to safely accommodate all equipment moved over road.

аааа (g) Hazardous standing and down timber, rocks, etc., shall be moved from upper sides of cuts on side hill operations.

аааа (h) Care shall be exercised in the use of oil for burning brush or timber.

аааа (i) Employees engaged in site clearing shall be protected from hazards of irritant and toxic plants and suitably instructed in the first-aid treatment available.

аааа (j) All equipment used in site clearing operations shall be equipped with rollover guards meeting the requirements of this chapter. In addition, rider-operated equipment shall be equipped with an overhead and rear canopy guard meeting the following requirements:

аааа (i) The overhead covering on this canopy structure shall be of not less than 1/8-inch steel plate or 1/4-inch woven wire mesh with openings no greater than 1 inch, or equivalent.

аааа (ii) The opening in the rear of the canopy structure shall be covered with not less than 1/4-inch woven wire mesh with openings no greater than 1 inch.

аааа (iii) Use of 1/2 inch thick plastic sheets or other thicknesses of plastic panels derived from polycarbonate, acrylic, cellulose acetate butyrate which provides equivalent or better protection against particular hazards involved is acceptable in lieu of 1 or 1 3/4 inch open mesh material.

аааа (A) All panels shall be installed in a manner which can withstand the initial impact, and maintain the protective barrier integrity; and

аааа (B) All panels must be labeled or marked to distinguish between acceptable and inferior materials.

аааа (k) In addition to observance of the general safety and health standards;

аааа (i) The employer shall assume the responsibility of work assignment so that no worker shall be required to work in a position or location so isolated as to not be within ordinary calling distance of another person who can render assistance in case of emergency. In any operation where cutting, felling trees, loading, or a combination of these duties is carried on, there shall be a minimum crew of two persons who shall work as a team and shall be in visual or voice contact with one another. If one worker at these operations is required to be left alone for a period of time, the worker shall be contacted by another person at reasonable intervals not to exceed fifteen minutes unless such practice can be established to be impractical.

аааа (ii) This does not apply to operators of motor vehicles, watchpersons or certain other jobs which, by their nature, are singular worker assignments. However, a definite procedure for checking the welfare of all workers during working hours shall be instituted and all workers so advised.

[Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), з 296-155-625, filed 7/20/94, effective 9/20/94; 91-03-044 (Order 90-18), з 296-155-625, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-03-074 (Order 86-14), з 296-155-625, filed 1/21/86; Order 74-26, з 296-155-625, filed 5/7/74, effective 6/6/74.]

>	A new subdivision with updated references to the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD).
>	The requirement that job site workers with specific traffic control responsibilities must be trained in traffic control techniques, device usage, and placement.
>	The requirement that traffic control devices, signs and barricades must be used according to the guidelines and recommendations in the MUTCD.
>	Locations and addresses where interested parties can either purchase or read copies of the MUTCD.

>	Add the requirement that a flagger's signaling directions must conform to the guidelines and recommendations of the MUTCD.
>	Update and correct references to the MUTCD and the Washington State Department of Transportation (WSDOT) pamphlet "Washington State Modifications to the MUTCD."

>	Rewrite flagger hand signaling and paddle requirements for clarity and to accurately reflect MUTCD requirements.
>	Allow a flagger to use red flags during emergency situations.
>	Allow a flagger to use red flags during nonemergency situations to supplement sign paddles or lights.
>	Update MUTCD reference.
>	Replace outdated reference to the "transportation commission" with the correct reference to WSDOT.

♦	Conduct flagger orientations on the job site. The subsection specifies the minimum content of the orientation and the conditions under which it must be conducted.
♦	Keep a current site-specific traffic control plan on-site at certain jobs where flaggers are used. Specifically, a traffic control plan is required for jobs lasting more than one day. The subsection also specifies the purpose of the traffic control plan and its minimum content.

Х	Rewrite subdivision (1)(d) according to clear rule-writing principles.
Х	Add the requirement that flaggers and flagger activities at site clearing operations must comply with WAC 296-155-305 requirements.

♦	Delete the requirement that set ups be done by a "qualified person." WAC 296-155-305 (1)(b) has replaced this requirement.
♦	Update the MUTCD reference.

♦	Allow flaggers to use red flags in certain situations.
♦	Update MUTCD reference.
♦	Replace "retroreflectorized" with "retroreflective."

Х	Must be at least 18 inches in diameter;
Х	Printed with letters at least 6 inches high;
Х	The "STOP" side of the paddle must have a red background with white lettering; and
Х	The "SLOW" side of the paddle must have an orange background with black lettering.

♦	Increase flagger protection by requiring that retroreflective material on high visibility safety garments encircle the flagger's torso to provide 360 degree visibility.
♦	Correct error in proposed draft language. Changed "orange" to "green" in WAC 296-155-305 (5)(a).
♦	Provide flaggers with increased protection when flagging during fog and snow conditions.
♦	Increase flagger visibility while flagging during hours of darkness by requiring retroreflective banding on the legs of ANSI approved nonwhite coveralls or trousers.
♦	Define "hours of darkness."
♦	Allow the use of mesh materials, under certain conditions, for high visibility safety garments.

Х	A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel. Specifically, a garment containing at least 775 square inches of background material and 201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the flagger. The acceptable high visibility colors are fluorescent yellow/green ((~~orange~~)), fluorescent orange/red or fluorescent red; and
Х	A high visibility hard hat. The acceptable high visibility colors are white, yellow, yellow-green, orange or red.
Х	When snow or fog limit visibility, a flagger must wear pants of any high visibility color other than white.

Х	A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 107-1999, American National Standard for High-Visibility Safety Apparel over white coveralls, or other coveralls or trousers that have retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 standards; and
Х	A high visibility hard hat that is marked with at least 12 square inches of retroreflective material applied to provide ((~~ing~~)) 360 degrees of visibility.
Х	For the purpose of this rule, "hours of darkness" means one-half hour before sunset and one-half hour after sunrise.
Х	When snow or fog limit visibility, pants, coveralls, or rain gear in a highly visible color with retroreflective banding on the legs designed according to ANSI/ISEA 107-1999 must be worn.

	American National Standards Institute
	11 West 42nd Street
	New York, NY 10036

♦	Update MUTCD reference.
♦	Replace the term "qualified person" with "certified flagger."
♦	Include a definition for the term "emergency."

Х	Based upon public comments, WAC 296-155-305(7) has been rewritten to clarify what information must be included on a flagger card.
Х	WAC 296-155-305(7) is adopted as follows:

Х	Verification that the flagger training prescribed in subsection (6) of this section is completed; ((~~and~~))
Х	Date the flagger received their flagger training;
Х	Name of the instructor providing the flagger training;
Х	Name of the state that issued the flagger card;
Х	The card's expiration date; and
Х	Flagger's picture or a statement that says "valid with photo ID."

♦	Clarify when an employer, responsible contractor and/or project owner must develop and use a method to ensure that flaggers will have adequate warning of traffic and equipment approaching the flagger from behind.
♦	Add "jersey" barriers as an additional example of a nonmandatory method that may be use to adequately warn flaggers of traffic and equipment approaching from behind.
♦	Clarify the department's position regarding the intent of ESHB 2647 and the use of flagger training and backup alarms as appropriate methods for protecting flaggers from traffic and equipment approaching the flagger from behind.

Х	Mount a mirror on the flagger's hard hat.
Х	Use a motion detector with an audible warning.
Х	Use a spotter.
Х	Use "jersey" barriers.

♦	Delete the speed requirement for determining when a site specific traffic control plan is needed.
♦	Clarify that the site specific traffic control plan need only contain elements appropriate for the specific job.

Х	The flagger's role and location on the job site;
Х	Motor vehicle and equipment in operation at the site;
Х	Job site traffic patterns;
Х	Communications and signals to be used between flaggers and equipment operators;
Х	On foot escape route; and
Х	Other hazards specific to the job site.

Х	Sign use and placement;
Х	Application and removal of pavement markings;
Х	Construction;
Х	Scheduling;
Х	Methods and devices for delineation and channelization;
Х	Placement and maintenance of devices;
Х	Placement of flaggers;
Х	Roadway lighting;
Х	Traffic regulations; and
Х	Surveillance and inspection.

й Washington State Code Reviser's Office

♦	Clarify when 3 and 4 sign sets are required.
♦	Add a table to clarify the required sign spacing for 3 and 4 sign sets.

Road Type	Distance	Between	Advance Warning	Signs
	A	B	C	D
Urban low speed*	200 ft.	200 ft.	200 ft.	N/A
Urban high speed*	350 ft.	350 ft.	350 ft.	350 ft.
Rural	500 ft.	500 ft.	500 ft.	500 ft.
Expressway/ Freeway	1,000 ft.	1,600 ft.	2,600 ft.	2,600 ft.

♦	Clarify the intent of the illumination requirement and how to properly monitor floodlight placement so disabling glare is eliminated.
♦	Add an exemption from the illumination requirement for emergency situations.
♦	Define "emergency."
♦	Change "should" to "must" to strengthen the requirement and increase flagger protection.
♦	Clarify the meaning of "appropriate breaks."

Х	Rest periods must be scheduled as near as possible to the midpoint of the work period.
Х	A flagger must not be allowed to work more than three hours without a rest period.
Х	Scheduled rest periods are not required where the nature of the work allows a flagger to take intermittent rest periods equivalent to 10 minutes for each 4 hours worked.

Road Type	Distances	Between	Advance Warning	Signs
	A	B	C	D
Urban low speed*	200 ft.	200 ft.	200 ft.	N/A
Urban high speed*	350 ft.	350 ft.	350 ft.	350 ft.
Rural	500 ft.	500 ft.	500 ft.	500 ft.
Expressway/Freeway	1,000 ft.	1,600 ft.	2,600 ft.	2,600 ft.