The following definitions apply to this chapter:

Car width. Twice the distance from the centerline of a railroad car to its extreme outside part.

Common carrier. All railroads, railroad companies, street railroads, street railroad companies, corporations, partnerships, persons, cities or towns that own, operate, manage, or control any public use enterprise within Washington state that transports people or property for hire.

Department. The Washington state department of labor and industries.

Emergency. Any unforeseen occurrence that endangers life, limb, or property.

Icing platforms. Structures used to ice, precool, heat, ventilate or service private railroad cars that handle commodities requiring these services.

Over-crossing. Any point or place where a highway, road, or ramp carrying vehicular traffic crosses a private rail yard or track by passing above it.

Overhead clearance. The perpendicular distance between the top of the highest rail and the lowest point of an overhead structure or obstruction.

Private rail operation. A nonrailroad company operating railroad facilities, structures, tracks and equipment in the company's yard or plant. Chapter 296-860 WAC applies to:

(a) Any equipment, facility or structure owned or operated by the company; and

(b) The construction and reconstruction of tracks or structures adjacent to any facility or structure owned or operated by the company.

Railroad. Every public use railroad, other than street railroads, operated to transport people or property for hire. This definition also includes all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, and terminal facilities of every kind that are used, operated, controlled, or owned by or in connection with any such public use railroad.

Side clearance. The shortest distance between the centerline of a track and a structure or other track side obstructions such as downspouts, ladders, equipment, piles of material or inventory, etc.

Track clearance. The shortest distance between the centerlines of adjacent railroad tracks.

Walkways. Pathways located alongside or in the vicinity of a railroad track, or on a trestle or bridge, providing space so a private railroad employee can perform duties associated with the track, trestle, or bridge.

This chapter applies to all railroad clearances and walkways in rail yards and plants including logging railroad yards such as mill yards, maintenance yards and sorting yards. If you are uncertain about which WISHA requirements to follow, you must comply with those that best protect employees' safety and health. Contact your local L&I office if you need assistance in making this decision.

These exemptions apply to chapter 296-860 WAC, Railroad clearances and walkways in private rail yards and plants, and do not require a department variance:

1. You may move the following equipment, using less than the minimum standard clearances, if the situation is unavoidable and you have taken all reasonable steps to protect your employees:

a. Track construction or maintenance materials.

b. Special work equipment used for railroad construction, maintenance or operations.

c. Any railroad equipment during emergencies.

2. You may have overhead or side clearances less than the minimum standard clearances required in this chapter if they were legally created before April 3, 1961.

3. Tracks built before April 3, 1961:

a. May be extended according to the legal track clearance requirements in effect when they were originally constructed.

b. Are exempt from the track clearance requirements in WAC 296-860-20060, Table 5.

4. Chapter 296-54 WAC, Safety standards—Logging operations, regulates all logging railroads or any rail operations related to logging, except for yard clearances.

(1) The DOSH Safety & Health Core Rules book, chapter 296-800 WAC, contains the basic requirements that apply to employers in Washington. It also contains:

(a) An introduction that lists important information you should know, including a section on building, fire and electrical codes.

(b) A resource section that includes a complete list of all DOSH rules.

(2) Other DOSH rules may apply to you, depending upon the activities and operations of your workplace. Contact your local L&I office if you are uncertain about which DOSH requirements pertain to you.

(3) To access the Safety & Health Core Rules book online: http://www.lni.wa.gov/safety/rules/chapter/800/default.asp.

(4) For a CD or paper copy contact us:

Labor and Industries

P.O. Box 44620

Olympia, WA 98504-4620

Telephone: 1-800-4be-safe (1-800-423-7233)

To prevent injuries and fatalities to employees by maintaining safe railroad clearances and walkways in your rail yards and plants.

(1) You must post warning signs near tracks with clearances approved before April 3, 1961, so employees are aware of the minimal clearances and their potential hazards. The signs must:

(a) Be highly visible.

(b) Be easy to read.

(c) Alert employees to the danger of railway equipment operating on your yard and plant tracks.

(2) You must include in your employee safety and health training information about:

(a) Any minimal clearances and their location.

(b) Potential hazards associated with them.

(c) The location of any clearance warning signs.

You have two years from October 01, 2002, (the effective date of this rule), to comply with the construction requirements of this section, unless the department determines during an inspection that your walkways create a serious safety hazard. If you are not sure a serious safety hazard exists in your workplace, you can request a free consultation from the department by calling your local L&I office.

(1) You must build walkways in rail yard areas where employees regularly work on the ground.

(2) You must construct rail yard walkways that can be maintained in a safe condition:

(a) With reasonably smooth walking surfaces.

(b) That will not interfere with track drainage.

(3) You must use any of the following materials when constructing your walkway:

(a) Crushed material that does not exceed 1 1/2 inches in size. For this rule, "1 1/2 inches in size" means one of the following (percentages refer to weight measurement and sieve size standard in the industry):

(b) Smaller crushed material is preferred and should be used where drainage and durability is not an issue. Crushed material that is 3/4 inch or less in size is recommended for switching leads in yards.

(c) Asphalt, concrete, planking, grating, or other similar material.

(d) Natural materials such as gravel or dirt.

(4) You must construct walkways wide enough for employees to safely perform their duties.

(5) You must construct walkways with a grade or slope in any direction with not more than one inch of elevation for each eight inches of horizontal length, unless it is geographically impractical.

(6) You must keep all walkways clear of vegetation, debris, mud, or other obstructions that create a potential hazard for employees.

(7) You must remove all standing water from all walkways as soon as reasonably possible.

(8) You must reopen walkways temporarily closed for a construction project within thirty days after the project is completed.

(9) You must repair walkways that have been damaged and temporarily closed because of an emergency within thirty days after the emergency ends.

(10) You must obtain a department variance before permanently removing any bridge or trestle walkway from use after October 1, 2002 (the effective date of this rule).

This section applies only to those private yards and plants where the installation of radiation detectors beside railroad tracks is required due to the nature of the business; for example, scrap metal yards.

(1) You must install radiation detectors beside the railroad tracks in your yard and/or plant according to the manufacturer's specifications.

(2) You must post signs on each radiation detector installed less than eight feet six inches from the centerline of the track:

(a) Warning employees that the side clearances between the detector and the track centerline are less than the required standard minimum side clearances found in this chapter.

(b) Prohibiting employees from riding on the side of any rail car passing through the detector.

Engine houses and car shops are exempt from the overhead clearance requirements of this section.

You must make sure overhead railroad clearances are at least twenty-two feet six inches unless a clearance requirement found in Table 1 applies.

You must make sure side clearances are at least eight feet six inches from the track centerline unless clearance requirements found in Tables 2, 3, or 4 apply.

You must comply with the track clearance requirements in Table 5.

(1) You must make sure your yard supervisor is given advanced notice regarding the arrival of any excess height or width cars so they can safeguard any employees working in the yard.

(2) You must make sure no one is allowed to ride on the:

(a) Roof of any excessive height car.

(b) Side of any excessive width car.

(c) Side of any car with a load extending more than five feet five inches from the car's centerline.

(1) You must base your clearance measurements upon your widest narrow gauge cars.

(2) You must make sure the distance between the cars and objects on narrow gauge track is equal to or greater than the distance required between ten foot ten inch wide cars and other cars or objects on standard gauge track.

(3) You must comply with all other applicable requirements in this chapter.