437-003-3224 Vehicle Drivers and Riders (1) Scope. This rule applies, without regard to vehicle ownership when your employees drive or ride as part of their employment. NOTE: The Oregon Bureau of Labor and Industries (BOLI) administers rules about using minors as drivers. Please contact the nearest BOLI office for more information. (2) Driver Qualifications. You must not allow an employee to drive a vehicle on a public highway or road unless they have a valid driver’s license appropriate for that type vehicle. (3) General Safety. (a) Do not allow employees to drive or ride in any vehicle known to be unsafe. (b) Require employees to report any safety problems effecting vehicles you own or provide. (4) Rider Safety — General. (a) Except as in (5), (6) and (7), do not allow employees to occupy a vehicle in excess of its seating capacity. (b) Require employees to comply with all applicable seatbelt and traffic safety laws. (5) Rider Safety in the Bed of Dump Trucks, Pickups and Similar Vehicles. Do not transport workers in the beds of dump trucks, pickups or similar vehicles unless these conditions are met when applicable: (a) When seating is available, it must be secure to the floor and passengers may not stand. (b) The bed is secure to the frame. Beds that tilt or slide must be secure from movement. (c) Dump beds must be secure or the activating lever locked. (d) The total height of the sides of the transport area must be at least 42 inches. If riders sit on the floor, the height must be at least 24 inches. (e) There must be a tailgate the same height as the sides or three evenly spaced chains, cables or ropes taut across the back. (f) Not more than 4 workers may ride on a flatbed without sides or a tailgate and then only when the speed will not be more than 30 mph. There must be two handholds for each rider. (g) Workers must not ride in space with cargo unless it is secure from movement. (6) Standing Rider Safety — Buses. Riders must not sit on the floor while the vehicle is moving. Riders may stand if these conditions are met: (a) There must be an aisle at least 12 inches wide leading to the emergency exit. (b) There are no seats in or boards across the aisle. (c) There must be handholds for standing riders. (d) Not more than one rider per row of seats may stand. (e) Riders may not sit or stand near the driver and not ahead of the forward-most row of seats. (f) Workers in transit must not stand for more than one hour or 45 miles, whichever is less. At the end of that period, the standing workers must get a seat or the vehicle must stop for a 15-minute rest allowing the workers to get out. (7) Fueling. (a) There must be no smoking or other source of ignition within 25 feet of any refueling operation. (b) Do not fill any container that is not bonded or grounded while it is inside the vehicle, in the pickup bed or anyplace other than on the ground. (c) Stop the engine (except diesels) during fueling. (d) Refueling vehicles with LPG must be outdoors. (8) Hauling gasoline or flammable liquid. (a) For buses, vehicles that carry 16 or more, crew trucks, vans and passenger cars, use only DOT or UL approved containers that hold 5 gallons or less and secure them in an area separate from passengers. (b) For pickups, flatbeds and other vehicles not in (a), there is no container size limit as long it is not in an enclosed passenger area. (9) Hauling Explosives. When hauling explosives, only the driver and one qualified person may be in the vehicle. Comply with 1910.109 and 437-002-0109. (10) Loading or Unloading. When loading or unloading vehicles in a manner that is likely to cause the vehicle to move, set the brakes and chock the wheels. (11) High Voltage Clearances. When operating a vehicle near overhead lines carrying more than 600v, OAR 437-002-0047 applies for general industry employers and OAR 437-003-0047 applies for Construction employers. (12) Traffic Control. Adequate and appropriate traffic control devices must be used when vehicles are parked on or adjacent to a highway, street, or road in a way that creates a hazard and when traffic cannot adjust safely on its own. The traffic control devices' design and use must conform to the Manual of Uniform Traffic Control Devices (MUTCD), incorporated by reference in 1926.6. NOTE: The MUTCD is available electronically at mutcd.fhwa.dot.gov, or printed copies are available to purchase from the American Traffic Safety Services Association, 1-800-231-3475, www.atssa.com; the Institute of Transportation Engineers, 202-785-0060, www.ite.org; or the American Association of State Highway and Transportation Officials, 1-800-231-3475, store.transportation.org. NOTE: Employers who follow the most current edition of the Oregon Department of Transportation's Temporary Traffic Control Handbook are considered in compliance with this requirement. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019 OSHA 6-2007, f. & cert. ef. 9-26-07