Right of Way Working Requirements - Part Two

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Personal Protective and Lifesaving Equipment (1926.95- 1926.103)

Fire Protection and Prevention (1926.150- 1926.159)

This Subpart has some regulations that apply to highway contractors. From basic compliance to fueling, heating and storage requirements, keeping an outside jobsite safe from fire and explosion hazards is important. Any DOT requirements for fire protection are not addressed here.

Section 1926.150 (a)(c) - General requirements; first of all requires the contractor to have a fire prevention program. While this program need not be lengthy, it is required to be discussed with workers as a part of their overall safety training. This written program may also be a part of your overall safety plan.

Section 1926.152 (a)(e)(g) - Flammable & combustible liquids; first and foremost need to be stored in approved containers. One of the most common violations is storing fuels in plastic or metal gas cans which don’t meet OSHA’s requirements. Approved containers for flammable and combustible liquids are metal, with an internal flame-arrester tube in the filler throat and a spring-loaded self-closing cap. Any area used for refueling of equipment of 5 gallons or more requires a 25 ft. separation from other operations. In addition, there can be no smoking in the immediate area, and a “No Smoking” sign shall be posted. Therefore, gravity-fed tanks on “farm stands” and even fuel tanks on pickup beds should have permanent “No Smoking” signs with the 25 ft. separation posted.

Section 1926.153 (h) - Liquefied petroleum gas (LP-gas); used for temporary heaters have some special requirements. LP tanks which are connected to heaters by a hose are required to be placed at least 6 ft. away from the heaters. In addition, heaters cannot be directed toward any LP tanks unless there is at least a 20 ft. separation. Another consideration is that barricading or some equivalent means is necessary to protect any LP tanks which could be struck or damaged by vehicle and equipment operations.

Section 1926.154 (a) - Temporary heating devices; do have one regulation that may affect highway contractors. Heaters shall be located at least 10 ft. away from any combustible tarpaulins, canvas, or other coverings. In addition, the adjacent coverings need to be tied down to prevent winds from upsetting the heater.

Signs, Signals, and Barricades (1926.200- 1926.202)

This Subpart, as the title implies, affects highway contractors to a great extent. Naturally, right-of-way work is subject to Federal, State, and sometimes local DOT regulations which in many cases may be more restrictive that the OSHA regulations. However, the following are highlights from this Subpart.

Section 1926.200(g) - Traffic signs; requires that “Construction areas shall be posted with legible traffic signs at points of hazard”. Additionally, worker protection signage shall be made in accordance with ANSI standards D6.1-1971 (Manual on Uniform Traffic Control Devices for Street and Highways). Again, when working in a DOT- regulated area, there are typically more stringent signage requirements.

Section 1926.201(a) - Signaling; requires flagmen (or other appropriate traffic controls) onsite when the signs, signals, or barricades being used still do not provide the necessary protection on or adjacent to a highway or street. Flagmen are required to use 18” square red flags, or paddles. When working at night, flagmen shall use red lights. At all times, flagmen shall wear red or orange warning garments, but at night, the warning garments shall have reflectorized material. Any signaling the flagmen make shall be in accordance with the same ANSI standard D6.1-1971 as above.

Section 1926.202 - Barricades; are required to conform to the same ANSI standard D6.1-1971 as above. There are no specific barricade requirements, but again the DOT standards typically apply.

The information as outlined in this article focuses primarily on the requirements for highway and roadway contractors. Please refer to these sections of the CFR (including other work activities you perform) for a more in-depth review of these regulations.

This is part two of a two-part series on Right-of Way working requirements. Read Part one of this article.

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