New York Construction Site Safety Code

PART 23
PROTECTION IN CONSTRUCTION, DEMOLITION AND EXCAVATION OPERATIONS
(Statutory authority: Labor Law, §§27-a, 27, 29)

SUBPART 23-9     POWER-OPERATED EQUIPMENT

23-9.1      Application of this subpart
23-9.2      General requirements
23-9.3      Conveyors and cableways
23-9.4      Power shovels and backhoes used for material handling
23-9.5      Excavating machines
23-9.6      Aerial baskets
23-9.7      Motor trucks
23-9.8      Lift and fork trucks
23-9.9      Power buggies
23-9.10    Pile drivers
23-9.11    Mixing machMixing machines

SUBPART 23-9

POWER-OPERATED EQUIPMENT

Historical Note
Subpart filed May 30, 1972 eff. June 1, 1972. Top^

§ 23-9.1 Application of this Subpart.

The provisions of this Subpart shall apply to power-operated heavy equipment or machinery used in construction, demolition and excavation operations. These provisions shall not apply to material or personnel hoists (see Subpart 23-6) nor to cranes and derricks (see Subpart 23-8).

Historical Note

Sec. filed May 30, 1972 eff. June 1, 1972.
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§ 23-9.2 General requirements.

(a) Maintenance. All power-operated equipment shall be maintained in good repair and in proper operating condition at all times. Sufficient inspections of adequate frequency shall be made of such equipment to insure such maintenance. Upon discovery, any structural defect or unsafe condition in such equipment shall be corrected by necessary repairs or replacement. The servicing and repair of such equipment shall be performed by or under the supervision of designated persons. Any servicing or repairing of such equipment shall be performed only while such equipment is at rest.
(b) Operation. (1) All power-operated equipment used in construction, demolition or excavation operations shall be operated only by trained, designated persons and all such equipment shall be operated in a safe manner at all times.

(2) Operators of power-operated material handling equipment shall remain at the controls while any load is being handled.

(c) Loading. Power-operated material handling equipment shall not be loaded in excess of the manufacturer's design live load rating. All loads shall be properly trimmed to prevent dislodgment of any part of such loads during transit.

(d) Protection of moving parts. Gears, belts, sprockets, drums, sheaves and any points of contact between moving parts of power-operated equipment or machines when not guarded by location shall be guarded in compliance with this Part (rule) and with Industrial Code Part (rule) 19.

(e) Refueling. While refueling, the engines of power-operated equipment or machines shall be stopped except for turbo-charged diesel engines which are refueled through a special connection which prevents exposure of the fuel to the atmosphere. Open flames and any spark producing devices shall be kept a safe distance away from any area where engines are being refueled. Persons shall not smoke or carry lighted smoking materials in such area.

(f) Engine exhaust. Steam or exhaust gases from power-operated equipment shall be discharged at a point where such steam or gases will not contaminate the air in a working zone. Such discharges shall be in compliance with any regulations, orders, or laws promulgated by any authority concerned with air pollution.

(g) Equipment at rest. The operators of material handling equipment shall not leave such equipment while loads, buckets or blades are suspended. Any such load, bucket or blade shall be brought to rest on blocks, shall be lowered to the ground, grade or equivalent surface or shall be brought to the lowest end of travel of the equipment.

(h) Roll-over protection required. (1) Roll-over protective structure.

(i) Any new self-propelled earth-moving, excavating or grading equipment or machines, whether mounted on crawlers or wheels, which is sold or offered for sale in New York State after January 1, 1973 shall be equipped with an approved roll-over protective structure when such equipment is used or intended to be used at any location in New York State subject to the provisions of the Labor Law or of this Part (rule). Such equipment shall include: grader; bulldozer; tractor (prime mover) having a manufacturer's rated flywheel horsepower of 50 or more; front end loader with bucket capacity rated by the manufacturer at one cubic yard or more; scraper and off-highway type hauler having capacities rated by the manufacturers at five cubic yards or more.

(ii) Any self-propelled earth-moving, excavating or grading equipment or machines, whether mounted on crawlers or wheels, which has been manufactured after July 1, 1971 and before December 31, 1972, and which is sold or offered for sale in New York State shall be equipped with an approved rollover protective structure by July 1, 1973, when such equipment is used or intended to be used at any location in New York State subject to the provisions of the Labor Law or of this Part (rule).

(iii) Such roll-over protective structure shall be designed, constructed and installed to protect the operator in the event of accidental overturning of such equipment.

(2) Approved seat belt required. Any equipment required by this Part (rule) to have an approved roll-over protective structure shall also be provided with an approved seat belt for each seat. Such seat belt shall be used by the operator whenever the equipment is being operated.

Exception: Tractors with pipe-laying equipment installed are not required to be provided with the roll-over protection.

(i) Riding. Persons shall not ride on the loads, buckets, blades, slings, balls, hooks, or similar parts of power-operated equipment or machines.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-9.3 Conveyors and cableways.

(a) Walkways. Walkways along and adjacent to conveyor belts shall be kept free of materials and shall be unobstructed for their entire length. Where such walkways are located three feet or more above the ground, grade, floor or equivalent surface such walkways shall be provided with a safety railing constructed and installed in compliance with this Part (rule).
(b) Trippers. Where trippers are used to control discharge of materials from conveyors devices for throwing the belt drives into neutral shall be installed at both ends of the runways.

(c) Spillage. Where conveyor belts cross over any sidewalk, street, highway, or any other area where persons may work or pass, trays of sufficient size to catch any spillage from such belts shall be installed.

(d) Overhead protection. Where persons work or pass directly beneath a conveyor, overhead protection in compliance with this Part (rule) shall be provided.

(e) Signal system required. A signal system in compliance with Subpart 23-6 of this Part (rule) shall be used in conjunction with conveyors for starting and stopping and for the raising and lowering of loads.

(f) Riding prohibited. No person shall ride any conveyor belt or the bucket or load handled by any cableway.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-9.4 Power shovels and backhoes used for material handling.

Where power shovels and backhoes are used for material handling, such equipment and the use thereof shall be in accordance with the following provisions:
(a) Strength. Such equipment shall be so constructed, placed and operated as to be stable. Such equipment shall not be stressed beyond their capacities as determined by the manufacturers.

(b) Inspection. (1) Such equipment shall be thoroughly inspected by designated persons at intervals not exceeding three months.

(2) Inspection and repair of each such machine shall be performed with the motor stopped and with the boom lowered and adequately supported.

(3) A written, dated record of the most recent inspection of each such machine shall be made on a form supplied by the commissioner and shall be signed by the designated person making such inspection. Such written record shall be kept on the job site available for examination by the commissioner.

(c) Footing. Firm, level and stable footing shall be provided for each such machine. Where such footing is not otherwise supplied, it shall be provided by substantial timbers, cribbing or other structural members in sufficient numbers and of sufficient size to distribute the load so as not to exceed the safe bearing capacity of the underlying material.

(d) Hoisting mechanism brakes and locking devices. (1) Such equipment shall be provided with brakes or equivalent devices capable of sustaining at rest one and one-half times the maximum rated load.

(2) Hand or foot operated brakes or equivalent devices shall be provided with substantial locking mechanisms to lock such brakes or equivalent devices while they are engaged.

(e) Attachment of load. (1) Any load handled by such equipment shall be suspended from the bucket or bucket arm by means of wire rope having a safety factor of four.

(2) Such wire rope shall be connected by means of either a closed shackle or a safety hook capable of holding at least four times the intended load.

(f) Limitation on modifications. No modifications affecting the load handling capacity of such machines shall be made unless the modification is certified by either the manufacturer of the equipment or by a professional engineer licensed to practice in the State of New York.

(g) Capacity. No load shall be lifted by such equipment that exceeds the maximum load specified by the manufacturer of such equipment.

(h) General operation. (1) Any load lifted by such equipment shall be raised in a vertical plane to minimize swing during hoisting.

(2) Such equipment shall not travel with a suspended load except on surfaces which conform to the requirements of subdivision (c) of this section.

(3) Ignition locks or equivalent means shall be provided to prevent unauthorized use of such equipment.

(4) Unauthorized persons shall not be permitted in the cab or immediately adjacent to any such equipment in operation.

(5) Carrying or swinging suspended loads over areas where persons are working or passing is prohibited.

(6) Operation near power lines or power facilities shall be in compliance with this Part (rule).

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-9.5 Excavating machines.

(a) Footing. Excavating machines shall not be used where unstable conditions or slopes of the ground or grade may cause such machines to tilt dangerously. To prevent such unstable conditions, mats of timber or equivalent means to afford stable footings shall be provided.
(b) Protection of operator. Where an operator of an excavating machine may be exposed to an overhead hazard, such equipment shall be provided with a cab or equivalent cover affording protection against such hazard.

(c) Operation. Excavating machines shall be operated only by designated persons. No person except the operating crew shall be permitted on an excavating machine while it is in motion or operation. No person other than the pitman and excavating crew shall be permitted to stand within range of the back of a power shovel or within range of the swing of the dipper bucket while the shovel is in operation. When an excavating machine is not in use, the blade or dipper bucket shall rest on the ground or grade. The operator of an excavating machine shall not leave the controls of such machine at any time when the master clutch is engaged and the engine is operating. Oiling and greasing shall be performed only while an excavating machine is at rest and the master clutch disengaged. The boom or the bucket, dipper or clamshell of a power shovel shall not pass over the seat or cab of a truck or other vehicle while any person is in such seat or cab.

(d) Operation near power lines or power facilities. The operation of excavating machines near power lines or power facilities shall be in compliance with this Part (rule).

(e) Trenching. Material shall not be pushed manually into the path of trenching machines.

(f) Stopping or parking excavating machines. The operator of any excavating machine shall not leave the controls of such machine until he has lowered the bucket or blade into firm contact with the ground or grade surface.

(g) Backing. Every mobile power-operated excavating machine except for crawler mounted equipment shall be provided with an approved warning device so installed as to automatically sound a warning signal when such machine is backing. Such warning signal shall be audible to all persons in the vicinity of the machine above the general noise level in the area.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-9.6 Aerial baskets.

(a) Equipment inspection. Prior to the use of an aerial basket the operator shall make a daily inspection of the equipment.
(1) Such daily inspection shall include the following:
(i) All attachment welds between the actuating cylinders and the boom or pedestal.

(ii) All pivot pins for security of their locking devices.

(iii) All exposed ropes, sheaves and leveling devices for both excessive wear and security of attachment.

(iv) Hydraulic systems for leaks and excessive wear.

(v) Boom and basket for cracks and abrasions.

(vi) The lubrication and fluid levels.

(2) A test operation of the boom from the ground controls through one complete cycle shall be performed by the operator. The basket controls shall be tested to make sure that they are in proper working order. The truck driver shall test the truck brakes and other automative operating accessories.

(3) A record of such inspection and testing shall be made by the operator. Such record shall be kept on the job site available for examination by the commissioner.

(4) All defects, malfunctions or any other conditions found during such inspection and test which may affect the safe operation of the aerial basket shall be corrected before such aerial basket is placed in operation.

(b) Aerial basket safeguards. (l) Where aerial basket controls are so located that they may come into contact with obstructions, such controls shall be protected by guarding or equivalent protection shall be provided.

(2) The lower controls at ground or grade level shall be capable of overriding the controls located in the basket.

(c) Driving or moving of aerial basket truck. (1) Aerial basket truck drivers and aerial basket operators shall be competent designated persons who have been trained in the operation and use of such equipment.

(2) The instrument panel of the truck cab shall be equipped with an automatic warning device, such as a light or similar device, to warn the driver when the boom is raised.

(3) Driving or moving the aerial basket truck while any person is elevated in the basket is prohibited.

(d) Truck placement. Prior to aerial basket operation, the truck shall be placed only on solid ground or equivalent surface to provide a substantially sound footing for the truck wheels and outriggers. The truck shall be so located that both front and rear axes are approximately horizontal, though they may be at different elevations, so that the truck does not lean sideways. Before the operation of the basket, a person stationed on the ground shall, by signaling, the truck driver, position the truck and maneuver the empty basket into the proper working position. The basket shall then be returned to the ground or cradled in its traveling position. Such person shall also examine the outriggers for proper positioning and truck stability. Before such outriggers are lowered or extended, such person shall make sure that no obstructions or other persons are in the way.

(e) Aerial basket operation. (1) The use of an aerial basket as an anchoring point for a block and tackle, or as a make-shift boom on a straight lift is prohibited.

(2) Aerial basket equipment designed for use as a derrick shall be equipped with an approved boom angle indicator so that the operator will know the boom angle at all times. A capacity chart showing safe loads, boom heights and horizontal reach distances at various boom angles shall be installed next to the operating controls clearly legible to the operator from his operating position.

(3) Before the basket is moved, the operator shall observe the location of all obstructions and any other hazards which may be in the vicinity. The operator shall always face the direction in which the basket is moving or is about to move.

(4) The operation of an aerial basket near power lines or power facilities shall be in compliance with this Part (rule).

(5) All air or oil supply hoses for power tools used from the aerial basket shall be free of any conductive material.

(6) The truck and the aerial basket vehicle shall be adequately grounded at all times when in use or the basket shall be isolated from the truck by insulation.

(7) Where aerial baskets are operated near power lines and power facilities, materials and tools shall not be passed between a person on the ground or grade level and a person in the basket, unless both such persons are wearing high-voltage rubber gloves and other protective equipment, such as rubber sleeves and safety hats or caps. During such use of an aerial basket, persons shall not enter or leave the truck while the boom or basket is near or in contact with electrically energized equipment and no person on the ground or grade level shall be suffered or permitted to touch the truck.

(8) Persons shall enter or leave an aerial basket only when such basket is resting on the ground or grade level or cradled in the traveling position. Persons shall stand clear of the path of the basket and boom when such basket is being lowered. Any movement of the vehicle while persons are elevated in the basket is prohibited.

(9) While persons are in the elevated basket, persons on the ground or grade level shall not enter the area directly beneath such basket except when required by the persons in the basket.

(10) Tools, equipment and materials shall not be thrown from or to the elevated basket.

(11) All tools not in use shall be adequately secured in trays in the baskets, or adequately secured in suitable belt holsters.

(12) Standing on the rim of the basket, placing and standing on boards across the rim of the basket or placing and standing on ladders in the basket is prohibited.

(13) Unless in an emergency situation, or upon request of a person in the aerial basket, the controls to lower the boom shall be operated only by persons in the elevated basket.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-9.7 Motor trucks.

(a) Brake maintenance. The brakes of every motor truck shall be so maintained that such truck with full load may be securely held on any grade that may be encountered in normal use on the job.
(b) Blocks. (1) Provision shall be made to apply wheel blocks to any truck ascending any ramp with a slope steeper than one in 10 to prevent the truck from sliding in case of stall.

(2) No person shall work under the raised body of a dump trunk unless such body is securely blocked to prevent accidental lowering.

(c) Loading. Trucks shall not be loaded beyond their rated capacities and all loads shall be trimmed before the trucks are moved. Loads that are apt to become dislodged in transit shall be securely lashed in place.

(d) Backing. Tracks shall not be backed or dumped in places where persons are working nor backed into hazardous locations unless guided by a person so stationed that he sees the truck drivers and the spaces in back of the vehicles.

(e) Riding. No person shall be suffered or permitted to ride on running boards, fenders or elsewhere on a truck or similar vehicle except where a properly constructed and installed seat or platform is provided.

(f) Dumping. No person shall be located within the body (load-carrying portion) of a truck while the dumping mechanism is being operated.

(g) Cab protector. Dump truck bodies which are loaded by mechanical means shall be equipped with suitable steel cab protectors which cover at least the rear quarter of the tops of such cabs.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-9.8 Lift and fork trucks.

(a) Capacity. A metal plate with legible etched or stamped figures giving the capacity rating in pounds shall be attached to every lift or fork truck. A pouch firmly secured to the truck and containing a document having the following information may be used as a means of identifying the load rating of the truck: truck make, model, serial number, and load rating in pounds.
(b) Overloading prohibited. No lift or fork truck shall be loaded beyond its capacity rating.

(c) Brakes and load-elevating mechanisms. Every power-operated fork and lift truck shall be provided with a lockable brake. The load-elevating mechanism shall be capable of being locked at any elevation.

(d) Hand-lift handles. Every pallet truck having a hand-lift handle shall be provided with an automatic device to retain the raised load and free the handle until it is re-engaged by the operator.

(e) Operating surfaces. No lift or fork truck shall be used on any surface that is so uneven as to make upsetting likely.

(f) Packaged masonry units. No masonry units packaged by means of wire or metal tape shall be handled by a lift or fork truck when any part of such wire or tape binding is broken.

(g) Loose masonry units. Unless palletized masonry units are securely bound in package form, provisions should be made to prevent spillage.

(h) Support of pallets. Loaded pallets shall be kept level at all times. Masonry units used as pallet supports shall be securely lashed to the pallet and shall be of proper quality and number to provide stable footing for the load. Loose material and other unstable supports for pallets shall not be used.

(i) Protection of operator. Every fork lift truck shall be provided with a substantial overhead canopy or screen to protect the operator from falling objects and materials.

(j) Prohibited use. No lift or fork truck shall be in motion when the loaded forks are elevated higher than necessary to clear floor obstructions except as required for positioning to deposit the load.

(k) Riding on forks. No person shall stand or ride on the forks of a moving fork lift truck.

(1) Warning devices. Every power-operated fork lift truck shall be equipped with a horn, whistle, gong or similar warning device which can be actuated by the operator. Such device shall be clearly audible above the normal noise level in the work area.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-9.9 Power buggies.

(a) Assigned operator. No person other than a trained and competent operator designated by the employer shall operate a power buggy.
(b) Defective machines. No power buggy shall be operated unless it is in compliance with this Part (rule) and is in good operating condition.

(c) Mechanical requirements. (1) Stability. Every power buggy shall be so designed and constructed as to withstand without tilting the following:

(i) A 45 degree turn at full rated load and maximum designed forward speed.

(ii) A collision stop against wheel blockage on a level grade at full rated load and one-half maximum designed forward or full reverse speed.

(iii) Lateral traversal of 10 percent grade slopes at full rated load and maximum designed speed.

(2) Braking power. (i) Every power buggy shall be provided with brakes and tire surfaces capable of bringing such buggy to a full stop within 25 feet on a level dry plank surface or frictional equivalent at full rated load and maximum designed speed.
(ii) Brakes shall be capable of being fixed in engagement to hold the full load stationary on a 25 percent grade.

(3) Accidental starting. The controls of every power buggy shall be so arranged, shielded or located that they cannot be accidentally engaged.

(4) Warning devices. Every power buggy except those having maximum speeds of three miles per hour and upon which no person rides shall be equipped with an easily operable horn or other audible warning signal. Such audible horn or other signal shall be capable of being heard above the normal noise level in the area.

(5) Seats and visibility. Every power buggy of the riding type shall be provided with an operator's seat or standing platform designed and secured to prevent slipping off and located that the operator may have maximum practicable driving visibility.

(6) Speed. Every power buggy of the riding type shall be designed or equipped that it cannot travel faster than 12 miles per hour on a level surface.

(d) Operation. (1) Parking on grades. No power buggy shall be left unattended on any grade sufficiently steep to cause such buggy to coast if free of engine and brake resistance.

(2) Prohibited operation. No power buggy shall be operated:
(i) at a speed greater than 12 miles per hour;

(ii) when carrying more than its full rated load;

(iii) on insecure or slippery surfaces or on surfaces so inclined or uneven as to endanger stability;

(iv) on grades steeper than 25 percent; or

(v) on ramps, runways or other surfaces not in compliance with this Part (rule).

(e) Special requirements for runways and ramps. Runways, ramps, platforms and other surfaces upon which power buggies are operated shall conform to the following requirements:

(1) They shall be substantially constructed and securely supported, braced and fastened to prevent movement.

(2) They shall be constructed to sustain without failure at least four times the maximum load for which they are intended.

(3) The minimum width inside of curbs for any ramp, runway or platform for single lane power buggy traffic shall be two feet wider than the outside width of any power buggy operated thereon and two feet wider than twice such buggy width in places where passing or two lane traffic occurs.

(4) Ramps shall be limited to maximum grades of one on four.

(5) All runways shall be substantially level transversely.

(6) Curbs in compliance with this Part (rule) shall be provided along the edges of surfaces upon which power buggies are operated as follows:
(i) Curbs shall be furnished along all edges which are nearer than 10 feet horizontally to the edge of any unenclosed floor area, shaft or other open space into or through which a fall from such surface of more than 24 inches vertically is possible, except as set forth in subparagraph (iii) below.

(ii) Where curbs are not required because the buggy is operated on a surface not over 24 inches above any floor or equivalent surface below, such lower surface shall be strong enough to sustain the loaded power buggy in event of a fall thereon.

(iii) Curbs may be omitted at actual dumping points more than 24 inches above any floor or equivalent surface below if the edge over which the dumping occurs is provided with bumpers or other means which will effectively stop the buggy from running over the edge while dumping.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-9.10 Pile drivers.

(a) Footing. Before placing or advancing a pile driver, the ground shall be inspected and, where necessary for firm and level footing, cribbing or timber mats shall be provided to assure stability for the pile driver. After placing or advancing a pile driver, inspection and correction of the footing shall be made as necessary to maintain such stability.
(b) Inspection. All pile driving equipment shall be inspected daily before the start of work and every defect or unsafe condition shall be immediately corrected before pile driving operations are begun.

(c) Protection of operator. The operator of every pile driver shall be protected from falling objects or materials, steam, cinders and water by a substantial covering.

(d) Qualifications of operators. Each member of the pile driving crew shall be properly instructed in the work he is to perform and the pile driving operation shall be in charge of a trained, designated person who alone shall direct the work and give the operating signals.

(e) Handling of piles. The preparation of the piles shall be done at a safe distance from the driving operation. During the hoisting of piles, all persons not actually engaged in operating the equipment and handling the piles shall be kept from the area.

(f) When not in use. When any pile driver is not in use the hammer shall be chocked or blocked in the leads or lowered to the ground or grade level.

(g) Temporary interruption. The operator of every pile driver shall remain at the controls when the driving is interrupted until the hammer has been chocked or blocked in the leads, or has been lowered and is resting on a driven pile or on the ground.

(h) Steam and air lines. Steam and air hose shall be securely fastened in place at couplings and intermediate points to prevent dangerous whipping of such hose in the event of a break. The control valves for steam and air lines shall be located within easy reach of the operator at his operating position.

(i) Driving plates, cushions and striking heads. Driving plates, cushions and striking heads shall be securely and positively fastened in such manner as to prevent their dislodgment during the driving operations.

(j) Ladders. A ladder extending from the bottom of the leads to the overhead sheaves shall be permanently attached to the structure supporting the leads.

(k) Working platforms. Where a structural tower supports the leads, working platforms consisting of planking at least two inches thick, full size, laid tight shall be provided on all levels of the leads at which it is necessary for persons to work. Such platforms shall be provided with safety railings constructed and installed in compliance with this Part (rule) on all sides, except on the hammer or lead side of the platforms. Where such platforms cannot be provided approved safety belts and lifelines shall be provided.

(l) Mandril support. Mandrils shall be attached to the leads by safety chains or cables to prevent dislodging or falling during connection to piles.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-9.11 Mixing machines.

(a) Charging skips. Each time before raising or lowering a charging skip, the operator shall make sure that no person is located in the danger area. In addition, there shall be a safety railing constructed and installed in compliance with this Part (rule) on both sides of the charging skip so arranged as to prevent passage of any person under the raised skip.
(b) Hoppers. Hoppers into which a person may fall shall be effectively guarded with a substantial iron grating consisting of crossbars of one-half inch round stock or its equivalent, spaced not to exceed five inches between bars. Maximum openings in such grating shall be one square foot in size.

(c) Bucket hoists. Where a falling hazard exists at the point where a mixer discharges into a bucket hoist, such point shall be guarded by location, by a safety railing constructed and installed in compliance with this Part (rule) or by other equivalent means.

(d) Flywheels. Flywheels and power transmission mechanisms shall be kept covered and guarded against accidental contact.

(e) Trough type mixers. The revolving blades of trough or batch type mixing machines shall be guarded with a substantial iron grating consisting of crossbars of one-half inch round stock or its equivalent, spaced not to exceed five inches between bars and located at least five inches above the blades.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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