R 408.40115 Employer responsibilities generally.

Rule 115. (1) An employer shall identify as unsafe a machine, powered tool, or piece of equipment that is damaged or defective. The machine, tool, or equipment shall be locked out, made inoperable, or be physically removed from the jobsite. (2) An employer shall not permit any of the following: (a) The use of damaged or defective machinery, tools, materials, or equipment that could create a hazard. (b) The operation of machinery, equipment, and special tools, except by a qualified employee. (c) An employee other than the operator to ride any piece of moving equipment not covered by a specific standard, unless there is a seat or other safety feature provided for use by the employee. Acceptable safety features may include a guardrail, enclosure, or a seat belt. (3) An employer shall not knowingly permit an employee to work while under the influence of intoxicating beverages or substances which could impair the employee's ability to perform a task in a safe manner. (4) Employees not specifically covered by Construction Safety Standard Part 16 “Power Transmission and Distribution,” Construction Safety Standard Part 17 “Electrical Installations,” or Construction Safety Standard Part 30 “Telecommunications,” as referenced in R 408.40105, shall not be allowed by the employer to work or be closer to energized electrical line, gear, or equipment exposed to contact than the minimum clearance prescribed in table 1. (5) Table 1 reads as follows: TABLE 1 VOLTAGE MINIMUM EMPLOYEE CLEARANCE To 50 kv 10 ft. Over 50 10 ft. + .4 inch per kv (6) An employer shall comply with all the rules of this part.