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3.What about forklifts?

Response: Most if not all forklifts carry the load on forks mounted on the front of the vehicle.  If the driver is traveling in reverse with a full load on the front of the vehicle the load does not impact the determination of whether there is an obstructed view to the rear of the forklift.

4.What about rollers, including asphalt rollers and rubber tire rollers, including skid steer loaders.  

Response: Rollers would typically not be considered to have an obstructed view to the rear because the operator can normally turn his head and look behind his vehicle through an opening in his cab – in fact many rollers don’t even have a cab, so there could be no obstruction that could interfere with the driver’s ability to look  behind the vehicle as he was traveling in reverse. Rubber tire loaders as well normally have a glass enclosed cab that allows the driver to turn his head and look out the rear view window, so such vehicles would not normally be considered to have an obstructed view to the rear. Skid steer loaders, depending on the design, may or may not be considered to have an obstructed view to the rear, depending on the location of the driver’s seat and any rear view window that the driver can look out of.

5.What about scrapers?

Response: Without any photos or video to view, the Department would consider many scrapers and many open cab construction vehicles to not have an obstructed view to the rear and not be covered by the standard because the driver can see directly behind the vehicle at ground level by looking through a rear view mirror, or by turning around and looking out the rear window/opening. In addition, according to federal OSHA interpretations, vehicles with rotating cabs are not considered to have an obstructed view to the rear since the operator can rotate the cab in the direction he is traveling.

6.If a back-up alarm is not working on a covered vehicle before it enters a worksite, can the general contractor refuse to allow the vehicle to enter until the alarm is fixed?

Response:  The regulation provides in 16 VAC 25-97-30.C:

C.   Where immediate correction is not feasible, covered vehicles equipped with a reverse signal alarm that is not operational or is not functioning properly shall be either:

1.  operated in reverse only when a designated observer or ground guide signals that it is safe to do so; or

2. removed from service until the reverse signal alarm is repaired.

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