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any drivers who have not been trained. Again, extra expense for the contractor with very little improvement in jobsite safety.

Response:  With regard to the concern that vehicle owner-operators or UPS drivers making deliveries to jobsites, there some jurisdictional issues. If the owner/operator is a sole owner of the company (not incorporated, not a partnership), and has no employees, then VOSH laws, standards and regulations do not apply. While VOSH does have a multi-employer worksite citation policy, it does not use it to enforce against a general contractor training provisions for employees of subcontractors.  So, if the sole-ownership vehicle operator/owner was not trained in the regulation, VOSH would not cite the general contractor for that lack of training.

10.What about personal liability for operators when they make a determination that no employees are in the path of the covered vehicle. While they may not be subject as an individual to a VOSH citation, will they be assuming some potential liability.”

Response: Language in 16 VAC 25-97-30.A.2.b. (“Before operating the covered vehicle in reverse, the driver visually determines that no employee is in the path of the covered vehicle.”), is based on a current provision from the federal OSHA Logging Standard, 1910.266. The Department is not aware of any liability issues with regard to the Logging Standard provision that did not already exist in statutory or common law. If an accident occurs “off road” then VOSH regulations will apply as will existing Workers’ Compensation laws and regulations. If an accident occurs on the highway or a street, the same laws and regulations will apply, along with existing traffic regulations that are enforced by police and sheriff’s department around the state.

11.Will the Department use the “retrofit” language in 16 VAC 25-97-30.B to mandate that all trucks operating in Virginia that do not currently have a back-up alarm be retrofitted with one?

Response: The language referred to provides:

“Covered vehicles that were not equipped with a reverse-signal alarm upon manufacture or were not later retrofitted with an alarm are exempt from subdivision A.1 of this section.  If the manufacturer of the covered vehicle offered the employer a reverse signal alarm retrofit package at a reasonable and economically feasible cost and the employer did not have the retrofit package installed, this exemption does not apply.”

The Department will not use this provision to mandate retrofitting of all trucks with back-up alarms.  The only trucks that would be subject to this provision are where the Department can prove that not only was there a retrofit package available from the specific manufacturer of the vehicle, but that it was specifically offered to the individual employer for the specific vehicle, and that the employer refused it. The above requirements pose a very difficult standard of proof to meet in a courtroom, and any use

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