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January 21, 1987
| MEMORANDUM FOR: |
ROGER CLARK |
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Regional Administrator |
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| FROM: |
JOHN B. MILES, JR., Director |
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Directorate of Field Operations |
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| SUBJECT: |
Interpretation of 29 CFR 1926.602(a)(9)(ii) |
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This is in reply to your memorandum (ARA/TS STD 3-13) requesting a written
interpretation of the term "obstructed view to the rear" relative to use of
back-up alarms of earthmoving and compacting equipment.
A simple interpretation would be "anything" that would "blockout"
(interfere) with the overall view of the operator of the vehicle to the rear
of the vehicle, at ground level.
"Obstructed view to the rear" could include such obstacles as any part of
the vehicle such as structural members, its load (gravel, dirt, rip-rap), its
height relative to ground level viewing, damage to windows or side mirrors,
etc. used for rearview movement of the vehicle; in addition, it could include
restricted visibility due to weather conditions such as heavy fog; or work
being done after dark, without proper lighting.
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