Section 3702 - Transporting Employees(a) Trucks and buses used primarily or regularly for the transportation of employees shall meet the following requirements: (1) be constructed or accommodated for that purpose,(2) be equipped with seats adequately secured in place, and(3) have at least a 46 inch high rail or enclosure on the sides and back of the vehicle to prevent falls from the vehicle.(b) On every motor vehicle used for the transportation of employees the lamps, brakes, horn, mirrors, windshields, turn signals, and other equipment affecting the safety of passengers shall be kept in good repair.(c) Every motor vehicle used primarily for the transportation of employees shall be equipped with handholds, adequate steps, stirrups, or other similar devices so placed and arranged that the employees can safely mount or dismount the vehicle.(d) On every bus (truck-type) used primarily for the transportation of workers, seats with backrests shall be provided with a minimum of 18 inches of seat space for each passenger. Where seating is face to face, the aisle between the seats facing each other shall be 24 inches wide at the narrowest point. Seats shall be: (1) Not less than 15 inches or more than 19 inches above the floor;(2) At least 10 inches deep;(3) Equipped with backrests extending to a height of at least 36 inches above the floor.(e) Vehicles when being used for the transportation of employees shall not carry explosives, injurious pesticides, or substances with a flashpoint of below 150 degrees Fahrenheit, as determined by the Tagliabue open cup method, unless such substances are carried in properly designed safe containers outside the driver or occupied passenger compartments.(f) Every truck or bus primarily used for the transportation of employees shall be equipped with 3 approved reflector flares for use in the event of an emergency or breakdown.(g) Every truck or bus primarily used for the transportation of employees shall be equipped with an approved fully charged and operable fire extinguisher. An Underwriters'-Laboratory-approved dry-chemical extinguisher of not less than 4 pounds or other extinguisher with not less than 4B:C rating shall be deemed to meet the minimum requirements. Drivers shall be advised of the location and type of extinguisher used and instructed in its operation.(h) Farm Labor Vehicles shall be equipped at each passenger position with a Type 1 or Type 2 seatbelt assembly, conforming to the specifications set forth in Section 571.209 of Title 49 of the Code of Federal Regulations, which is hereby incorporated by reference. Each seatbelt assembly shall be anchored to the vehicle in a manner that conforms to the specifications set forth in Section 571.210 of Title 49 of the Code of Federal Regulations, which is hereby incorporated by reference. The driver and each passenger shall be properly restrained while the vehicle is operated.(i) Vehicles used primarily for the transportation of employees in which the driver and passenger compartments are separate shall be provided with a means by which the passengers can readily communicate with the driver. Such a system may include buzzers, speaker horns, or other means.(j) The passenger carrying capacity of trucks and buses primarily used to transport employees shall be conspicuously marked on the outside of the vehicle near the door or entrance. Employers shall not allow the number of passengers to exceed the posted limit.(k) Sharp edged tools shall not be carried in the passenger compartment of trucks and buses primarily used for the transportation of workers unless properly sheathed or placed in covered boxes or containers, and all other tools, equipment, or other materials carried in the passenger compartment of such vehicles shall be secured to the body of the vehicle. In no event shall they be carried in the aisles.(l) The exhaust system of every vehicle shall extend beyond the rear or side of the body, and shall terminate in such manner that the exhaust gases shall not enter the passenger compartment.(m) The interior of the passenger carrying space shall be kept in good condition and free of inwardly protruding nails, screws, splinters, or other objects likely to be hazardous to passengers. All steps, stirrups, seats, handholds, doors, and other accessories shall be kept in good repair. Broken glass shall be removed and replacement glass shall be of the safety type.(n) All conventional buses or crew trucks having an enclosed seating capacity of seven or more employees shall be provided with an emergency exit remotely located from the normal means of entrance. NOTE: Enclosed means equipped with side enclosures over 50 inches high, or where clearance between the upper edge of the side enclosures and the top is less than 30 inches, or where vertical roof supports are spaced less than 30 inches apart.
(o) All emergency exits required by (n) shall conform to the following minimum specifications: (1) Exit doors shall be capable of being opened outward from both the interior and exterior of the vehicle.(2) Side emergency single-panel doors shall not be hinged on the rear edge.(3) The exit doors shall be equipped with positive-locking devices to keep them closed, but of a type which can be readily opened in an emergency.(4) No obstruction shall be placed over the handle of an emergency door other than a clear-plastic-type cover.(5) All interior emergency exit controls shall be installed so that they may be operated by the passengers within the vehicle.(6) A sign reading "Exit" shall be painted on the exterior and interior of the emergency exit. Such signs shall be made in English and in the language of the workers currently being transported.(7) All emergency exit doors shall provide an unobstructed opening of not less than 7 square feet with a minimum width dimension of 24 inches.(8) Rear emergency windows shall provide an unobstructed opening of not less than 16 inches by 54 inches. The windows shall be designed to insure against accidental closing in an emergency.(9) No part of a seat shall be a part of or attached to an emergency door.(10) Every passenger shall have ready access to at least one emergency exit. The aisle between the seats leading to an emergency exit shall provide a clear and unobstructed passageway of not less than 11 1/2 inches, and shall not be restricted by any post, wheelhousing, jump seats, or other obstruction.(p) Regular entrance and exit doors to the passenger compartments, other than the driver's cab on trucks and buses, shall have an unobstructed opening not less than 24 inches wide and, where possible, 60 inches high.(q) Where chains or cables are used in lieu of doors on regular means of entrance or exit, the chains or cables shall be securely attached on each side of the opening and be equipped with a quick-release mechanism.(r) Employees shall not be transported in the back of flat-bed trucks, pickups, or dump trucks unless the following is complied with: (1) The employees shall sit on the truck bed.(2) Barriers or guardrails shall be erected around the perimeter of the truck bed to prevent employees from falling.(3) Pickup tailgates shall be closed, or equivalent closure provided.(4) Dump truck body shall have the body secured or the hoist lever locked, and tailgates shall be closed.(5) Employees shall not ride on the top of side rails, top of cabs, running boards, fenders, the hood, or with their legs hanging over the end or sides. EXCEPTION: A limit of two employees may be permitted to ride on beds of trucks that do not comply with (2), (3), and (4) above provided they stand or sit immediately behind the cab, holding on to suitable grabirons which are rigidly fastened to the truck.
Cal. Code Regs. Tit. 8, § 3702
1. Amendment of subsections (a), (c), (d), (f)-(m), (p) and (q) filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).
2. Amendment of subsection (i) filed 4-22-98; operative 5-22-98 (Register 98, No. 17).
3. New subsection (h), subsection relettering and amendment of newly designated subsection (o) filed 6-20-2002; operative 7-20-2002 (Register 2002, No. 25). Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
1. Amendment of subsections (a), (c), (d), (f)-(m), (p) and (q) filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).
2. Amendment of subsection (i) filed 4-22-98; operative 5-22-98 (Register 98, No. 17).
3. New subsection (h), subsection relettering and amendment of newly designated subsection (o) filed 6-20-2002; operative 7-20-2002 (Register 2002, No. 25).