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Subchapter 7. General Industry Safety Orders
§3205.4. COVID-19 Prevention in Employer-Provided Transportation to and from Work.
(a) Scope. This section applies to employer-provided motor vehicle transportation to and from work, which is any transportation of an employee, during the course and scope of employment, provided, arranged for, or secured by an employer including ride-share vans or shuttle vehicles, car-pools, and private charter buses, regardless of the travel distance or duration involved. Subsections (b) through (g) apply to employer-provided transportation. The following exceptions apply:
(1) This section does not apply if the driver and all passengers are from the same household outside of work, such as family members.
(2) This section does not apply to employer-provided transportation when necessary for emergency response, including firefighting, rescue, and evacuation, and support activities directly aiding response such as utilities, communications, and medical operations.
(b) Assignment of transportation. Employers shall prioritize shared transportation assignments in the following order:
(1) Employees residing in the same housing unit shall be transported in the same vehicle.
(2) Employees working in the same crew or worksite shall be transported in the same vehicle.
(3) Employees who do not share the same household, work crew or worksite shall be transported in the same vehicle only when no other transportation alternatives are possible.
(c) Physical distancing and face coverings. Employers shall ensure that:
(1) Physical distancing and face covering requirements of subsection 3205(c)(6) and (c)(7) are followed for employees waiting for transportation.
(2) The vehicle operator and any passengers are separated by at least three feet in all directions during the operation of the vehicle, regardless of the vehicle's normal capacity.
(3) The vehicle operator and any passengers are provided with and wear a face covering in the vehicle as required by subsection 3205(c)(7).
(d) Screening. Employers shall develop, implement, and maintain effective procedures for screening and excluding drivers and riders with COVID-19 symptoms prior to boarding shared transportation.
(e) Cleaning and disinfecting. Employers shall ensure that:
(1) All high-contact surfaces (door handles, seatbelt buckles, armrests, etc.) used by passengers are cleaned and disinfected before each trip.
(2) All high-contact surfaces used by drivers, such as the steering wheel, armrests, seatbelt buckles, door handles and shifter, shall be cleaned and disinfected between different drivers.
(3) Employers shall provide sanitizing materials and ensure they are kept in adequate supply.
(f) Ventilation. Employers shall ensure that vehicle windows are kept open, and the ventilation system set to maximize outdoor air and not set to recirculate air. Windows do not have to be kept open if one or more of the following conditions exist:
(1) The vehicle has functioning air conditioning in use and the outside temperature is greater than 90 degrees Fahrenheit.
(2) The vehicle has functioning heating in use and the outside temperature is less than 60 degrees Fahrenheit.
(3) Protection is needed from weather conditions, such as rain or snow.
(4) The vehicle has a cabin air filter in use and the U.S. EPA Air Quality Index for any pollutant is greater than 100.
(g) Hand hygiene. Employers shall provide hand sanitizer in each vehicle and ensure that all drivers and riders sanitize their hands before entering and exiting the vehicle. Hand sanitizers with methyl alcohol are prohibited.
1. New section filed 11-30-2020 as an emergency; operative 11-30-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2020, No. 49). A Certificate of Compliance must be transmitted to OAL by 10-1-2021 or emergency language will be repealed by operation of law on the following day.