N.Y. Comp. Codes R. & Regs. tit. 12 § 23-9.2 : DEPARTMENT OF LABOR — Industrial Board Of Appeals — The Industrial Code — Protection In Construction, Demolition And Excavation Operations —9 - Power-operated Equipment —9.2 - General requirements

(a) Maintenance. All power-operated equipment shall be maintained in good repair and in proper operating condition at all times. Sufficient inspections of adequate frequency shall be made of such equipment to insure such maintenance. Upon discovery, any structural defect or unsafe condition in such equipment shall be corrected by necessary repairs or replacement. The servicing and repair of such equipment shall be performed by or under the supervision of designated persons. Any servicing or repairing of such equipment shall be performed only while such equipment is at rest.

(b) Operation.

(1) All power-operated equipment used in construction, demolition or excavation operations shall be operated only by trained, designated persons and all such equipment shall be operated in a safe manner at all times.

(2) Operators of power-operated material handling equipment shall remain at the controls while any load is being handled.

(c) Loading. Power-operated material handling equipment shall not be loaded in excess of the manufacturer's design live load rating. All loads shall be properly trimmed to prevent dislodgment of any part of such loads during transit.

(d) Protection of moving parts. Gears, belts, sprockets, drums, sheaves and any points of contact between moving parts of power-operated equipment or machines when not guarded by location shall be guarded in compliance with this Part (rule) and with Industrial Code Part (rule) 19.

(e) Refueling. While refueling, the engines of power-operated equipment or machines shall be stopped except for turbo-charged diesel engines which are refueled through a special connection which prevents exposure of the fuel to the atmosphere. Open flames and any spark producing devices shall be kept a safe distance away from any area where engines are being refueled. Persons shall not smoke or carry lighted smoking materials in such area.

(f) Engine exhaust. Steam or exhaust gases from power-operated equipment shall be discharged at a point where such steam or gases will not contaminate the air in a working zone. Such discharges shall be in compliance with any regulations, orders, or laws promulgated by any authority concerned with air pollution.

(g) Equipment at rest. The operators of material handling equipment shall not leave such equipment while loads, buckets or blades are suspended. Any such load, bucket or blade shall be brought to rest on blocks, shall be lowered to the ground, grade or equivalent surface or shall be brought to the lowest end of travel of the equipment.

(h) Roll-over protection required.

(1) Roll-over protective structure.

(i) Any new self-propelled earth-moving, excavating or grading equipment or machines, whether mounted on crawlers or wheels, which is sold or offered for sale in New York State after January 1, 1973 shall be equipped with an approved roll-over protective structure when such equipment is used or intended to be used at any location in New York State subject to the provisions of the Labor Law or of this Part (rule). Such equipment shall include: grader; bulldozer; tractor (prime mover) having a manufacturer's rated flywheel horsepower of 50 or more; front end loader with bucket capacity rated by the manufacturer at one cubic yard or more; scraper and off-highway type hauler having capacities rated by the manufacturers at five cubic yards or more.

(ii) Any self-propelled earth-moving, excavating or grading equipment or machines, whether mounted on crawlers or wheels, which has been manufactured after July 1, 1971 and before December 31, 1972, and which is sold or offered for sale in New York State shall be equipped with an approved rollover protective structure by July 1, 1973, when such equipment is used or intended to be used at any location in New York State subject to the provisions of the Labor Law or of this Part (rule).

(iii) Such roll-over protective structure shall be designed, constructed and installed to protect the operator in the event of accidental overturning of such equipment.

(2) Approved seat belt required. Any equipment required by this Part (rule) to have an approved roll-over protective structure shall also be provided with an approved seat belt for each seat. Such seat belt shall be used by the operator whenever the equipment is being operated.

Exception:Tractors with pipe-laying equipment installed are not required to be provided with the roll-over protection.

(i) Riding. Persons shall not ride on the loads, buckets, blades, slings, balls, hooks, or similar parts of power-operated equipment or machines.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 23-9.2