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PART 43 COIN-OPERATED MACHINES

COIN-OPERATED MACHINES

(Statutory authority: Labor Law, §§21, 25, 27, 27-a, 29, 202-d)

Sec.
43.1    Finding of necessity
43.2    Title and citation
43.3    Application
43.4    Definitions
43.5    General safety requirements
43.6    Moving parts
43.7    Fixed enclosures
43.8    Sharp projections or edges
43.9    Firm installation
43.10  Electrical wiring and components
43.11  Insulation and grounding
43.12  Tripping hazard
43.13  Slipping hazards
43.14  Hot surfaces
43.15  Dry cleaning machines -- general requirements
43.16  Dry cleaning machines -- ventilation
43.17  Dry cleaning machines -- solvent and residue handling
43.18  Dry cleaning machines -- attendants and notices
43.19  Plastic injection molding machines
43.20  Car washing machines
43.21  Laundry washing machines
43.22   Laundry dryers
43.23  Presses
43.24  Inspections
43.25  Severability

Historical Note

              Part (§§43.1-43.24) filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.1  Finding of necessity.

The board finds that this Part (rule) governing the construction, maintenance, use and operation of coin-operated machines which perform a manufacturing process is necessary for the protection of the lives, health and safety of employees and of persons lawfully using such machines.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.2  Title and citation.

Within and for the purposes of the Department of Labor this Part (rule) may be known and cited as Industrial Code Rule No. 43, in full or by abbreviation, as an alternative and without prejudice to its designation and citation established by the Secretary of State.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.3  Application.

This Part (rule) applies throughout the State of New York exclusively to coin-operated machines which perform or are used to perform any manufacturing process, and to the manufacturers, owners and operators thereof, and to the places in which such machines, are exposed for operation.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.4  Definitions.

     (a)   Air contaminants.   Airborne substances, such as dusts, fibers, fumes, gases, mists, vapors and other impurities.

     (b)   Approved.   In respect to a device or material: in compliance with a subsisting resolution of approval adopted by the board; in respect to action by the board: made the subject of a resolution of approval.

     (c)   Board.   The Board of Standards and Appeals of the State of New York.

     (d)   Coin.   (1) A piece of metal issued and authorized by the United States for use as money.


     (2)  A piece of material so designed and constructed that when inserted into a receptacle it actuates a coin-operated machine or makes it available for actuation.


     (e)   Coin-operated machine.   A machine designed and constructed to perform or to be used to perform a manufacturing process when actuated or made available for actuation by the insertion into a receptacle of a coin or combination of coins. The term includes all parts, components and accessories of the machine.

     (f)   Commissioner.   The Industrial Commissioner of the State of New York.

     (g)   Customer.   A person making normal use of a machine; a customer of the establishment or place where a machine is installed.

     (h)   Dangerous air contaminants.   Air contaminants in quantities tending to injure health, or creating a fire or explosion hazard, or existing in quantities greater than 25 percent of the lower explosive level of any mixture or compound which they may form.

     (i)   Dry cleaning machine.   A machine which performs or may be used to perform a process for cleaning materials by the use of solvents or substances other than water or water-soluble substances.

     (j)   Machine.   A coin-operated machine.

     (k)   Manufacturing process.   A process whereby any article or thing is made, altered, repaired, finished, bottled, canned, cleaned, laundered, pressed or dried, in whole or in part.

     (l)   Normal operation.   Operation for performance of a manufacturing process.

     (m)   Owner.   Of a machine: any person having the right to possess it.

     (n)   Work atmosphere.   The atmosphere to which an employee is exposed in the course of performing his work.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.5  General safety requirements.

     (a)  Every machine shall be so constructed, maintained used and operated as to provide reasonable and adequate protection to the lives, health and safety of employees and of all persons lawfully using it.

     (b)  The owner of a machine shall not suffer or permit it to be used when it or its place of operation is defective or unsafe.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.6  Moving parts.

Moving parts which can be demonstrated to be capable of causing injury if touched while in motion incidental to normal operation shall be so located or enclosed that they cannot be touched while their motion is sufficient to cause injury. Protecting enclosures shall be of substantial construction.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.7  Fixed enclosures.

All required enclosures not necessarily open or openable in the course of normal use of the machine by a customer shall be of substantial construction, firmly and securely fastened, and removable or openable only with the use of keys or tools.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.8  Sharp projections or edges.

All parts of a machine that may come in contact with an employee or other person in the course of normal operation shall be free from sharp projections or edges.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.9  Firm installation.

A machine shall be installed on a firm and substantial base and, unless rendered stable by its weight, design or method of installation, shall be securely fastened in place by means requiring the use of tools for loosening or removing.   back

Historical Note

              Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.10  Electrical wiring and components.

Electrical wiring in or about a machine shall be of good quality and shall be properly installed. Insulation shall be resistant to moisture and of such quality and dimensions as to prevent short circuits. All electrical components shall be designed and constructed to function safely under the voltage imposed and to be protected from interference by unauthorized persons. Fuse boxes shall be locked if accessible to the public. No voltage shall be imposed greater than the maximum for which the components were designed.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.11  Insulation and grounding.

A machine utilizing electric current for any purpose shall be so constructed that any part or point which may be touched by an employee or other person when the machine is exposed for normal operation shall be either effectively insulated and protected or electrically grounded. Resistance to ground shall not exceed 25 ohms.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.12  Tripping hazard.

The owner of a machine exposed for normal operation shall not suffer or permit any floor or other areas open to occupation or traversal by employees or other persons to be obstructed by pipes, hose, cables, wiring or projections, nor to have protruding nails, splinters, holes, depressions or loose or broken surfaces likely to cause tripping.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.13  Slipping hazards.

The owner of a machine shall not suffer or permit any floor surface open to occupation or traversal by employees or other persons to be polished or coated with a slippery substance or to be otherwise in a slippery condition.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.14  Hot surfaces.

Surfaces of a machine which in normal operation may become heated to a temperature of 150 degrees Fahrenheit or more shall be so located or covered that they are not normally exposed to contact. This general requirement does not apply to machine surfaces necessarily heated and exposed for performance of the designed process, but no such surface shall be heated to a temperature greater than 360 degrees Fahrenheit nor exposed to an unnecessary extent.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.15  Dry cleaning machines -- general requirements.

     (a)   Approval required.   No dry cleaning machine shall be installed or reinstalled after March 1, 1966 unless it is approved, nor shall any dry cleaning machine installed or reinstalled after March 1, 1966 be exposed for operation unless it is approved.

     (b)   Installation plans.   After March 1, 1966 any installation or material change of installation of a dry cleaning machine shall be made only in accordance with plans and specifications accepted as sufficient by the commissioner. Plans and specifications shall show:


     (1)  Building address and location of the machine in the building;

     (2) Manufacturer's name;

     (3) Machine model designation;

     (4)  Types of solvents to be used;

     (5)  Details of proposals for compliance with this Part (rule);

     (6)  Details of proposals for compliance with relevant provisions of Industrial Code Parts 12 and 18 (Industrial Code Rules Nos. 12 and 18);

     (7)  Such further information as may be specifically required by the commissioner to determine whether the proposed installation or change may endanger the lives, health or safety of employees or other persons.


     (c)   Service areas.   (1) Service area required. A service area shall be provided for servicing and maintenance.


     (2)  Enclosures and openings. A service area shall be separated by a solid enclosure from all areas open to customers, except where necessary for access and ventilation. Access openings shall be kept tightly closed when not in actual use and ventilation openings shall be so arranged as to prevent the intermixture of the atmospheres of the service and customer areas.

     (3)  Ventilation. A service area shall be mechanically ventilated so as to prevent the formation of dangerous air contaminants in the work atmosphere.

     (4)  Admission. No owner shall suffer or permit a customer or other unauthorized person to enter a service area.

     (5)  Floors. The floor of a service area shall be impervious to the solvents used and to water. The service area floor beneath each machine or group of machines shall be curbed to a height sufficient to retain the entire volume of solvent or solution in the machine or group of machines within the service area. Each curbed area shall be provided with adequate means for drainage which will prevent flow into the customer area. Machines equipped with catch basins may warrant variation from this curbing requirement upon application to the board.

     (6)  Flames, etc. Flames and surfaces hotter than 750 degrees Fahrenheit are prohibited in a service area unless sealed from all contact with the atmosphere therein.


     (d)   Containment of air contaminants.   A dry cleaning machine shall be so constructed and shall operate in such a manner that no dangerous air contaminants resulting from its operation are released into any occupied area.

     (e)   Loading doors.   Loading doors shall be so interlocked and arranged that the machine cannot operate unless the door is firmly closed and so that the door cannot be released by the user until the operating cycle has been completed. Such doors shall be airtight when closed.

     (f)   Drying.   The drying part of the operating cycle shall continue for such time and under such conditions that solvent and solvent vapors are removed from the cleaned materials to the extent that no dangerous air contaminants are caused in the atmosphere of the customer area by or upon removal of the materials.

     (g)   Gas heated appliances.   Gas heated appliances in a room where a dry cleaning machine is located shall be properly vented to outdoors by pipes or ducts of rigid and corrosion-resistant material.

     (h)   Spotting solvents.   Spotting solvents other than aqueous solutions shall not be used or provided in an area where a dry cleaning machine is located.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.16  Dry cleaning machines -- ventilation.

     (a)  Each room in which a dry cleaning machine is installed shall have normal mechanical ventilation by means of an exhaust system having its intake opening substantially at floor level and capable of providing ventilation rates as follows:


Number of machines

     

Minimum ventilation rate
     per machine -- cfm

1 to 4

          

250

5 to 8

          

200

9 to 16

          

150

over 16

          

100


     (b)  Addition to the normal mechanical ventilation above required, there shall be installed in each service area a fan or other exhaust system reserved for and capable of being operated in an emergency and affording a ventilation rate per machine of 500 cfm in combination with the maximum rate of the normal system.

     (c)  At all times when a dry cleaning machine is available for normal operation, mechanical ventilation shall be maintained sufficient to prevent formation of dangerous air contaminants in any room or area in which the machine is wholly located or partly located.

     (d)  The flow of ventilation shall be from the normal outdoor atmosphere to the customer area and thence through the service area to outdoors, discharging in such place and manner as to prevent recirculation into the customer area.

     (e)  Ventilation fans shall be operable regardless of operation of machines.

     (f)  A minimum inward velocity of 100 lfm shall be maintained through all open loading doors.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.17  Dry cleaning machines -- solvent and residue handling.

     (a)  No solvents shall be stored or used other than those identified in the accepted installation plans and specifications.

     (b)  Solvents shall be stored only in appropriately labeled and tightly closed containers of substantial and durable construction and not exceeding 55 gallons capacity.

     (c)  The transfer of solvents by use of pails or similar open containers is prohibited.

     (d)  Filter and other residues and sludges stored pending safe disposal shall be kept in tightly covered leakproof containers not exceeding 55 gallons capacity.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.18  Dry cleaning machines -- attendants and notices.

     (a)  If an attendant is provided, he shall be instructed in the proper operation of the installed machines and proper procedure in event of solvent spillage or gas discharge.

     (b)  Addresses and telephone numbers at which the owner or the attendant, if any, may be reached in any emergency shall be conspicuously posted.

     (c)  Instructions for normal operation shall be posted on or near each machine.

     (d)  A notice shall be posted on or near each machine warning that cleaned garments or materials retaining the odor of the cleaning solvent may be harmful if placed in a small enclosed space such as an automobile.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 45.19  Plastic injection molding machines.

Plastic injection molding machines shall have complete and substantial enclosures for all electrical, mechanical, heating, hydraulic and pneumatic systems and shall not expose to contact any object so hot as to cause injury.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 45.20  Car washing machines.

     (a)  Car washing electrical machines shall have complete and substantial enclosures for all electrical, mechanical, hydraulic and pneumatic systems.

     (b)  Car washing machine parts which are intended to be handled or used by a customer shall not utilize an electrical circuit potential exceeding 25 volts. Such devices shall be properly insulated.

     (c)  Pressure lines intended to be used by customers shall have safety valves.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.21  Laundry washing machines.

After March 1, 1967 a washing machine of the front-loading type which has its loading port door at such a location that hot water may be discharged if the door is opened shall be provided with a device to prevent opening of the door unless the water level is below the bottom of the port.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.22  Laundry dryers.

A machine for drying laundry shall have its loading port fitted with a door so arranged that opening the same more than four inches at any point disconnects the power to moving parts which are exposed when the door is fully open.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.23  Presses.

Presses may not be operated by customers except in the presence and under the supervision of an attendant who has been instructed in their safe operation.   back

Historical Note

                Sec. filed Dec. 16, 1965 eff. March 1, 1966.

§ 43.24  Inspections.

The commissioner shall require the inspection of all coin-operated machines subject to the application of this Part, and all places in which such machines are exposed for operation, at such times as he or she finds necessary for the protection of the lives, health and safety of employees and of persons lawfully using such machines.   back

Historical Note

                Sec. filed Dec. 16, 1965; renum. 43.25, new filed: April 15, 1991 as emergency measure; July 12, 1991 as emergency measure; Aug. 20, 1991 eff. Sept. 4, 1991.

§ 43.25  Severability.

If any provision of this Part (rule) or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Part (rule) which can be given effect without the invalid provision or application, and to this end, the provisions of this Part (rule) are declared to be severable.   back

Historical Note

                Sec. added by renum. 43.24, filed: April 15, 1991 as emergency measure; July 12, 1991 as emergency measure; Aug. 20, 1991 eff. Sept. 4, 1991.

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