30 CFR § 56.9300
Berms or guardrails.
SAFETY DEVICES, PROVISIONS, AND PROCEDURES FOR ROADWAYS,
RAILROADS, AND LOADING AND DUMPING SITES
(a) Berms or guardrails shall be provided and maintained on the banks
of roadways where a drop-off exists of sufficient grade or depth to cause a
vehicle to overturn or endanger persons in equipment.
(b) Berms or guardrails shall be at least mid-axle height of the
largest self-propelled mobile equipment which usually travels the
(c) Berms may have openings to the extent necessary for roadway
(d) Where elevated roadways are infrequently traveled and used only
by service or maintenance vehicles, berms or guardrails are not required when
all of the following are met:
(1) Locked gates are installed at the entrance points to
(2) Signs are posted warning that the roadway is not
(3) Delineators are installed along the perimeter of the
elevated roadway so that, for both directions of travel, the reflective
surfaces of at least three delineators along each elevated shoulder are
always visible to the driver and spaced at intervals sufficient to indicate
the edges and attitude of the roadway.
(4) A maximum speed limit is posted and observed for the
elevated unbermed portions of the roadway. Factors to consider when
establishing the maximum speed limit shall include the width, slope and
alignment of the road, the type of equipment using the road, the road
material, and any hazardous conditions which may exist.
(5) Road surface traction is not impaired by weather
conditions, such as sleet and snow, unless corrective measures are taken to
(e) This standard is not applicable to rail beds.
[53 FR 32520, Aug. 25, 1988, as amended at 55 FR 37218, Sept. 7, 1990]