DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
POLICY AND PROCEDURES MANUAL
ORDER PROHIBITING USE
Issue Date: 3/1/87
Revised: 8/1/94, 11/14/00
AUTHORITY: California Labor Code Sec. 6325, 6326 and 6327.
POLICY: It is the policy of the Division of Occupational Safety and Health to determine the presence of a dangerous workplace condition or practice which constitutes an imminent hazard to employees, to warn the employer and the employees about the presence of an imminent hazard, and to prohibit entry into the place of employment, or any part thereof, containing the imminent hazard, or prohibit use of a machine, device, apparatus or equipment which constitutes an imminent hazard.
A. ORDER PROHIBITING USE (Cal/OSHA FORM 8) AND "YELLOW TAG" (FORM S-172)
Compliance personnel shall evaluate all hazards which are observed during the course of any inspection or investigation in any place of employment to determine whether any of the hazard(s) constitute an imminent hazard.
An imminent hazard is any condition or practice which poses a hazard to employees which could reasonably be expected to cause death or serious physical harm immediately, or before the imminence of such hazard can be eliminated through normal enforcement procedures.
NOTE: See P&P C-1B for definition of serious physical harm.
When compliance personnel determine that an imminent hazard exists at a place of employment, compliance personnel shall warn the employer and the employees at risk about the presence of the imminent hazard.
Compliance personnel shall encourage the employer to eliminate the imminent hazard immediately.
If the employer does not, or cannot, immediately eliminate the imminent hazard, compliance personnel shall complete and issue, a Cal/OSHA Form 8, and attach a Cal/OSHA Form S-172 to the place of employment, the specific area of the place of employment, or a specific machine, device, apparatus or equipment at the place of employment which constitutes an imminent hazard.
NOTE: When a representative of the Consultation Service notifies the District Manager that an imminent hazard exists at a particular workplace, and that the employer has failed to abate the imminent hazard, the District Manager shall immediately send compliance personnel to the workplace and instruct the consultant to remain at the workplace until compliance personnel arrive. If appropriate, an OPU shall be issued, but no citations shall be issued, unless the employer fails to correct the imminent hazard or fails to comply with any conditions of the OPU.
Compliance personnel shall limit the OPU to the immediate area in which the imminent hazard exists within the place of employment, or to the specific machine, device, apparatus or equipment which constitutes the imminent hazard.
Compliance personnel shall securely attach the Form S-172 (Yellow Tag) by wire and seal the wire attachment with a security clip, or by other means, to the place of employment, or to the immediate area in which the imminent hazard exists within the place of employment, or to the specific machine, device, apparatus or equipment which constitutes the imminent hazard.
Compliance personnel shall advise the employer and employees that the OPU can only be removed by an authorized representative of the Division, and only when the imminent hazard has been eliminated.
NOTE: Anyone who enters a place of employment, or uses a machine, device, apparatus or equipment subject to an OPU before it is made safe, or who defaces, destroys or removes an OPU without Division authorization, is guilty of a misdemeanor.
Compliance personnel shall inform the employer whose place of employment or equipment is subject to an OPU that the employer has the right to request a hearing by the Division to review the validity of the OPU and that the hearing must be held within twenty-four (24) hours following the employer's request.
When an OPU has been issued, the Order remains in effect until the Division determines that the imminent hazard has been eliminated.
When the imminent hazard has been eliminated, compliance personnel shall remove the Yellow Tag.
NOTE: Under unique circumstances, the District Manager may deputize or authorize a person to act as a Division representative for purposes of removing the Yellow Tag. For instance, when the District Manager is certain that the imminent hazard has been eliminated, the District Manager may authorize the employer or another person to remove the Yellow Tag and return the Yellow Tag to the District Office if the place of employment is at a location remote from the District Office and it would be a hardship on the employer to wait for compliance personnel to go to the place of employment to remove the Yellow Tag(s).
When compliance personnel learn that the Yellow Tag has been removed without Division authorization, or that employees have been directed by the employer to work in the place of employment or to use a machine, device, apparatus or equipment which is subject to the OPU, i.e., working in violation of an OPU, the following procedures shall be followed:
Compliance personnel shall notify the District Manager of the violation of the OPU and the District Manager will in turn notify the Regional Manager and the Bureau of Investigations;
The District Manager shall direct compliance personnel to inspect the place of employment containing the imminent hazard to determine if an imminent hazard still exists. If the imminent hazard still exists, compliance personnel shall:
B. EMPLOYER CONTESTATION
Any employer whose place of employment is subject to an OPU has the right to request a hearing by the Division to review the validity of the OPU.
NOTE: If documents entered into evidence by the Division are not originals, then the Custodian of Records at the District Office where the originals are kept must sign a statement, attached to the documents, declaring that the attached copies are true and correct copies of originals kept in the District Office files.
NOTE: Copies of the hearing record shall be provided, upon request, to any interested party.
C. FIELD PROCEDURES
D. OFFICE PROCEDURES
NOTE: After a Cal/OSHA Form S-172 has been attached and the Cal/OSHA Form 8 has been approved, the District Office shall notify the Regional Manager of the issuance of an OPU and shall fax to the Regional Manager a copy of the Cal/OSHA Form 8.
E. FORMS COMPLETION
Cal/OSHA Form 8 (Order Prohibiting Use)
Enter the District Office name, address and telephone number in the upper right corner, if not pre-stamped.
Enter the employer's name and mailing address in the space provided.
Indicate the date of the inspection or investigation, the location of the place of employment or portion thereof or machine, device, apparatus or equipment at the place of employment which compliance personnel have determined constitutes an imminent hazard.
Indicate the Standard, Order or Code Section violated and provide a description of the hazard which constitutes the imminent hazard in the space provided.
If more than one machine, device, apparatus, or piece of equipment is involved, describe each one separately.
Enter the name of compliance personnel who issued the OPU and the date and time the Order was issued.
Indicate the number of Yellow Tags which were attached.
Indicate the Region, District, compliance personnel identification number, optional report number and Cal/OSHA Form 1 Report Number.
Complete the Declaration of Service as provided.
If additional space is needed to describe the hazard(s) which constitute an imminent hazard, continue the description in the space provided.
Cal/OSHA Form S-172 ("Yellow Tag")
When attaching a Yellow Tag, compliance personnel shall clearly identify, in the space provided on the Yellow Tag, what machine or equipment, or location or condition is prohibited. After attaching the Yellow Tag, compliance personnel shall also indicate, in the space provided on the Yellow Tag, the name of the person who sealed the wire attachment with a security clip, or other means, and indicate the date and time the Yellow Tag was attached.
Cal/OSHA 8 - Back
Cal/OSHA S-172 (Page One)
Cal/OSHA S-172 (Page Two)