DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
POLICY AND PROCEDURES MANUAL
REFERRAL (Cal/OSHA 90, 90M, 90B and 90L)
Issue Date: 5/15/94
Revised: 8/1/94, 2/1/95, 1/1/00
AUTHORITY: California Labor Code Sections 6309, 6315, 6423, 6425 and 6430, and Title 8, California Code of Regulations Sections 344.51 and 344.52.
POLICY: It is the policy of the Division of Occupational Safety and Health to document information about unsafe or unhealthful workplace conditions which comes from various sources, and to make referrals within the Division and to other government agencies.
Referrals may be made by Cal/OSHA Enforcement District Offices to other Divisions of the Department of Industrial Relations or to other agencies of federal, state or local government.
NOTE: To be considered a valid referral from a news media source, the media report shall involve a potentially hazardous workplace condition likely to cause a serious injury, illness or exposure. Reports of actual injuries, illnesses or exposure shall be reported on the Cal/OSHA Form 36.
NOTE: Examples of print and electronic news media referrals include newspaper or magazine articles or photographs or news items reported over radio or television stations.
If compliance personnel observe a hazard which is present in a workplace, e.g., visible from the street or highway, compliance personnel shall conduct an inspection of the hazard and categorize the inspection as a referral on the Cal/OSHA Form 1 and also complete a Cal/OSHA Form 90.
NOTE: If the Cal/OSHA engineer or industrial hygienist who observes the hazard is unable to conduct the inspection at the time of observation because of the need to perform another inspection assignment, the District Manager shall be notified of the hazard, complete a Cal/OSHA Form 90 and assign the inspection to other compliance personnel.
If, during the course of an inspection or investigation, the inspecting compliance personnel determine that compliance personnel from a discipline different from their own, e.g., safety or industrial hygiene, are needed to conduct a separate inspection, the requesting compliance personnel shall complete a Cal/OSHA Form 90, stating the reason(s) for the referral to compliance personnel of another discipline and submit it to the District Manager for approval and assignment.
During the course of an inspection or investigation, compliance may personnel may need the on-site assistance of personnel from another administrative unit within the Division of Occupational Safety and Health who have technical expertise which is needed to conduct the inspection or investigation. If such expertise is needed, compliance personnel shall notify their District Manager of the need for technical assistance. If approved, the District Manager shall contact the manager of the office at which the person whose technical assistance is needed to request assistance. A Cal/OSHA Form 90 does not have to be completed when requesting intra-Division technical assistance.
If, during the course of an inspection or investigation, compliance personnel determine that the on-site assistance of Medical Unit personnel is needed, compliance personnel shall complete a Cal/OSHA Form 90M (see Attachment B) and submit it at the earliest opportunity in the course of the inspection to the District Manager for approval prior to forwarding it to the appropriate Medical Unit Office.
NOTE ONE: When making a referral to the Medical Unit, enter S 7 MEDICAL under Optional Information (Item 42) on the Cal/OSHA Form 1.
NOTE TWO: Telephonic or personal contact with Medical Unit personnel is recommended prior to making a Cal/OSHA Form 90 referral, but is not required.
NOTE: When making a referral to the Medical Unit for serious health problems resulting from an indoor air quality complaint, an IAQ Medical Unit Referral Form shall also be sent to the Medical Unit. See P&P C-46.
The function of the Bureau of Investigations (BOI) is to conduct criminal investigations and to refer the results of such investigations when appropriate to a city attorney or district attorney for necessary action.
NOTE: The BOI must analyze the circumstances surrounding the violation to determine whether the conduct is sufficiently aggravated to fall within the scope of Labor Code Sections 6423, 6425 and other penal statutes.
If compliance personnel become aware that there are conditions which may constitute criminal violations, compliance personnel shall refer the case through the District and Regional Managers to the BOI by completing a Cal/OSHA Form 90B attaching copies of all pertinent inspection documents including the Cal/OSHA Forms 1, 1A, 1B, 2, 7, 36 and 170.
NOTE: All requests for immediate BOI assistance shall be made by telephone or fax to the nearest BOI Unit Office.
NOTE: Procedures found in P&P C-36 require that the BOI be informed of incidents resulting in one or more fatalities or a serious injury, illness or exposure.
When the District Office receives information about a potentially hazardous workplace condition under the jurisdiction of another Division of the Department of Industrial Relations, e.g., DLSE, or under the jurisdiction of a federal, state or local government agency, the District shall document information about the hazardous condition on the Cal/OSHA Form 90 as a referral and send the referral to the appropriate governmental agency.
NOTE: The Cal/OSHA Form 90L (Labor Camp Housing Referral Form) shall be sent to the nearest Area Office of the California Department of Housing and Community Development.
Cal/OSHA Form 90
NOTE: If the referral site does not have an address, then enter an address-equivalent, such as (1) Northeast (NE) corner of Main Street and Broadway Avenue; (2) 200 block of Main Street; or (3) Highway 71 between exits Main Street and Broadway Avenue.
Describe briefly the type of industrial activity performed at the workplace. This information determines the code to be entered in Item 11. For governmental agencies, indicate the type of activity that would be comparable to the private sector, not the agency title.
Mark a referral is made from a Cal/OSHA engineer to an industrial hygienist, or vice versa, in the same District Office by entering the SE/IH ID number of the compliance personnel making the referral.
Mark if the referral originated from a Cal/OSHA Consultation Service Area Office or from a consultant.
Mark if the referral originates from any of the following sources:
Mark if the referral originated from any of the following news media sources: newspaper or magazine articles or photographs or news items reported over radio or television stations.
Mark if the referral originated from some other source not listed above.
Enter the name of the individual who was the initial source of the referral information if the source is known. In addition to the name, enter the individual's affiliation, location and telephone number.
Mark the appropriate boxes to indicate the subject (safety and/or health) and severity (imminent, serious or other) of the referral hazards.
Indicate if a referral is made to the Department of Housing and Community Development about obvious housing hazards, or lack of a valid permit, at a labor camp. All referrals to DHCD must be documented on a Cal/OSHA Form 90L.
Enter a description of the hazard(s). List and describe, as appropriate, the hazardous process, the duration of the hazard(s) and information on controls and personal protective equipment. List the specific location of the workplace.
If a letter response to a referral is planned, see letter response procedures in P&P C-7.
Mark if no inspection is planned but a letter to the employer will be sent.
Enter the date the letter to the employer was sent.
Enter the date an Employer Response to the letter is due.
NOTE: The following types of letters are available on the micro.
Enter the name of the entity to which the referral is being transferred, such as any of the following:
Federal OSHA; DOSH District Office (to another District Office); DOSH Medical Unit; DOSH Bureau of Investigations; DOSH Elevator or Pressure Vessel Unit; Division of Labor Standards Enforcement; Division of Workers' Compensation; Department of Health Services; State Fire Marshall; Air Resources Board; Department of Pesticide Regulation; local air quality agencies; building departments; county public or environmental health departments; county agricultural commissioners; local fire departments or any other state or governmental agency.
Enter the date the referral was transferred.
Indicate to whom the referral was forwarded. Enter the Reporting ID of the Office to which the referral was transferred.
If the referral was sent to any other Division Office, enter the correct Reporting ID.
Indicate if the referral is transferred to another state or local government agency.
Indicate if the referral was forwarded to some other organization noting the name of the organization.
For valid optional information codes, contact your System Administrator or Regional IMIS Coordinator for current listing.
If the referral involves any of the following, code as follows:
|N||2||TB||N||3||UED (Upper Extremity Disorder)|
|N||3||Other ergonomic injuries|
Cal/OSHA Form 90M
Indicate the Employer's Name, Title, Address, Name of Labor Representative and telephone numbers.
Enter the name of the person requesting Medical Unit assistance. Check the CSE or IH item as applicable and check whether the requestor is from a compliance or consultation office. Indicate the originating office, the region and district as applicable and the telephone number of the originating office. Enter the date of the request, the inspection identification number, the report number and fiscal year and indicate whether the request for assistance is routine or urgent.
If the request for Medical Unit assistance is approved, the District Manager shall sign in Item 3.
Compliance personnel shall specify what type of on-site assistance is needed from the Medical Unit. Include information regarding health hazard, sampling data, medical surveillance, personal protective equipment and number of employees affected.
Cal/OSHA Form 90B
Compliance personnel shall complete each of the items in the spaces provided and obtain approval of the District Manager for referral to the BOI. The Cal/OSHA Form 90B shall be mailed by the District Manager to the Regional Manager for approval. If approved, the Regional Manager shall forward the Form 90B to the appropriate BOI Office with a copy to the Deputy Chief for Cal/OSHA Enforcement.
Cal/OSHA Form 90L
|Attachments:||A --||Cal/OSHA 90|
|B --||Cal/OSHA 90M|
|C --||Cal/OSHA 90B|
|D --||Cal/OSHA 90L|