AUTHORITY: California Labor Code Section 142.2.

POLICY: It is the policy of the Division of Occupational Safety and Health to solicit recommendations for new Title 8 Safety Orders, or for changes in existing Title 8 Safety Orders, from Division employees for submission to the Occupational Safety and Health Standards Board after review and evaluation by the Research and Standards Health and Safety Units.

PROCEDURES:

A. REQUEST

1. Whenever a Division employee perceives the need for a new Title 8 Safety Order, or for a change in an existing Title 8 Safety Order, the employee may complete the appropriate sections of a Cal/OSHA 9 recommending the addition or change and submit the Cal/OSHA 9 to their supervisor for review and approval.
2. After the DOSH supervisor has approved the Cal/OSHA 9, the DOSH supervisor shall send the Cal/OSHA 9 to the Deputy Chief for Health and Engineering Services for review and evaluation by the Research and Standards Unit.

NOTE: When a District Manager submits a Cal/OSHA 9, a copy shall be sent to their Regional Manager and the Deputy Chief for Cal/OSHA Enforcement.

B. REVIEW AND EVALUATION

1. After receipt of the Cal/OSHA 9, the Deputy Chief for Health and Engineering Services shall immediately route the Cal/OSHA 9 to the Research and Standards Unit for a review and evaluation of the merits of the Cal/OSHA 9.
2. The Research and Standards Unit shall make a recommendation to the Deputy Chief for Health and Engineering Services within 60 days of receipt of the Cal/OSHA 9 whether the addition or change to the Title 8 Safety Orders referenced in Form 9 should be submitted, through the Chief, to the California Occupational Safety and Health Standards Board.
3. After review of the Research and Standards Unit recommendation, the Deputy Chief shall make a determination within 15 days whether the addition or change to the Title 8 Safety Orders referenced in Cal/OSHA 9 should be submitted, through the Chief, to the California Occupational Safety and Health Standards Board.
4. Whether submitted to the Standards Board, a response shall be sent to the DOSH engineer or industrial hygienist who had submitted the Cal/OSHA 9 indicating the action taken.

C. DETERMINATION PRIORITY

The Deputy Chief will utilize the following priority system in making a determination whether the addition or change to the Title 8 Safety Orders referenced in the Cal/OSHA 9 should be submitted to the Occupational Safety and Health Standards Board:

1. Imminent safety or health hazards where death, serious injury, illness or exposure is likely to occur;
2. Safety Orders which will make a significant impact on the safety and health of employees, although not necessarily serious in nature; and
3. Revisions to existing standards to remove ambiguity, inconsistency and duplication.

D. OFFICE PROCEDURES

The submitting DOSH engineer or industrial hygienist shall complete the Cal/OSHA 9 and submit the Cal/OSHA 9 to the District Manager for review, approval and signature.

E. FORM DISTRIBUTION

1. If approved, the DOSH engineer or industrial hygienist shall send the approved Cal/OSHA 9 to the Deputy Chief for Health and Engineering Services.
   

NOTE: If the Cal/OSHA 9 accompanies a Special Order, then the Cal/OSHA 9 shall be sent to the Chief, with a copy to the Deputy Chief for Health and Engineering Services.

2. When a Cal/OSHA 9 is submitted without being accompanied by a Special Order, the DOSH engineer or industrial hygienist shall send a copy of the Cal/OSHA 9 to the Regional Manager.
3. The DOSH engineer or industrial hygienist shall retain a copy of the Cal/OSHA 9 in their office's files.

F. FORM COMPLETION

1. Date

Enter the date the Cal/OSHA 9 was submitted to the Deputy Chief for Health and Engineering Services, or was sent along with a Special Order to the Chief.

2. Eng/IH

Print the name of the individual submitting the Cal/OSHA 9.

3. Region/District /Unit

Enter the Region and District or Unit.

4. Industry

Enter the type of industry, e.g., construction, manufacturing, agriculture, etc.

5. Proposal for New or Change in Existing Safety Order

Describe the exact change requested.

Continue to Complete Part 1 or Part 2

PART 1 -- New Safety Order

6. Hazard Description

Describe the nature of the hazard, including the process, condition, machinery, equipment or product involved.

7. Recommended New Safety Order Language

Enter recommended Safety Order language which will eliminate the hazard. Use your knowledge of any guidelines, standards or codes of work practices.

PART 2 -- Change in Existing Safety Order

8. Reason(s) for Request

Enter the reason which prompts you to recommend a change in an existing Title 8 Safety Order, e.g., employer appeal granted, advice of Legal Unit, Safety Order needs clarification, or other reason.

9. Section/Subsection Reference

Enter the section and subsection reference to the existing Title 8 Safety Order.

10. Suggested Change(s)

Enter the exact change(s) you wish to make in the text of the existing Title 8 Safety Order.

BOTH PARTS 1 and 2

11. Requestor Signature
    
    Sign your name in the space provided
    
    
12. Supervisor Signature
    
    Have supervisor sign his or her name in the space provided.

Attachments: Cal/OSHA 9
                        Cal/OSHA 9 Response Memorandum