NOTICE OF PUBLIC MEETING/PUBLIC HEARING/BUSINESS MEETING

OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

AND NOTICE OF PROPOSED CHANGES TO TITLE 8

OF THE CALIFORNIA CODE OF REGULATIONS

 

 

 

Pursuant to Government Code Section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and Health Standards Board of the State of California has set the time and place for a Public Meeting, Public Hearing, and Business Meeting:

 

 

   PUBLIC MEETING:                        On December 13, 2001 at 10:00 a.m.

in the Auditorium of the State Resources Building,

1416 Ninth Street, Sacramento, California.

 

 

At the Public Meeting, the Board will make time available to receive comments or proposals from interested persons on any item concerning occupational safety and health.

 

 

   PUBLIC HEARING:                        On December 13, 2001 following the Public Meeting

in the Auditorium of the State Resources Building,

1416 Ninth Street, Sacramento, California

 

 

At the Public Hearing, the Board will consider the public testimony on the proposed changes noticed below to occupational safety and health regulations in Title 8 of the California Code of Regulations.

 

 

   BUSINESS MEETING:                    On December 13, 2001 following the Public Hearing

in the Auditorium of the State Building,

1416 Ninth Street, Sacramento, California

             

 

At the Business Meeting, the Board will conduct its monthly business.

 

 

The meeting facilities and restrooms are accessible to the physically disabled.  Requests for accommodations for the disabled (assistive listening device, sign language interpreters, etc.) should be made to the Board office no later than 10 working days prior to the day of the meeting.  If Paratransit services are needed, please contact the Paratransit office nearest you.

 

 


 

 

NOTICE OF PROPOSED CHANGES TO TITLE 8

OF THE CALIFORNIA CODE OF REGULATIONS

BY THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

  

Notice is hereby given pursuant to Government Code Section 11346.4 and Labor Code Sections 142.1, 142.4 and 144.5, that the Occupational Safety and Health Standards Board pursuant to the authority granted by Labor Code Section 142.3, and to implement Labor Code Section 142.3, will consider the following proposed revisions to the Electrical Safety Orders and the General Industry Safety Orders in Title 8 of the California Code of Regulations, as indicated below, at its Public Hearing on December 13, 2001.

 

 

1.         TITLE 8:          LOW VOLTAGE ELECTRICAL SAFETY ORDERS

                                    Chapter 4, Subchapter 5, Article 3

                                    Section 2320.2                                    

                                    Energized Equipment or Systems with Respect to the Use of Personal Protective Equipment and Safeguards

                                               

2.         TITLE 8:          GENERAL INDUSTRY SAFETY ORDERS

                                    Chapter 4, Subchapter 7, Article 24

                                    Sections 3641(f) and 3648(o)

                                    Orchard Man-Lifts

 

 

 



A description of the proposed changes are as follows:

 

1.         TITLE 8:              LOW VOLTAGE ELECTRICAL SAFETY ORDERS

                                        Chapter 4, Subchapter 5, Article 3

                                        Section 2320.2                                

                            Energized Equipment or Systems with Respect to the Use of Personal Protective Equipment and Safeguards

 

           

           

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY

STATEMENT OVERVIEW

 

 

 

This rulemaking action is the result of a Complaint About State Plan Administration (CASPA) [Ref: CASPA 2001/C-02] submitted by the International Brotherhood of Electrical Workers (IBEW) by letter dated February 5, 2001 to federal OSHA, Region IX.

 

The complaint was filed subsequent to the state’s newly revised regulation for Section 2320.2, effective February 15, 2001.  The complaint asserts that the state’s requirements in Section 2320.2 permit employees to work on energized parts between 50 and 250 volts without the use of hand protection.Board staff discussed the CASPA complaint with representatives from IBEW and federal OSHA. As a result of an agreement reached during the discussions to resolve the complaint, amendments are proposed for Section 2320.2(a)(3) to clarify that hand protection is required when employees are exposed to energized parts at voltages of 250 and below.

 

 

Section 2320.2.  Energized Equipment or Systems.

 

Subsection (a)(3)

 

Section 2320.2 provides the conditions that must be met when work is performed on exposed energized parts of equipment or systems.  Existing subsection (a)(3) requires that suitable personal protective equipment be provided and used.  In addition, the second sentence in this subsection requires that approved insulated gloves be worn for voltages in excess of 250 volts to ground. 

 

An amendment is proposed for subsection (a)(3) that will specify that personal protective equipment and safeguards (i.e., approved insulated gloves or insulated tools) are to be provided and used.  New subsections (a)(3)(A) and (B) are proposed to ensure that rubber insulating gloves and insulating tools meet the provisions of the appropriate American Society for Testing Materials (ASTM) standards for either rubber insulating gloves or insulated tools.  The second sentence in existing subsection (a)(3) will be designated as proposed new subsection (a)(4) and the remaining subsections appropriately renumbered.  The proposed amendments will have no effect upon the regulated public other than to clarify that protective equipment and safeguards are required for employee exposure to voltages 250 volts and below. 

 

 

DOCUMENTS INCORPORATED BY REFERENCE

 

 

1.      American Society for Testing Materials (ASTM) D 120-95, Standard Specification for Rubber Insulating Gloves.

 

2.      American Society for Testing Materials (ASTM) F 1505-94, Standard Specification for Insulated and Insulating Hand Tools.

 

           These documents are too cumbersome or impractical to publish in Title 8.  Therefore, it is proposed to incorporate these documents by reference.  Copies of these documents are available for review Monday through Friday from 8:00 a.m. to 4:30 p.m. at the Standards Board Office located at 2520 Venture Oaks Way, Suite 350, Sacramento, California.

 

 

COST ESTIMATES OF PROPOSED ACTION

 

Costs or Savings to State Agencies

 

No costs or savings to state agencies will result as a consequence of the proposed action.

 

Impact on Housing Costs

 

The Board has made an initial determination that this proposal will not significantly affect housing costs.

 

Impact on Businesses

 

The Board has made an initial determination that this proposal will not result in a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. 

 

Cost Impact on Private Persons or Businesses

 

The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

 

Costs or Savings in Federal Funding to the State

 

The proposal will not result in costs or savings in federal funding to the state.

 

Costs or Savings to Local Agencies or School Districts Required to be Reimbursed

 

No costs to local agencies or school districts are required to be reimbursed.  See explanation under “Determination of Mandate.”

 

Other Nondiscretionary Costs or Savings Imposed on Local Agencies

 

This proposal does not impose nondiscretionary costs or savings on local agencies.

 

 

DETERMINATION OF MANDATE

 

The Occupational Safety and Health Standards Board has determined that the proposed regulations do not impose a local mandate.  Therefore, reimbursement by the State is not required pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code because the proposed amendments will not require local agencies or school districts to incur additional costs in complying with the proposal.  Furthermore, these regulations do not constitute a “new program or higher level of service of an existing program within the meaning of Section 6 of Article XIII B of the California Constitution.”

 

The California Supreme Court has established that a “program” within the meaning of Section 6 of Article XIII B of the California Constitution is one which carries out the governmental function of providing services to the public, or which, to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state.  (County of Los Angeles v. State of California (1987) 43 Cal.3d 46.)

 

These proposed regulations do not require local agencies to carry out the governmental function of providing services to the public.  Rather, these regulations require local agencies to take certain steps to ensure the safety and health of their own employees only.  Moreover, these proposed regulations do not in any way require local agencies to administer the California Occupational Safety and Health program.  (See City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478.)

 

These proposed regulations do not impose unique requirements on local governments.  All employers - state, local and private - will be required to comply with the prescribed standards.

 

EFFECT ON SMALL BUSINESSES

 

The Board has determined that the proposed amendments may affect small businesses.

 

 

ASSESSMENT

 

The adoption of the proposed amendments to these regulations will neither create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California.

 

 

REASONABLE ALTERNATIVES CONSIDERED

 

Our Board must determine that no reasonable alternative considered by the Board or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.

 

 


 

 

2.         TITLE 8:          GENERAL INDUSTRY SAFETY ORDERS

                                    Chapter 4, Subchapter 7, Article 24

                                    Sections 3641(f) and 3648(o)

                                    Orchard Man-Lifts

 

INFORMATIVE DIGEST OF PROPOSED ACTION/

POLICY STATEMENT OVERVIEW

 

 

This rulemaking action was initiated by Board staff and pertains to discrepancies contained in regulations regarding orchard man-lifts.

 

Section 3641 contains requirements pertaining to the design and use of a specialized agricultural aerial device known as an orchard man-lift.  These aerial devices are used to elevate and position workers who harvest and/or prune fruit and nut trees.  The typical orchard man-lift utilizes an articulating or telescopic boom and a platform that is either fully enclosed or surrounded by a guardrail.  Because orchard man-lifts eliminate the need for a ladder, they are safer and are less labor-intensive resulting in increased productivity. 

 

Section 3641(f) requires employers to follow the operating instructions contained in Section 3648 of the General Industry Safety Orders when operating orchard man-lifts.  These operating instructions address the safe operation of all aerial devices inclusive of orchard man-lifts and include requirements pertaining to braking systems, authorized employee operation, boom, basket and platform load limits, use of wheel chocks, fall protection, etc.  Section 3641(f) specifies, however, that the operating instructions in Section 3648 shall apply to orchard man-lifts with the following exceptions:  (1) orchard man-lift operators shall be trained in accordance with the manufacturer’s recommended operating procedures, and (2) that a written emergency procedure to move and lower the platform, should the platform operator become unable to operate the controls, be developed and operators be trained in these emergency procedures.

 

According to this section, orchard man-lifts are excluded from the training requirement contained in Section 3648, replacing operator training with training in accordance with the manufacturer’s recommendations.  If the manufacturer’s instructions were to indicate that fall protection was not needed, a conflict would arise between Section 3641 and 3648(o), which requires fall protection regardless of whether 42-inch guardrails are provided.  Thus, the employer might not provide the necessary fall protection, thus exposing the operator to a fall hazard.

 

Board staff believes that the phrase “with the following exceptions” in subsection (f) is confusing and that the “exceptions” were intended as an “addition” to the requirements contained in referenced Section 3648.  Consequently, for clarity purposes, Board staff proposes to reword Section 3641(f) to require employers to comply with the operating instructions in Section 3648 in addition to the two requirements in subsections (f)(1) and (2).

 

This proposal is also intended to address a clarity issue regarding fall protection requirements for orchard man-lifts manufactured after September 1, 1991[1] with guardrail heights 42 inches or more. 

 

Section 3641(b)(4) addresses the fall protection requirements for orchard man-lifts with guardrails less than 42 inches in height.  Orchard man-lifts with guardrail heights 42 inches or greater, however, are not addressed in Section 3641 and would therefore default to the fall protection requirements contained in Section 3648(o) for aerial devices, per Section 3641(f).  During a September 1990 advisory committee meeting, however, which resulted in the rulemaking which incorporated regulations specific to orchard man-lifts, it was the consensus opinion that the combination of the tight or restrictive platform area (designed for one person) and a 42-inch high or greater guardrail height would provide adequate fall protection.  Thus, the Board proposes to clarify that those orchard man-lifts manufactured after September 1, 1991 with guardrails 42 inches or higher are excluded exclude from the fall protection requirements contained in Section 3648(o).

 

Section 3641.  Orchard Man-Lifts (Pruning Tower).

 

Section 3641 contains regulations regarding the design, construction and use requirements of orchard man-lifts.

 

Subsection (f) states that the operating instructions contained in Section 3648 of the General Industry Safety Orders are to apply to orchard man-lifts with the following two exceptions: (1) that orchard man-lift operators be trained in accordance with the manufacturer’s recommended operating procedures; and (2) that a written emergency procedure to move and lower the platform be developed should the platform operator become unable to operate the controls, and that operators be trained in these emergency procedures.

 

A revision is proposed to rephrase subsection (f) to read: “Operating instructions in Section 3648 of the General Industry Safety Orders shall apply to orchard man-lifts in addition to the following:…”  The proposed revision is necessary to clarify to the employer that the operating procedures outlined for aerial devices contained in Section 3648 also apply to orchard man-lifts and that the training, provided in accordance with the manufacturer’s recommended operating procedures, and the development of written emergency procedures regarding orchard man-lifts are requirements and not exceptions.

 

Section 3648.  Operating Instructions (Aerial Devices).

 

Section 3648 contains various requirements pertaining to the design, use and operation of aerial devices and includes, but is not limited to, the following: lift control design, use of authorized operators, boom, basket and platform load limits, use of wheel chocks, fall protection, etc. 

 

Subsection (o) requires all employees to be secured to the boom, basket or tub of the aerial device through the use of a personal fall protection system.

 

A revision is proposed to add an “Exception” to Section 3648(o) to exclude orchard man-lifts manufactured after September 1, 1991 with guardrails 42 inches or higher from the fall protection requirements contained in this subsection.  The proposed revision is necessary to address fall protection requirements for those orchard man-lifts not covered under Section 3641(b)(4), which only address orchard man-lifts manufactured after September 1, 1991 with guardrails less than 42 inches.

 

 

COST ESTIMATES OF PROPOSED ACTION

 

Costs or Savings to State Agencies

 

No costs or savings to state agencies will result as a consequence of the proposed action because orchard man-lifts are not utilized by any state agency.

 

Impact on Housing Costs

 

The Board has made an initial determination that this proposal will not significantly affect housing costs.

 

Impact on Businesses

 

The Board has made an initial determination that this proposal will not result in a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

 

Cost Impact on Private Persons or Businesses

 

The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

 

Costs or Savings in Federal Funding to the State

 

The proposal will not result in costs or savings in federal funding to the state.

 

Costs or Savings to Local Agencies or School Districts Required to be Reimbursed

 

No costs to local agencies or school districts are required to be reimbursed.  See explanation under “Determination of Mandate.”

 

Other Nondiscretionary Costs or Savings Imposed on Local Agencies

 

This proposal does not impose nondiscretionary costs or savings on local agencies.

 

 

DETERMINATION OF MANDATE

 

The Occupational Safety and Health Standards Board has determined that the proposed regulations do not impose a local mandate.  Therefore, reimbursement by the state is not required pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code because the proposed amendments will not require local agencies or school districts to incur additional costs in complying with the proposal.  Furthermore, these regulations do not constitute a "new program or higher level of service of an existing program within the meaning of Section 6 of Article XIII B of the California Constitution."

 

The California Supreme Court has established that a "program" within the meaning of Section 6 of Article XIII B of the California Constitution is one which carries out the governmental function of providing services to the public, or which, to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state.  (County of Los Angeles v. State of California (1987) 43 Cal.3d 46.)

 

These proposed regulations do not require local agencies to carry out the governmental function of providing services to the public.  Rather, the regulations require local agencies to take certain steps to ensure the safety and health of their own employees only.  Moreover, these proposed regulations do not in any way require local agencies to administer the California Occupational Safety and Health program.  (See City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478.)

 

These proposed regulations do not impose unique requirements on local governments.  All employers - state, local and private - will be required to comply with the prescribed standards.

 

EFFECT ON SMALL BUSINESSES

 

The Board has determined that the proposed amendments may affect small businesses.

 

 

ASSESSMENT

 

The adoption of the proposed amendments to these regulations will neither create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California.

 

 

REASONABLE ALTERNATIVES CONSIDERED

 

Our Board must determine that no reasonable alternative considered by the Board or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.

 

The above proposals do not contain building standards regulations as defined by Health and Safety Code Section 18909.

 

A copy of the proposed changes in STRIKEOUT/UNDERLINE format is available upon request made to the Occupational Safety and Health Standard Board’s Office, 2520 Venture Oaks Way, Suite 350, Sacramento, CA  95833, (916) 274-5721.  Copies will also be available at the Public Hearing.

 

An INITIAL STATEMENT OF REASONS containinga statement of the purpose and factual basis for the proposed actions, identification of the technical documents relied upon, and a description of any identified alternatives has been prepared and is available upon request from the Standards Board’s Office.

 

Notice is also given that any interested person may present statements or arguments orally or in writing at the hearing on the proposed changes under consideration.  It is requested, but not required, that written comments be submitted so that they are received no later than December 7, 2001.  The official record of the rulemaking proceedings will be closed at the conclusion of the public hearing and written comments received after 5:00 p.m. on December 13, 2001 will not be considered by the Board unless the Board announces an extension of time in which to submit written comments.  Written comments should be mailed to the address provided in the following paragraph or submitted by fax at (916) 274-5743 or e-mailed at oshsb@hq.dir.ca.gov.  The Occupational Safety and Health Standards Board may thereafter adopt the above proposal substantially as set forth without further notice. 

 

The Occupational Safety and Health Standards Board's rulemaking file on the proposed actions including all the information upon which the proposals are based are open to public inspection Monday through Friday, from 8:30 a.m. to 4:30 p.m. at the Standards Board's Office, 2520 Venture Oaks Way, Suite 350, Sacramento, California  95833.

 

The full text of proposed changes, including any changes or modifications that may be made as a result of the public hearing, shall be available from the Executive Officer 15 days prior to the date on which the Standards Board adopts the proposed changes.

 

Inquiries concerning either the proposed administrative action or the substance of the proposed changes may be directed to John D. MacLeod, Executive Officer, or Michael Manieri, Principal Safety Engineer,at (916) 274-5721. 

 

You can access the Board’s notice and other materials associated with this proposal on the Standards Board’s homepage/website address which is http://www.dir.ca.gov/oshsb.  Once the Final Statement of Reasons is prepared, it may be obtained by accessing the Board’s website or by calling the telephone number listed above.

 


 


NOTICE OF ADOPTION OF REGULATIONS

INTO TITLE 8, CALIFORNIA CODE OF REGULATIONS

BY THE

 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

 

After proceedings held in accordance with and pursuant to the authority vested in Sections 142, 142.3 and 142.4, of the Labor Code to implement, interpret, or make specific, the Occupational Safety and Health Standards Board, by a majority vote, adopted additions, revisions, or deletions to the California Code of Regulations as follows:

 

1.                  Title 8, Chapter 4, Subchapter 7, General Industry Safety Orders, Article 59, Section 4296, Automatic Starting of Woodworking Machines and Equipment After Power Failure.

          

           Heard at the May 17, 2001 Public Hearing; adopted on August 16,, 2001; filed with the Secretary of State on September 5, 2001; and became effective on October 5, 2001.

 

2.               Title 8, Chapter 7, Subchapter 5, Electrical Safety Orders, Article 36, Section 2943, Confined Space Requirements for Manholes, Vaults, or Similar Structures.

 

Heard at the June 21, 2001 Public Hearing; adopted on August 16, 2001; filed with the Secretary of State on September 26, 2001; and became effective on October 26, 2001.

 

3.               Title 8, Chapter 4, Subchapter 7, General Industry Safety Orders, Article 14, Section 3469, Powered Industrial Truck Training for Marine Terminals.

 

Heard at the June 21, 2001 Public Hearing; adopted on August 16, 2001; filed with the Secretary of State on September 27, 2001; and became effective on October 27, 2001.

 

A copy of these standards is available upon request from the Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA  95833, (916) 274-5721.

 

If you have Internet access, visit the Occupational Safety and Health Standards Board by going to: http://www.dir.ca.gov/oshsb and follow the links to the Standards Board.  This information is updated monthly.  The Standards Board’s e-mail address is:  oshsb@dir.ca.gov.

 


[1] Date, derived by an advisory committee convened in 1990, whereby orchard man-lifts must comply with regulations, codified in 1991, pertaining to minimum design, use and performance safety standards.