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 hereinafter set forth for a Public Meeting, Public Hearing, and Business Meeting:

PUBLIC MEETING:

 

On July19, 2001, at 10:00 a.m.

in the Auditorium of the California State Building,

1350 Front Street, San Diego, 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 July 19, 2001, following the Public Meeting,

in the Auditorium of the California State Building,

1350 Front Street, San Diego, 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 July 19, 2001, following the Public Hearing,
in the Auditorium of the California State Building,
1350 Front Street, San Diego, 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 General Industry Safety Orders and Construction Safety Orders in Title 8 of the California Code of Regulations, as indicated below, at its Public Hearing on July 19, 2001.

 

1. TITLE 8: GENERAL INDUSTRY SAFETY ORDERS
   Chapter 4, Subchapter 7, Articles 14, 90, 92, 93 and 96
   Sections 3472(b), 4884, 4886, 4907(b)(2), 4924(b) and 4965(a)
   Cranes and Other Hoisting Equipment with Regard to Manufacture Dates;
   and the Use of Load Indicating and Load Movement Devices

                                   

2. TITLE 8: CONSTRUCTION SAFETY ORDERS
   Chapter 4, Subchapter 4, Article 28, Section 1698
   Mortar, Plaster or Fireproofing Mixer Grid Guards

 


 

A description of the proposed changes are as follows:

 

1. TITLE 8: GENERAL INDUSTRY SAFETY ORDERS
   Chapter 4, Subchapter 7, Articles 14, 90, 92, 93 and 96
   Sections 3472(b), 4884, 4886, 4907(b)(2), 4924(b) and 4965(a)
   Cranes and Other Hoisting Equipment with Regard to Manufacture Dates;
  
and the Use of Load Indicating and Load Movement Devices

                                   

INFORMATIVE DIGEST OF PROPOSED ACTION/
POLICY STATEMENT OVERVIEW

 

Section 4884 of the General Industry Safety Orders (GISO) is the scope section of Group 13 safety orders applicable to the operation of derricks, cranes, and boom-type excavators.  The scope statement of Section 4884 contains specific requirements that cranes and derricks be designed, constructed and installed in accordance with applicable ANSI/ASME national consensus standards for various cranes and derrick types depending on when the equipment was “placed in service.”  This rulemaking action was initiated to address concerns that the term “placed in service,” as used in Section 4884, could be subject to interpretation that would require older cranes and derricks to meet current national consensus standards which, in some cases, is not practicable or feasible.  The proposal also makes minor amendments for clarity to the general scope section for tower cranes.

 

Furthermore, the proposal addresses the use of load indicating/load moment devices.  Existing regulations require that these devices, used by crane operators to monitor loads and prevent overload conditions, be “approved” by the Division of Occupational Safety and Health (Division).  The proposal will require that load indicating/load moment devices be “approved” as defined in Section 3206, in lieu of “Division” approval.

 

Section 3472. Cranes and Other Hoisting Equipment.

 

Section 3472(b)

 

Section 3472 is located in Group 3, Article 14 regulations pertaining to marine terminal operations.  Subsection (b) requires every crane that is not part of a vessel’s permanent equipment to be equipped with a load indicating device, a load moment device, or a device that prevents an overload condition.  The existing regulation requires that only devices approved by the Division shall be used.  A proposed amendment will require that load indicating/load moment devices be “approved” as defined in Section 3206.  Section 3206 states, in part, that when the term “approved” is used in the safety orders that devices conform to nationally recognized standards for their use.  The proposed amendment will have the effect of eliminating the requirement that the Division must approve these devices and will ensure that the devices meet appropriate standards.

 

The existing language in subsection (b) states that the use of load indicating and load moment devices is required for use on equipment effective May 15, 1975, which is one year after the devices were approved and available for the market.  This language is outdated and proposed for deletion.  The proposed repeal of this language will have no effect on the regulated public, as these devices have been available for over 25 years.

 

Section 4884. Scope. (Group 13. Cranes and Other Hoisting Equipment.)

 

Section 4884 contains specific requirements that the design and installation of cranes and derricks shall be in conformance with applicable national consensus standards (i.e., ANSI and/or ASME B30 standards). 

 

Subsection (b)

 

Subsection (b) requires hammerhead tower cranes placed in service after May 16, 1993 to conform to ASME B30.3-1990, Hammerhead Tower Cranes.  A proposed amendment will replace the phrase “placed in service” with the word “manufactured.”  The manufacture date of a crane is readily identifiable as opposed to determining when a crane is “placed in service.”  Therefore, the proposed amendment will have no effect upon the regulated public other than to provide clarity to the regulations.

 

Subsection (c)(1)(A)

 

Subsection (c)(1)(A) requires that cranes and derricks placed in service after September 28, 1986, through June 23, 1999, shall be designed, constructed and installed in accordance with applicable ANSI/ASME standards listed for various crane and derrick types depicted in the subsection.  A proposed amendment will replace the phrase “placed in service” with the word “manufactured.”  The proposed amendment will have no effect upon the regulated public other than to provide clarity to the regulations.  [Also, see the rationale for subsection (b).]

 

Subsection (c)(1)(B)

 

Subsection (c)(1)(B) requires that cranes and derricks placed in service after June 23, 1999 shall be designed, constructed and installed in accordance with applicable ANSI/ASME standards listed for various crane and derrick types depicted in the subsection.  A proposed amendment will replace the phrase “placed in service” with the word “manufactured.”  The proposed amendment will have no effect upon the regulated public other than to provide clarity to the regulations.  [Also, see the rationale for subsection (b).]

 

Subsection (c)(2)

 

Subsection (c)(2) requires that articulating boom cranes manufactured and placed in service after May 16, 1993 conform to design requirements in accordance with ASME/ANSI B30.22-1987, and B30.22a-1988 Addenda, for “Articulating Boom Cranes,” or that these crane types are approved as required by the provisions of Section 3206.  An amendment is proposed to delete the phase “and placed in service.”  The proposal will have no effect upon the regulated public other than to provide clarity to the regulation and ensure the manufacture date of the crane determines the applicable ASME/ANSI standard for the crane design.

 

Subsection (d)(1)

 

Subsection (d)(1) requires that except as provided in subsection (d)(2), all cranes and derricks placed in service prior to September 28, 1986, shall be designed, constructed and installed in accordance with the applicable ANSI standards listed for specific crane and derrick types depicted in the subsection.  A proposed amendment will replace the phrase  “placed in service” with the word “manufactured.”  The proposed amendment will have no effect upon the regulated public other than to provide clarity to the regulations.  [Also, see the rationale for subsection (b).]

 

Subsection (d)(2)

 

Subsection (d)(2) states that cranes placed in service prior to January 15, 1974, shall be modified to comply with applicable regulations in Group 13, Cranes and Other Hoisting Equipment, unless it can be shown during the process of certification that a crane cannot feasibly or economically be modified to comply with any one or more applicable requirements and the crane substantially complies with applicable Group 13 regulations and the ANSI or other design standard to which the crane was manufactured.  A proposed amendment will replace the phrase “placed in service” with the word “manufactured.”  The proposed amendment will have no effect upon the regulated public other than to provide clarity to the regulations.  [Also, see the rationale for subsection (b).]

 

Article 92. Cranes (Except Boom-Type Mobile Cranes)

 

Section 4886. Purpose. 

 

Section 4886 specifies the types of cranes that are subject to the requirements of Article 92.  Such cranes include traveling or bridge cranes, storage cranes, gantry cranes, portal cranes, jib cranes, pillar cranes, hammerhead cranes, pintle cranes, wall cranes, and polar cranes of rated capacity exceeding one ton.  An amendment is proposed to relocate the reference to “hammerhead cranes” to Article 96, Tower Cranes, Section 4965 where it is more appropriately located.  The amendment will have no effect upon the regulated public other that to provide clarity to the regulations.

 

Section 4907. Capacity Marking and Load Indication.

 

Section 4907 contains capacity marking and load indication requirements for cranes except boom-type mobile cranes. 

 

Subsection (b)(2)

 

Subsection (b)(2) requires that cranes having either a maximum rated boom exceeding 200 feet or a maximum rated capacity exceeding 50 tons shall be equipped with a load indicating device, a load moment device, or a device that prevents an overload condition.  The regulation specifies that only devices approved by the Division shall be installed.  A proposed amendment will require that load indicating/load moment devices be “approved” as defined in Section 3206.  Section 3206 states, in part, that when the term “approved” is used in the safety orders that devices conform to nationally recognized standards for their use.  The proposed amendment will have the effect of eliminating the requirement that the Division must approve these devices and will ensure that the devices meet appropriate standards.

 

Article 93. Boom-Type Mobile Cranes

 

Section 4924. Load Safety Devices.

 

Section 4924 requires boom-type mobile cranes having a rated capacity exceeding one ton to be equipped with safety devices to enhance the safe loading and operation of cranes. 

 

Subsection (b)

 

Subsection (b) requires that certain mobile cranes including truck-mounted cranes, having either a maximum rated boom length exceeding 200 feet or a maximum rated capacity of 50 tons to be equipped with a load indicating/load moment device, or a device that prevents an overload condition.  The regulation specifies that only devices approved by the Division shall be installed.  A proposed amendment will require that load indicating/load moment devices be “approved” as defined in Section 3206.  Section 3206 states, in part, that when the term “approved” is used in the safety orders that devices conform to nationally recognized standards for their use.  The proposed amendment will have the effect of eliminating the requirement that the Division must approve these devices and will ensure that the devices meet appropriate standards.

 

Article 96. Tower Cranes

Section 4965. General.

Subsection (a)

 

Section 4965(a) states that the requirements of Article 96 (Tower Cranes) applies to cranes of the general type such as those having a revolving horizontal boom with counterweight on a single vertical mast.  An amendment is proposed to delete language indicating that Article 96 applies to cranes “of general type such as those having a revolving horizontal boom with counterweight on a single vertical mast.”  In place of the deleted language, proposed amendments will state that the Article applies to all tower cranes including hammerhead, climber, free standing, mobile, and self-erector types.  The proposed amendments will have no effect upon the regulated public other than to clarify the regulation and list certain types of tower cranes that are defined in the definition section for cranes, Section 4885.

 


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.)

 

The 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: CONSTRUCTION SAFETY ORDERS
   Chapter 4, Subchapter 4, Article 28, Section 1698
   Mortar, Plaster or Fireproofing Mixer Grid Guards

 

INFORMATIVE DIGEST OF PROPOSED ACTION/
POLICY STATEMENT OVERVIEW

 

The Occupational Safety and Health Standards Board (Board) received a Form 9 from the Division of Occupational Safety and Health requesting an amendment to Construction Safety Orders (CSO), Sections 1698(e)(1) and (2) regarding the maximum grid guard opening of a horizontal plaster mixer.  This rulemaking is initiated to change the wording used in both 1698(e)(1) and (2) from “4 inches square” to “16 square inches.”  This change will allow for grid guard openings of equal size but different shape and also allows for the continued use of the plaster mixers that meet the current grid guarding requirements.

 

This proposed rulemaking action contain nonsubstantive, grammatical revisions.  These nonsubstantive revisions are not all discussed in the Informative Digest.  However, these proposed revisions are clearly indicated in the regulatory text in underline and strikeout format.  In addition to these nonsubstantive revisions, the following actions are proposed:

 

Sections 1698(e)(1) and (2) state that the maximum opening in grid guards of mortar, plaster or fireproofing mixers is “4 inches square” which allows the grid openings to have at a maximum 4 inch long sides.  Several California manufacturers currently build plaster mixers with grid guards having slotted openings that offer equivalent or better protection than the conventional square openings, but do not meet the current standard.  The proposed revisions will change the wording used in both 1698(e)(1) and (2) from “4 inches square” to “16 square inches.”  This change will require the same maximum number of square inches but will allow different shapes for grid guard openings.

 

The proposed revision will provide the employer and employee who use the mortar, plaster or fireproofing mixers with equal or greater protection compared with the current standard.  It will give manufacturers greater latitude in developing grid guards and at the same time maintain or exceed current protective standards.  The revision will provide greater protection because as the grid opening is lengthened the width is decreased, therefore, making the grid opening more restrictive to worker’s limbs as well as tools and materials.  The proposed regulatory change will not effect the use of the mixers already in service, providing that those units are in compliance with current guarding requirements.

 

There are no comparable federal standards.


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.  The proposed amendment updates the regulations to accommodate state of the art designs developed by industry.

 

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 non-discretionary costs or savings on local agencies.

 

DETERMINATION OF MANDATE

 

The Occupational Safety and Health Standards Board has determined that the proposed regulation does 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 amendment will not require local agencies or school districts to incur additional costs in complying with the proposal.  Furthermore, the regulation does 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.)

 

The proposed regulation does not require local agencies to carry out the governmental function of providing services to the public.  Rather, the regulation requires local agencies to take certain steps to ensure the safety and health of their own employees only.  Moreover, the proposed regulation does 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.)

 

The proposed regulation does 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 this regulation 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 containing a 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 July 13, 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 July 19, 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 6, Elevator Safety Orders, Article 9, Section 3071(j)(1)(E), Test of Firefighters’ Service.

 

Heard at the July 20, 2000 Public Hearing; adopted on October 19, 2000; filed with the Secretary of State on March 29, 2001; and became effective April 28, 2001.

 

2.  Title 8, Chapter 4, Subchapter 4, Construction Safety Orders, Article 21, Section 1637 and Article 23, Section 1658, Scaffolds Used in the Construction Industry.

 

Heard at the July 20, 2000 Public Hearing; adopted on February 22, 2001; filed with the Secretary of State on April 6, 2001; and became effective May 6, 2001.

 

3. Title 8, Chapter 4, Subchapter 4, Construction Safety Orders, Article 6, Section 1541.1, Requirements for Trench Shoring Systems.

 

Heard at the December 14, 2000 Public Hearing; adopted on March 15, 2001; filed with the Secretary of State on April 9, 2001; and became effective May 9, 2001.

 

4. Title 8, Chapter 4, Subchapter 7, General Industry Safety Orders, Article 108, Sections 5157 and 5158 and Subchapter 18, Ship Building, Ship Repairing, and Ship Breaking Safety Orders, Article 4, Section 8355, Confined Spaces.

 

Heard at the November 16, 2000 Public Hearing; adopted on March 15, 2001; filed with the Secretary of State on April 25, 2001; and became effective May 25, 2001.

 

 

A copy of these standards are 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.