NOTICE OF PUBLIC MEETING/PUBLIC HEARING/BUSINESS MEETING

OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

AND NOTICE OF PROPOSED CHANGES TO TITLE 8 AND TITLE 24

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 July 18, 2002 at 11:00 a.m.
in the Carmel Room of the State Building,
320 West 4th Street, Los Angeles, 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 18, 2002 following the Public Meeting
in the Carmel Room of the State Building,
320 West 4th Street, Los Angeles, 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 and Title 24 of the California Code of Regulations.

 

BUSINESS MEETING: On July 18, 2002 following the Public Hearing
in the Carmel Room of the State Building,
320 West 4th Street, Los Angeles, 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 Title 8, Boiler and Fired Pressure Vessel Safety Orders and Title 24, Part 4, California Mechanical Code; and Title 8, Construction Safety Orders of the California Code of Regulations, as indicated below, at its Public Hearing on July 18, 2002.

 

1. TITLE 8:

BOILER AND FIRED PRESSURE VESSEL SAFETY ORDERS

Chapter 4, Subchapter 2, Article 4

Section 769

  TITLE 24

CALIFORNIA MECHANICAL CODE

Part 4, Chapter 10

Section 1016.0

Boiler Installations

             

2. TITLE 8: CONSTRUCTION SAFETY ORDERS
Chapter 4, Subchapter 4
Article 24, Section 1671.2
Use of Safety Monitors in Controlled Access Zones

     

 


 

A description of the proposed changes are as follows:

 

1. TITLE 8:

BOILER AND FIRED PRESSURE VESSEL SAFETY ORDERS

Chapter 4, Subchapter 2, Article 4

Section 769

  TITLE 24

CALIFORNIA MECHANICAL CODE

Part 4, Chapter 10

Section 1016.0

Boiler Installations


INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY
STATEMENT OVERVIEW

The California Building Standards Commission (CBSC) is mandated, by Health and Safety Code Sections 18928 and 18938, to adopt the most recent edition of the Uniform Mechanical Code as part of its triennial adoption cycle for CCR Title 24 Building Standards.  The Occupational Safety and HealthStandards Board (Standards Board) is mandated by Health and Safety Code Section 18943(b) to submit Title 8 building standards to the CBSC for their approval and adoption into the Title 24 California Building Standards. 

 

The CBSC has notified the Standards Board that on or about November 1, 2002, the 2001 California Mechanical Code (CMC), i.e., the 2000 Edition of the Uniform Mechanical Code (UMC), published by the International Association of Plumbing and Mechanical Officials, with California amendments, will become effective.

 

Title 8 building standards for boilers currently are included as amendments to the 1995 California Mechanical Code.  In order to preserve these Title 8 requirements in Title 24 building standards, it is necessary for the Standards Board to prepare and submit amendments to the 2001 Edition of the California Mechanical Code.

 

Furthermore, the Title 24 amendments in this rulemaking action are based on recommendations from the Division of Occupational Safety and Health (DOSH) Pressure Vessel Unit.  The Pressure Vessel Unit is undertaking a comprehensive update to the Boiler and Fired Pressure Vessel Safety Orders and has recommended replacing the existing non-specific reference to American Institute of Steel Construction recommendations with design criteria consistent with the 2001 Edition of the California Building Code.  Therefore, this rulemaking action proposes to incorporate these recommended changes to the building standards for boiler installations contained in both Titles 8 and 24.

 

This proposed rulemaking action contains some nonsubstantive and editorial revisions and reformatting of subsections.  These nonsubstantive revisions are not all discussed in this 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:

 

Section 769.  Boiler Supports.

Existing Section 769 is entitled “Boiler Supports.”  An amendment is proposed to rename the Section “Boiler Installation.”  The proposed change will more accurately reflect the requirements of this Section and make it easier for the regulated public to locate boiler installation and support requirements.

 

Subsection 769(a) currently contains design criteria for boiler supporting structures without reference to any nationally recognized standards or model codes.  An amendment is proposed to reference the 2001 California Building Code for boiler supporting structure design criteria pertaining to live and dead loads, and other imposed loads, including those resulting from wind, and seismic forces.  The effect of the proposed changes will be to harmonize Title 8 and Title 24 design requirements for boiler supporting structures. 

 

Existing subsection 769(b) requires that the stresses used in the design of boiler supporting structures are to conform to the recommendations of the American Institute of Steel Construction (A.I.S.C.).  The A.I.S.C. is an organization that develops standards pertaining to design and construction of structural steel buildings.  The subsection, however, does not specify which A.I.S.C. standards are applicable, making the regulation vague and unenforceable.  Therefore, a revision is proposed to delete this subsection.  The proposed revision will have no effect on the regulated public since the existing requirement is ambiguous and unenforceable. 

 

Existing subsections (c) through (f) cover various aspects of boiler installations, including, but not limited to:  the location and protection of structural supports, inspection accessibility, and a prohibition against installing water-tube and horizontal tubular boilers in battery settings unless specific provisions are met.  These subsections are proposed for renumbering to accommodate the proposed deletion of subsection (b).  In addition, it is proposed to divide existing subsection (f) into two subsections, (e) and (f), in order to separate the subject matter.  The proposed amendments will have no effect upon the regulated public other than to provide clarity to the existing requirements in this section.

 

An amendment is proposed to replace the outdated Title 24 reference at the end of Section 769 with the new Title 24 reference, Title 24, Part 4, Section 1016.1.  In addition, it is proposed to add an authority and reference citation to correct an editorial omission.  The proposed amendments will have no effect other than to direct the regulated public to the correct Title 24 reference.

 

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, the regulations require local agencies to take certain steps to ensure the safety and health of their own employees only.  Moreover, 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: CONSTRUCTION SAFETY ORDERS
Chapter 4, Subchapter 4
Article 24, Section 1671.2
Use of Safety Monitors in Controlled Access Zones

 

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY

STATEMENT OVERVIEW

In August of 1994 the United States Department of Labor, Occupational Safety and Health Administration (Fed-OSHA) promulgated Subpart M of 29 CFR Part 1926, Safety Standards for Fall Protection in the Construction Industry.  The federal Final Rule became effective on February 6, 1995.  On June 19, 1997, the Standards Board adopted the amendments to California’s existing construction industry fall protection regulations as contained for the most part in Article 24.  Within Article 24 is Section 1671.2 that contains regulations pertaining to controlled access zones and safety monitoring systems. 

 

It was brought to the attention of staff by a Standards Board member that as currently worded, Section 1671.2(b)(1)(C) states, “Where practicable, the safety monitor shall be within visual sighting distance of the employee…”  The Board member indicated that this is not at least as effective as the comparable federal regulation contained in 29 CFR 1926.502(h)(1)(iii) because the federal standard does not contain the phrase “where practicable.”  The federal regulation requires the safety monitor to always be in visual sighting distance with the employee(s) being monitored and not at the discretion of the employer on the basis of whether to do so is practical or not.  Consequently, staff is directed to amend Title 8 Section 1671.2(b)(1)(C) to delete the phrase “Where practicable.”

 

This proposed rulemaking action also contains some nonsubstantive, editorial, (grammatical) revisions.  These nonsubstantive revisions are not all discussed in this 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:

 

Section 1671.2. Controlled Access Zones and Safety Monitoring Systems.

This section contains two subsections that contain regulations pertaining to the establishment and use of controlled access zones (CAZ), and the use of safety monitoring systems, including responsibilities and qualifications of the safety monitor.

 

Subsection (b)(1)(C) states that where practicable, the safety monitor shall be within visual sighting distance of and in communication with the employee(s) being monitored.

 

A revision is proposed to delete the phrase “where practicable” in paragraph (C) and to editorially revise the sentence for clarity.  The proposed revision will require the employer who chooses to use a fall protection plan and a safety monitoring system to amend work practices to ensure the safety monitor is instructed to be in visual sighting distance of the monitored employee(s) as required by the proposed amendment.

 

The proposed action differs slightly from the comparable federal regulation to the extent that California’s comparable regulation does not require the monitor to be on the same working/walking level as the employee being monitored.  California’s regulation recognizes that there may be situations where the monitor’s ability to observe the employee may be compromised by having to always be on the same working/walking level.  For example, the monitor’s ability to observe the employee and the fall hazard may actually be improved by having the monitor directly sight the employee from a level above the level the employee is working from.  Also, existing Section 1671.2(b)(1)(B) requires the monitor to warn the employee when it appears the employee is unaware of a fall hazard or is acting in an unsafe manner.  To comply with this “performance” requirement the monitor will have to be positioned relative to the employee in such a way as to be able to effectively observe the employee’s actions.  Consequently, California maintains that its language while different from the language contained in 29 CFR 1926.502(h)(1)(iii) is at least as effective as the federal regulation.

 

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.  The proposal is essentially a technical, clarifying revision to California’s existing requirements governing the use of safety monitoring systems, specifically the role of the safety monitor and the responsibility to always be in direct visual sighting of employee(s) working from elevated locations rather than only when it is practical to do so (at the employer’s discretion).  Board staff has identified the proposal as one that will require a slight administrative procedures change for employers to comply with which should not result in any additional costs to the employer.

 

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 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(s) will not require local agencies or school districts to incur additional costs in complying with the proposal.  Furthermore, this 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 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.

 

There are building standards contained in the proposed revisions 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 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 12, 2002.  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 18, 2002 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 below 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 4, Construction Safety Orders, Article 17, Section 1626, Stairwells and Stairs.

Heard at the January 17, 2002, Public Hearing; adopted on February 21, 2002; filed with the Secretary of State on April 2, 2002; and became effective on May 2, 2002.

   
2.

Title 8, Chapter 4, Subchapter 5, Low Voltage Electrical Safety Orders, Article 3, Section 2320.2, Energized Equipment or Systems with Respect to the Use of Personal Protective Equipment and Safeguards.

Heard at the December 13, 2001, Public Hearing adopted on February 1, 2002; filed with the Secretary of the State on April 22, 2002; and became effective on May 22, 2002.

 

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.