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 June 19, 2003 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 June 19, 2003 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 June 19, 2003 following the Public Hearing

in the Auditorium of the State Resources 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 Title 8, Construction Safety Orders Electrical Safety Orders and General Industry Safety Orders of the California Code of Regulations, as indicated below, at its Public Hearing on June 19, 2003.

 

 

1.

TITLE 8:

CONSTRUCTION SAFETY ORDERS

Chapter 4, Subchapter 4, Article 12

Sections 1600 and 1601

Pile Driving and Methods of Unloading Piles

 

 

2.

TITLE 8:

Electrical Safety Orders

Chapter 4, Subchapter 5, Article 74

Sections 2561.31 and 2561.32

General Industry Safety Orders

Subchapter 7, Article 91, Section 4885 and

Article 99, Section 5022

Monorails Hoists, Monorail Cranes and Track 

 

 

 

                                               

 



A description of the proposed changes are as follows:

 

 

1.

TITLE 8:

construction Safety Orders

Chapter 4, Subchapter 4, Article 12

Sections 1600 and 1601

Pile Driving and Methods of Unloading Piles

 

 

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW

 

This rulemaking action is the result of two petitions submitted to the Occupational Safety and Health Standards Board (OSHSB, i.e., Board) regarding pile driving regulations contained in Construction Safety Orders (CSO) Article 12, Sections 1600 and 1601 (OSHSB Petition File Nos. 410 and 413) submitted by Mr. Dennis Jones, Safety Committee Chairman, and Mr. Rod Hurd, Business Representative, both of the Pile Drivers, Bridge, Dock and Wharf Builders (PBDW), Local Union 2375.  Petition No. 410, submitted by Mr. Jones, requested the Board to address concerns about outdated terminology and discrepancies between Federal OSHA standards in Title 29, Code of Federal Regulations (29 CFR) Section 1926.603(c)(5) and existing state standards regarding employee exposures to an operating hammer.  Petition No. 413, submitted by Mr. Hurd, regarded crew size issues.  On June 15, 2000, the Occupational Safety and Health Standards Board granted the petitions to the extent that Board staff was directed to convene an advisory committee to consider the Petitioners’ requests.  An advisory committee was convened on August 18, 2000, to review CCR Title 8 pile driving regulations contained in CSO Article 12, Sections 1600 and 1601.  This proposed rulemaking action represents Board staff’s recommendations based on the consensus agreements of the ad hoc committee.

 

This proposed rulemaking action contains numerous nonsubstantive, editorial, reformatting of subsections, and 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 1600.  Pile Driving.

Subsection (a)

 

Existing subsection (a) is proposed for revision and renumbering as subsection (b).  A new subsection (a) is proposed which prescribes a site-specific safety plan.  Prior to the start of a job, the employer shall develop a written site-specific safety plan, a copy of which shall be available on-site and provided to the Division upon request.  The plan shall consist of:  an outline of the construction plan and the steps involved in drilling and/or driving piles; a list of potential safety and health hazards for each step and precautions to be taken, i.e., means and methods to minimize employee exposure to operating drill and/or hammer and means and methods to provide safe access, handling and setup of piles, equipment and vehicles; a projected work schedule and minimum number of employees needed to safely complete each step; and special site-specific procedures, equipment and/or training such as for blasting operations, shoring, traffic control, confined space operations, overhead power lines, work over water, etc.  This section is proposed for addition in order to provide safety at least as effective as that required by 29 CFR 1926.603(c)(5).  The federal standard was not adopted verbatim since the advisory committee consensus was that the federal standard was unworkable in California and could shut down most jobsites if rigidly enforced.  The proposed site-specific safety plan was developed to provide equivalent safety while providing flexibility in addressing unique site conditions.  The proposed new subsection will have the effect of providing safety to employees and the public that is at least as effective as that required by federal standards, while providing employers flexibility in complying with the standard.

 

Subsection (b)

Existing subsection (a) requires that when employees are working under the hammer, the hammer shall be secured in the leads by means of an adequate chock, toggle or other device to safely support the hammer.  It is proposed to revise and renumber subsection (a) as subsection (b) and delete the out-dated and vague terminology, “chock, toggle, or other device.”  Neither “chock” nor “toggle” are terms used in contemporary pile driving, and “other device” is inexact and might result in the use of an inappropriate device to secure the hammer.  The proposed revision replaces the existing standard with the federal standard contained in 29 CFR 1926.603(a)(5) verbatim.  The effect on the regulated public will be to clarify the requirements for securing the hammer when employees are working under it and harmonize California and federal standards.

 

Subsection (c)

The requirements of existing subsections (b) and (c) have been combined into proposed new subsection (c).  Existing subsection (b) is nearly verbatim of 29 CFR 1926.603(a)(9), which requires steam and/or air hose connections for pile drivers to be secured by chains or cables to prevent whipping in the event the joint at the hammer is broken.  Existing subsection (c) is verbatim of 29 CFR 1926.603(a)(10), which requires safety chains or equivalent means to be provided for each hose connection in order to prevent the line from thrashing around in case the coupling becomes disconnected.  It is proposed to combine and amend these requirements to clarify that all pile driver hose connections, including those at pile driver hammers, pile ejectors, or jet pipes, are subject to the same tether requirements.  Furthermore, the proposed revisions will prescribe minimum cross-section and strength requirements for chain and cables used for this purpose and prohibit shortening chains and cables with makeshift methods.  The effect of these revisions will be to provide minimum standards for safety tethers and to prohibit practices that are known to weaken the strength of the tethers.

 

Subsection (d)

The existing subsection requires working platforms to be provided for employees when it is necessary for them to work aloft on operating pile drivers and prescribes standards for railings or guard lines.  It is proposed to revise this subsection to require that platforms be provided wherever it is necessary for employees to work aloft on pile drivers while pile is being driven and the fall distance exceeds 7 ˝ feet.  Other minor editorial revisions are also proposed.  The effect of these revisions will be to clarify the existing requirement for provision of a working platform whenever it is necessary for the employee to be aloft while pile is being driven and to establish a fall distance trigger height of 7 ˝ feet above which a working platform shall be provided.

 

Subsection (e)

Existing subsection (e) requires precautionary measures to be taken, including the use of toeboards, to prevent tools, material and equipment from falling off elevated platforms.  It is proposed to clarify that wind and accidental displacement are the forces to be guarded against, and that toeboard height conforms with Section 1621(b).  The effect of these revisions will be to clarify when protection from falling objects is required and to ensure consistency with other Construction Safety Order requirements.

 

Subsection (f)

 

Existing subsection (f) is the California equivalent of 29 CFR 1926.603(a)(8).  The existing federal standard contains obsolete requirements for provisions for the worker to engage his safety belt lanyard to the leads.  It is proposed to revise the fall protection reference from Section 1670 to the more comprehensive Article 24.  The effect of this revision is to provide all fall protection options available under Article 24, rather than limiting the option to strictly personal fall arrest systems.

 

Subsection (g)

Existing subsection (g) prescribes stirrups for use on sheet piles or mechanical devices for guiding the pile into place.  A ladder or boatswain’s chair is required if it is necessary for the employee to go aloft on sheet piling.  It is proposed to revise the standard to prescribe a ladder as the primary means of going aloft on sheet piling.  An “exception” is proposed that will permit the use of a boatswain’s chair, in accordance with Section 1662, where it is unsafe to use a ladder.  The effect of these revisions will be to permit the use of a boatswain’s chair when the use of a ladder is deemed unsafe and prescribe the manner in which a boatswain’s chair may be used safely.

 

Subsection (w)

Existing subsection (w) requires that when driving jacketed piles, all access pits shall be provided with ladders and bulkheaded curbs to prevent material from falling into the pit.  A revision is proposed to add an informational “note” to direct the regulated public to General Industry Safety Order (GISO) Section 5158 for confined space operations.  The proposed revision will have no effect on the regulated public other than to serve as a reminder that the confined space requirements contained in Section 5158 may be applicable to work performed in the pit.

 

Proposed new subsection (x)

Proposed new subsection (x) requires that hoisting of piling shall be done by use of a hook with a means to prevent accidental disengagement or a shackle shall be used in place of a hook.  The effect of this subsection will be to prevent accidental disengagement of the load from the lifting hook. 

 

Proposed new subsection (y)

Proposed new subsection (y) requires that taglines be used to control unguided piles and free hanging/free flying hammers.  The effect of this subsection will be to clarify that piles and free hammers are hazardous objects requiring control.

 

Proposed new subsection (z)

Proposed new subsection (z) requires that hammers be lowered to the bottom of the leads while the pile driver is being moved.  The effect of this subsection will be to reduce the possibility that the pile driver could become unstable due to uneven terrain or inertial effects of the elevated hammer. 

 

Section 1601.  Methods of Unloading Piles.

 

The consensus of an ad hoc committee review was that this section contains regulations that are outdated, unnecessary and irrelevant to current industry practices.  Since there is no federal counterpart to this section, it is proposed to replace the entire section with the requirement that piles be unloaded in a controlled manner so that employees are not exposed to the hazard of rolling or falling piles.  The effect of this revision will be to eliminate outdated, unnecessary and irrelevant regulations while maintaining the intent of the existing requirement that employees be protected from the hazards of rolling or falling piles during unloading operations.

 

 

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, 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 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.



 

A description of the proposed changes are as follows:

 

 

1.

TITLE 8:

Electrical Safety Orders

Chapter 4, Subchapter 5, Article 74

Sections 2561.31 and 2561.32

General Industry Safety Orders

Subchapter 7, Article 91, Section 4885 and

Article 99, Section 5022

Monorails Hoists, Monorail Cranes and Track 

 

 

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW

 

The Occupational Safety and Health Standards Board (Board) initiates this rulemaking to make the above sections consistent with the recently amended wording of Section 4885 which added definitions of “Monorail Crane” and “Track,” and amended the definition of “Monorail Hoist.”

 

Section 2561.31 specifies requirements for disconnecting crane and hoist runway conductors including monorail hoists and monorail cranes and their associated tracks.  

 

This rulemaking would add the words "Track and" in Section 2561.31, before “Runway” in the section title, and would add "track and" before “runway” in the text.  These amendments make Section 2561.31 consistent with the recently amended language in the definitions of “Monorail crane,” Monorail hoist” and “Track” in Article 91, Section 4885 of the GISO.

 

Section 2561.32 specifies requirements for disconnecting cranes and hoists, including monorail hoists and monorail cranes and their associated tracks.     

 

This rulemaking would add the words "track and" in Section 2561.32 before runway, and "monorail crane" after “monorail hoist” in the exception paragraph.  These amendments make Section 2561.32 consistent with the recently amended language in the definitions of “Monorail crane,” “Monorail hoist” and “Track” in Article 91, Section 4885 of the GISO.

 

Section 4885 definitions include “Man Trolley,” which is an operator’s cage of monorail hoists and monorail cranes.

 

This rulemaking would add the words "or a monorail crane" after “a monorail hoist” in the text.  This amendment makes the definition of “Man Trolley” in Section 4885 consistent with the recently amended language in the definitions of “Monorail crane,” “Monorail hoist” and “Track” in the same section.

 

Section 5022(c) contains proof load testing and examination requirements for cranes and their accessory gear.

 

This rulemaking would replace the word "hoists" with the word "cranes" throughout the text, and would add "track," before bridge/runway(s) in Section 5022(c).  This rulemaking would also remove the parentheses from "(and cross-overs)" in the text.  These amendments make Section 5022consistent with the recently amended language in the definitions of “Monorail crane,” “Monorail hoist” and “Track” in Article 91, Section 4885 of the GISO.

 

These changes will not effect the requirements of the above section but merely update regulatory language consistent with recent changes to Section 4885.

 

The recent passage of AB 3000 resulted in changes to Section 18909(j) of the Health and Safety Code amending the definition of building standards, and the repeal of Section 142.6 of the Labor Code, deleting specific requirements regarding the adoption of building standards by the Board.  These changes exempt the Occupational Safety and Health Standards Board from the California Building Standards law that requires all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval or adoption.  Therefore, modifications are proposed to delete the Title 24 and Health and Safety Code references from Sections 2561.31 and 2561.32.

 

The proposed rulemaking is consistent with requirements in 29 CFR 1910.179 and 1919.71.

 

 

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 clarifies the regulation to eliminate confusion about the definition and regulatory requirements for trolley suspension hoists.

 

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 amendments 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 standard.

 

 

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 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 June 12, 2003.  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 June 19, 2003 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, CA 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 Marley Hart, Acting 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 4, Sections 3279 and 3280, Portable Ladders.

 

            Heard at the November 21, 2002, Public Hearing; adopted on February 20, 2003; filed with the Secretary of State on March 26, 2003;

            and became effective on April 25, 2003.

 

 

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.