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 March 21 2002 at 11:00 a.m.
in the Auditorium of the Harris State Building
1515 Clay Street, Oakland, 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 March 21 2002 following the Public Meeting
in the Auditorium of the Harris State Building
1515 Clay Street, Oakland, 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 March 21 2002 following the Public Hearing
in the Auditorium of the Harris State Building
1515 Clay Street, Oakland, 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 Construction 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 March 15, 2001.

 

1. Title 8:

GENERAL INDUSTRY SAFETY ORDERS
Chapter 4, Subchapter 7, Article 3, Section 3241(a)
Live Loads

       
2. Title 8:

GENERAL INDUSTRY SAFETY ORDERS
Chapter 4, Subchapter 7, Article 27, Sections 3700 and 3702
Seatbelt Requirement for Farm Labor Vehicles

 


 

A description of the proposed changes are as follows:
       
1. Title 8:

GENERAL INDUSTRY SAFETY ORDERS
Chapter 4, Subchapter 7, Article 3, Section 3241(a)
Live Loads

 

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY
STATEMENT OVERVIEW

 

Section 3241(a) of the General Industry Safety Orders (GISO) stipulates that in every building or other structure, or portion thereof, used for mercantile, business, industrial or storage purposes, the building owner or representative shall place a durable load plate in a conspicuous location in each space to which they relate. Each plate shall indicate the safe maximum carrying capacity of the applicable space. Subsection (a) also prohibits the removal or defacing of these plates and requires their replacement if removed, defaced or lost.

Title 24, Section 1607.3.5 of the 1998 California Building Code (CBC) addresses the posting of live load information in commercial and industrial buildings. This language clearly indicates that the posting of live load information is to be placed "…in that part of each story in which they apply…" In reviewing and comparing the CBC live load posting language with existing Title 8 language, Board staff believes the CBC language is less ambiguous with regard to where building occupants are to post their live load metal signs/plates. The intent of both standards is to simply have the required live load information posted on the floor or portion of the floor to which the information applies and not on individual storage racks, containers, bins, etc., which would create an impractical and unnecessary burden upon employers/building occupants.

However, there is evidence that the Division of Occupational Safety and Health (Division) interprets and enforces Section 3241(a) to mean that live load information is required to be posted on individual storage racks, containers, bins, etc.

Board staff notes that at least one employer has recently been cited by the Division under Section 3241(a) for failing to post live load information on individual storage racks. The Home Depot was cited by the Division on February 5, 1999 for failing to label each and every warehouse storage rack with a sign indicating the live load information. On May 3, 1999, the employer appealed the citation in a timely fashion as indicated by the Occupational Safety and Health Appeals Board Decision for Dockets 99-R1D3-689 and 690. The February 16, 2000 Appeals Board Decision indicates that at the prehearing the Division moved to withdraw its citation involving Section 3241(a) because it lacked evidence to support a violation of the section charged. This motion was later granted by the Appeals Board.

Board staff also notes that the Standards Board received an Application for Permanent Variance from Section 3241(a) on August 23, 1999 from the Home Depot (Applicant). In the application (OSHSB File No. 99-V-038) the Applicant's representative discussed the Division's citation and opined that Section 3241(a) was not intended to require that each and every storage rack be labeled. The Division's October 18, 1999 evaluation report concluded that the Applicant's proposed equivalent safety method to affix live load information at the ends of storage racks rather than on each individual storage rack constituted compliance with Section 3241(a) and that a variance was not necessary.

To improve the clarity of Section 3241(a) and ensure consistency with existing state building standards, Board staff proposes to replace existing Title 8 language with language essentially verbatim of that contained in CBC Section 1607.3.5. The outdated CBC parenthetical reference is also proposed to be updated to Section 1607.3.5 and appropriately relocated to subsection (a).

In addition, based on a Cal/OSHA Form 9, Request for New, or Change in Existing, Safety Order, dated October 12, 2001 submitted by the Division, Board staff also proposes to add new subsection (e) which would address a separate requirement specifying that storage racks are to be designed to safely support their intended loads and shall not be loaded beyond their designed load capacity as recommended by the manufacturer.

Section 3241. Live Loads.

Existing Section 3241 contains requirements pertaining to live loads and addresses the posting of approved loads, the weight-carrying capacity of floors/platforms, how materials are to be safely stored to ensure pile stability, and the maintenance of all prime movers, machines and equipment to safely support the loads imposed upon them.

Subsection (a) requires that durable load plates be supplied and conspicuously placed at all related storage spaces within every building or other structure, or portion thereof, used for mercantile, business, industrial or storage purposes. Each plate is required to list the safe maximum carrying capacity of the applicable space. Subsection (a) prohibits the removal or defacing of these plates and requires their replacement if removed, defaced or lost.

A revision is proposed to replace the existing subsection language with language essentially verbatim of that contained in Title 24, Section 1607.3.5 of the 1998 California Building Code (CBC). The existing CBC parenthetical reference is also proposed to be updated to this current CBC section reference. A revision is also proposed to add new subsection (e) which specifies that storage racks are to be designed to safely support their intended loads and shall not be loaded beyond their designed load capacity as recommended by the manufacturer.

The proposed revisions are for clarification purposes and will have no effect upon the regulated public other than to ensure that required live load information is posted on the floor or portion of the floor to which the information applies and not on individual storage racks, containers, bins, etc., and that storage racks are designed to safely support their intended loads and shall not be loaded beyond their designed load capacity as recommended by the manufacturer.

 

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 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 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 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 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 5
Chapter 4, Subchapter 7, Article 27, Sections 3700 and 3702
Seatbelt Requirement for Farm Labor Vehicles

INFORMATIVE DIGEST OF PROPOSED ACTION/
POLICY STATEMENT OVERVIEW

Existing Section 3700 contains definitions for terminology used in Article 27 but does not define farm labor vehicles. The proposed rulemaking will add the definition " Farm Labor Vehicles" consistent with the California Vehicle Code (CVC).

Existing Section 3702 states that vehicles used to transport employees must meet minimum safety standards to minimize physical hazards within the passenger carrying space. The proposed amendment to Section 3702 will add the requirement that seatbelts must be installed and used by the driver and passengers of farm labor vehicles.

The proposed amendment will make employers that utilize farm labor vehicles and the operators of such vehicles, subject to the proposed seatbelt requirement. Because the proposed amendment is consistent with already existent seatbelt requirements for farm labor vehicles in the CVC there will be no significant cost impact on private persons or businesses.

This proposed rulemaking action also contains editorial and formatting revisions. These non-substantive revisions are not discussed in this informative digest. However, these proposed revisions are clearly indicated in the regulatory text in underline and strikeout format.

 

DOCUMENTS INCORPORATED BY REFERENCE

Title 49 of the Code of Federal Regulations, Section 571.209, Standard No. 209; Seat belt assemblies, and Section 571.210, Standard No. 210; Seat belt assembly anchorages.

These documents are too cumbersome or impractical to publish in Title 8. Therefore, it is proposed to incorporate the document 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. The requirements of the proposed Section 3702 are identical to requirements in the California Vehicle Code, which are already enforced by the California Highway Patrol. Consequently, this rulemaking is not expected to create a significant adverse fiscal impact upon farm labor employers.

Cost Impact on Private Persons or Entities

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 amendment 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.) The 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, the 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 standard.

 

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 March 15, 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 March 21, 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:

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.

1. Title 8, Chapter 4, Subchapter 4, Construction Safety Orders, Article 4, Section 1532.1, Notification to the Division of Lead-Related Work.

 

Heard at the April 19, 2001 Public Hearing; adopted on November 15, 2001; filed with the Secretary of State on November 16, 2001; and became effective on January 25, 2002.

 

A copy of this standard 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