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 October 18, 2001 at 10:00 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 October 18, 2001 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 October 18, 2001 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 AND TITLE 24

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, Elevator Safety Orders and Title 24, Part 7, California Elevator Safety Construction Code and Title 8, General Industry Safety Orders of the California Code of Regulations, as indicated below, at its Public Hearing on October 18, 2001.

 

1.         TITLE 8:          ELEVATOR SAFETY ORDERS

                                    Chapter 4, Subchapter 6, Article 13

                                    Section 3089

            TITLE 24:        CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE

                                    Part 7, Article 7-13

                                    Section 7-3089

                                    Escalators, Clearance Between Skirt and Step

 

2.         TITLE 8:          GENERAL INDUSTRY SAFETY ORDERS

Chapter 4, Subchapter 7, Article 25

                                    Sections 3650 and 3664

Operating Rules for Industrial Trucks

 

3.         TITLE 8:          GENERAL INDUSTRY SAFETY ORDERS

                                    Chapter 4, Subchapter 7, Article 91

                                    Section 4885

                                    Definition of Trolley Suspended Hoists  

 



A description of the proposed changes are as follows:

 

1.         TITLE 8:          ELEVATOR SAFETY ORDERS

                                    Chapter 4, Subchapter 6, Article 13

                                    Section 3089

            TITLE 24        CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE

                                    Part 7, Article 7-13

                                    Section 7-3089

                                    Escalators, Clearance Between Skirt and Step

                                   

INFORMATIVE DIGEST OF PROPOSAL/POLICY

STATEMENT OVERVIEW

 

Existing subsection 3089(d)(3) of the Elevator Safety Orders specifies the clearance required between the escalator step and the adjacent skirt guard.  This clearance requirement was superceded by subsection 3089(d)(6), which became effective April 1, 2000.  Inadvertently, subsection 3089(d)(3) was not deleted when the rulemaking proposal was submitted for subsection 3089(d)(6).

 

Subsection 3089(d)(6) requires that: (A) skirt deflection devices be installed on escalators; or (B) clearances between the skirt and the step comply with ASME A17.1-1996, Rule 802.3e and the skirt panel comply with ASME A17.1-1996, Rule 8-2.3f.  Additionally, subsection 3089(d)(6)(C) requires the escalator to be inspected by the Division of Occupational Safety and Health (Division) upon completion of subsection 3089(d)(6)(A) or (B) and that escalator owners have three years from April 1, 2000 to comply with subsection 3089(d)(6).

 

The Division is enforcing the clearance requirements in subsection 3089(d)(6)(B) since the Division inspectors are aware, as is the escalator industry, that subsection 3089(d)(6)(B) was intended to replace the requirement in subsection 3089(d)(3).  Therefore, to eliminate the inconsistency between subsection 3089(d)(3) and subsection 3089(d)(6)(B), the Division proposes to delete subsection 3089(d)(3).

 

The informative digest contains occupational safety and health regulations that are building standards for codification in Title 24, Part 7, California Elevator Safety Construction Code.  The building standards, herein, are identified by their Title 24 section number in bold type following the corresponding Title 8 informative digest.

 

This proposed rulemaking action also contains editorial and formatting revisions.  The proposal also indicates re-numbering of existing subsections 3089(d)(4) through (d)(7), which now become subsections 3089(3) through (d)(6).  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.  The following actions are proposed:

 

Section 3089. Construction Requirements.

 

Subsection (d)(3)

Existing subsection 3089(d)(3) requires that the clearance on either side of the steps between the steps and the adjacent skirt guard be not more than 1/4 inch and the sum of the clearances on both sides be not more than 3/8 inch.

(Title 24, Part 7, Section 7-3089) 

 

This proposal deletes subsection 3089(d)(3).  The requirements in subsection 3089(d)(3) were superceded by the escalator requirements in subsection 3089(d)(6), which became effective April 1, 2000.  As a result of the proposed deletion of subsection 3089(d)(3), subsection 3089(d)(6) has been renumbered to subsection 3089(d)(5).

 

The proposal will have no effect for escalator owners because the Division is no longer enforcing the clearance requirements in subsection 3089(d)(3).  Effective April 1, 2000, the Division began enforcing the clearance requirements in existing subsection 3089(d)(6)(B).

 

 

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 the proposed amendments will not require local agencies or school districts to incur additional costs in complying with the proposal.  Furthermore, these regulations do not constitute a "new program or higher level of service of an existing program within the meaning of Section 6 of Article XIII B of the California Constitution."

 

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

 

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

 

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

 

 

EFFECT ON SMALL BUSINESSES

 

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

 

 

ASSESSMENT

 

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

 

 

REASONABLE ALTERNATIVES CONSIDERED

 

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

 


 

2.         TITLE 8:          GENERAL INDUSTRY SAFETY ORDERS

Chapter 4, Subchapter 7, Article 25

                                    Sections 3650 and 3664

                                    Operating Rules for Industrial Trucks

 

INFORMATIVE DIGEST OF PROPOSED ACTION/

POLICY STATEMENT OVERVIEW

 

Section 3650 contains requirements regarding the design and construction, standards for labeling indicating conformance to NFPA, ANSI, UL and/or ASME standards, and for the safe operation of industrial trucks.

 

The proposed rulemaking amends GISO Section 3650 “Industrial Trucks. General.” by adding subsection “(s)” and the wording “Industrial trucks and tow tractors shall be operated in a safe manner consistent with the following operating rules:”  The proposed rulemaking transfers the 32 operating rules that are currently listed in Section 3664(a) into Section 3650(s) as (1) through (32).  The proposed revision will clarify to the employer and employees that the operating rules for forklifts are safety orders and that failure to comply with the individual operating rules could result in the issuance of a citation by the Division.

 

Section 3664(a) states that the employer must post and enforce the operating rules for industrial trucks (forklifts) and contains the operating rules under 3664(a)(1) through 3664(a)(32).  The intent of this section is to have employees comply with the operating rules by requiring that the employer “post and enforce” the operating rules.  However, the Occupational Safety and Health Appeals Board has consistently ruled that the operating rules are not regulations and that breaking of a rule alone does not constitute grounds for a violation of Section 3664(a).  (See the Decision after Reconsideration (DAR) Docket No. 85-R3D4-193, December 17, 1985 and DAR Docket No. 79-R2D5-131, July 30, 1984.)  Because of these rulings the enforcement of the individual operating rules by the Division is not possible.

 

The proposed rulemaking amends Section 3664(a) by changing the wording to read:

“Every employer using industrial trucks or industrial tractors shall post and enforce a set of operating rules including the appropriate rules listed in Section 3650(s).”  The proposed rulemaking deletes the 32 operating rules that are listed in Section 3664(a)(1) through 3664(a)(32).  The proposed revision does not change any regulatory requirements, but rather clarifies the employer requirement to post and enforce the operating rules in Section 3664(a).

 

This proposed rulemaking also contains nonsubstantive revisions.  These nonsubstantive revisions are not all discussed in the Informative Digest and consist of renumbering subsections and parts of Section 3650 consistent with the format in Title 8.  These proposed revisions are clearly indicated in the regulatory text in underline and strikeout format.

 

Because the corresponding Federal OSHA requirements are safety orders and are enforceable, the proposed rulemaking will make Sections 3650 and 3664 at least as effective as the Federal OSHA’s counterpart requirements found in 29 CFR 1910.178(m), (n), (o), and (p).

 

The scope of this rulemaking only addresses making the operating rules currently found in Section 3664 enforceable and in that sense at least as effective as the Federal OSHA’s counterpart requirements.  This rulemaking is undertaken with the assumption that earlier rulemaking addressed the issue of the operating rules being at least as effective as the Federal OSHA’s counterpart requirements.

 

 

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 and intent, to comply with the operating rules, of both the proposed Sections 3650 and 3664 and the current Section 3664 are identical.

 

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 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 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.

 


3.         TITLE 8:         GENERAL INDUSTRY SAFETY ORDERS

              Chapter 4, Subchapter 7, Article 91

                                   Section 4885

                                   Definition of Trolley Suspended Hoists

 

 

INFORMATIVE DIGEST OF PROPOSED ACTION/

POLICY STATEMENT OVERVIEW

 

The Occupational Safety and Health Standards Board (Board) received a memorandum with attachments from the Division of Occupational Safety and Health (Division), dated January 24, 2000, requesting an amendment to GISO Section 4885 regarding the definitions of various crane hoists.  The Division states that confusion exists because monorail and trolley suspension hoists meet the definition of a crane and, therefore, are subject to testing and examination requirements in Section 5022 but that they are listed under the subsection titled “Hoist” in Section 4885.  In addition to the amendment to the subsection titled “Hoist” proposed by the Division, Standards Board staff proposes the addition of definitions of the monorail and trolley suspension hoist under the subsection titled “Crane.”  The Division has agreed with Standards Board staff to include the definitions in this rulemaking.  Therefore, this rulemaking is initiated to define monorail and trolley suspension hoists as cranes in GISO Section 4885 under both subsection “Crane” and subsection “Hoist.” 

 

This proposed rulemaking action contains 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:

 

Section 4885, subsection “Hoist,” defines the monorail hoist as a trolley suspension hoist whose trolley is suspended from a single rail, and defines the trolley suspension hoist as a floor or cage-operated hoist whose upper suspension member is a trolley for the purpose of running the hoist below a suitable runway.

 

The proposed amendment to Section 4885 adds wording to the above definitions clarifying that when a trolley suspension hoist is used to move a load horizontally, it is considered a crane and is subject to Group 13 regulations.  This proposed amendment adds definitions for monorail hoist and trolley suspension hoist with similar language under subsection “Crane.”

 

These changes will not effect the requirements of this section but merely clarify that when a trolley suspension hoist is used to move a load horizontally it meets the definition of a crane and is subject to applicable regulations.

 

The proposed rulemaking is consistent with the definition of a crane found in 29 CFR 1910.179(a).

 

 

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 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 standard.

 

 

EFFECT ON SMALL BUSINESSES

 

The Board has determined that the proposed amendments may effect 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.

 

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 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

October 12, 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

October 18, 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 4, Construction Safety Orders, Article 29, Section 1710(a) and Subchapter 7, General Industry Safety Orders, Article 98, Section 4999, The Securing of Loads Prior to Release from Cranes and Other Hoisting Apparatus.

 

Heard at the March 15, 2001 Public Hearing; adopted on July 19, 2001; filed with the Secretary of State on July 25, 2001; and became effective on August 24, 2001.

 

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

 

Standards Board’s e-mail address is:  oshsb@dir.ca.gov.