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 September 20, 2001 at 10:00 a.m.

in the Carmel Room of the California 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 September 20, 2001 following the Public Meeting,

in the Carmel Room of the California 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 of the California Code of Regulations.

 

BUSINESS MEETING:                  On September 20, 2001, following the Public Hearing,

in the Carmel Room of the California 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 the General Industry Safety Orders in Title 8 of the California Code of Regulations, as indicated below, at its Public Hearing on September 20, 2001.

 

1.         TITLE 8:          GENERAL INDUSTRY SAFETY ORDERS

Chapter 4, Subchapter 7, Article 7

Section 3340(c) and (d)

Accident Prevention Signs

 

2.         TITLE 8:          GENERAL INDUSTRY SAFETY ORDERS

Chapter 4, Subchapter 7, Article 9

Section 3362

General Sanitation Requirements for Mold                                   

 



A description of the proposed changes are as follows:

 

1.         TITLE 8:          GENERAL INDUSTRY SAFETY ORDERS

Chapter 4, Subchapter 7, Article 7

Section 3340(c) and (d)

Accident Prevention Signs

 

INFORMATIVE DIGEST OF PROPOSED ACTION/

POLICY STATEMENT OVERVIEW

 

The Occupational Safety and Health Standards Board (Board) received a memorandum dated April 21, 2000 with attached Form 9, from the Division of Occupational Safety and Health (Division) requesting the Board to amend Section 3340 to include specific requirements for the use and design of warning signs in general industry.  The Division noted that Section 3340 addresses the use and design of various types of environmental and safety signs, such as danger signs, caution signs, etc., but does not specifically address the use of warning signs.  The Division’s Form 9 request was initiated by a phone call from a crane certifier who noted the absence of a warning sign requirement in the General Industry Safety Orders (GISO).

 

The Division recommended Section 3340 be amended to include specific language to address the use and design of warning signs, employee instruction, and approval in accordance with GISO Section 3206 consistent with the existing signage requirements already contained in Section 3340.  The Division recommended regulatory language based on American National Standard Institute (ANSI) Z535.2-1991, which addresses the design and use of warning signs in general industry.

 

In the course of Board staff’s review of the Division’s Form 9 request, staff learned that there is a more recent version of the ANSI Z535.2 standard mentioned in the Division’s memorandum.  Board staff’s proposal is based on the ANSI Z535.2-1998 requirements and specifications for warning signs which provide for two types of warning signs that are acceptable for use in the workplace.  Board staff consulted with the Division on this deviation from their proposal and found it to be acceptable.

 

The remainder of the proposed amendments to Sections 3340(c) and (d) consist of non-substantive editorial revisions to ensure consistency with existing Title 8 numerical format.

 

Section 3340.  Accident Prevention Signs.

 

This section contains general industry requirements pertaining to the design, application and use of signs or symbols to define and alert employees to potential or real hazards within the workplace and includes specific requirements addressing: visibility, definitions, classification according to use for warning signs, danger signs, biological hazards and slow-moving vehicles. 

 

Subsection (c) Classification of signs according to use.

 

Subsection (c) specifies use and employee instruction in sign meaning for danger and caution signs and use requirements only for general safety and biological hazard signs.

 

A revision is proposed to add new subsections (2)(A) and (B), containing specific language addressing the use of warning signs and employee instruction in the meaning of a warning sign.

 

The proposed revision will clearly indicate to the employer when it is appropriate to use a warning sign and require employers to instruct employees in the meaning of a warning sign.

 

Subsection (d) Sign design.

 

Subsection (d) specifies the design of safety signs and contains requirements addressing the shape, color, and graphics, etc. for danger, caution, general safety signs, slow-moving vehicle emblem and biological hazard signs.

 

A revision is proposed to add new subsections (3) (A-C) to address two acceptable designs for warning signs based on the ANSI Z535.2-1998 standard.  The proposed revision will require all warning signs to be approved per Section 3206 of the GISO.

 

The proposed revisions will clearly indicate to the employer the two warning sign designs that are acceptable in accordance with established national consensus standards and that the design selected must be approved as provided under Section 3206 of the GISO.

 

REASONABLE ALTERNATIVES THAT WOULD LESSEN ADVERSE

IMPACT ON SMALL BUSINESSES

 

No adverse impact on small businesses is anticipated from the implementation of the proposed amendments.  Therefore, no reasonable alternative identified by the Board or otherwise brought to its attention would lessen the impact on small businesses.

 

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 (see the explanation in “Reasonable Alternatives That Would Lessen Adverse Impact On Small Businesses”).

 

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 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.  The proposal consists of technical clarifying revisions of existing regulations with no new or added affect.

 

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 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 9

Section 3362

General Sanitation Requirements for Mold

 

INFORMATIVE DIGEST OF PROPOSED ACTION/

POLICY STATEMENT OVERVIEW

 

The Division of Occupational Safety and Health (Division) staff has developed this proposal in response to a recommendation from the Department of Health Services/Department of Industrial Relations, Hazard Evaluation System and Information Service (HESIS).  HESIS requested amendment to the general sanitation requirements contained in Section 3362 to provide clarification to the standard.  This clarification will establish that the presence of microorganisms commonly referred to as molds as a contaminant in a work environment is an unsanitary condition that requires cleaning.  The proposed language also establishes that the contamination may not be limited to surface growth but may be an infestation of building components within the edifice.  This editorial change is expected to remove any perceived ambiguity by the regulated public that the presence of mold is a condition that requires cleaning under subsection 3362(a).

 

Currently, Division personnel have difficulty enforcing this section if an employer resists the concept that the presence of mold constitutes an unsanitary condition.  When this occurs Division personnel go through a lengthy process of obtaining assistance in the form of supporting documentation from the Division’s Medical Unit, or HESIS. 

 

A revision is proposed to amend subsection 3362(a) to state that mold is a type of unsanitary condition in the workplace that the employer must clean in the same manner as putrefying materials are currently required to be cleaned.  The proposal specifies that visible mold and building components that have become infested with mold are unsanitary conditions. 

 

The proposed requirement will have the effect of requiring employers to clean areas infested with mold as they would in the case of areas infested with vermin or putrefying matter.

 

The current Federal OSHA standard, 29 CFR 1910.141(a)(4)(ii) does not include a reference to mold infested conditions.

 

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.

COST ESTIMATES OF PROPOSED ACTION

 

Costs or Savings to State Agencies

 

Insignificant to no costs or savings that can not be quantified 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 any significant 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 amendment 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 the 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 persons than the proposed action.

 

The above proposals do not contain building standards regulations as defined by Health and Safety Code Section 18909.

 

A copy of the proposed changes in STRIKEOUT/UNDERLINE format is available upon request made to the Occupational Safety and Health Standard Board’s Office, 2520 Venture Oaks Way, Suite 350, Sacramento, CA  95833, (916) 274-5721.  Copies will also be available at the Public Hearing.

 

An INITIAL STATEMENT OF REASONS containing a statement of the purpose and factual basis for the proposed actions, identification of the technical documents relied upon, and a description of any identified alternatives has been prepared and is available upon request from the Standards Board’s Office.

 

Notice is also given that any interested person may present statements or arguments orally or in writing at the hearing on the proposed changes under consideration.  It is requested, but not required, that written comments be submitted so that they are received no later than September 14, 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 September 20, 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 2, Section 1504 and Subchapter 7, General Industry Safety Orders, Article 23, Section 3622, Structural and Scaffold Planks.

 

Heard at the January 18, 2001 Public Hearing; adopted on May 17, 2001; filed with the Secretary of State on June 19, 2001; and became effective on July 19, 2001.  

 

2.                  Title 8, Chapter 4, Subchapter 4, Construction Safety Orders, Article 29, Section 1714 and 1715, Precast Concrete Construction.

 

Heard at the October 19, 2000 Public Hearing; adopted on May 17, 2001; filed with the Secretary of State on July 2, 2001; and became effective on August 1, 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.

 

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.