CALIFORNIA CODE OF REGULATIONS
TITLE 8: CONSTRUCTION SAFETY ORDERS
Chapter 4, Subchapter 4, Article 28, Section 1698(e)1 and (2)
Sections 1698(e)(1) and (2) require that the maximum opening of a mortar, plaster or fireproofing mixer grid guard is “4 inches square,” which means that the opening in a grid guard is to have 4” sides maximum. Research and development of grid guards conducted since the promulgation of the current standard has shown that different configurations of the grid openings are more effective in the loading and operating of the mixers and at the same time maintaining or exceeding the current safety standard. Because of the advances made in grid guarding design it is necessary to update the regulation.
SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION
This rulemaking will change the wording used in both 1698(e)(1) and (2) from “4 inches square” to “16 square inches.” This change is necessary to allow manufacturers to develop mortar, plaster or fireproofing mixer grid guards with openings that will better accommodate the specific applications of these mixers while also allowing for the continued use of the plaster mixers that meet the current grid guarding requirements.
DOCUMENTS RELIED UPON
Memorandum with attachments to John MacLeod, Executive Officer, Occupational Safety and Health Standards Board dated November 6, 2000 from John Howard, Chief, Division of Occupational Safety and Health.
This document is 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.
REASONABLE ALTERNATIVES THAT WOULD LESSEN ADVERSE ECONOMIC IMPACT ON SMALL BUSINESSES
No reasonable alternatives were identified by the Board and no reasonable alternatives identified by the Board or otherwise brought to its attention would lessen the impact on small businesses.
SPECIFIC TECHNOLOGY OR EQUIPMENT
This proposal will not mandate the use of specific technologies or equipment.
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 updates the regulations to accommodate state of the art designs developed by industry.
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.
The Board has determined that the proposed amendments may affect small businesses.
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.
ALTERNATIVES THAT WOULD AFFECT PRIVATE PERSONS
No reasonable alternatives have been identified by the Board or have otherwise been identified and brought to its attention that 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.