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 20, 2002 at 11:00 a.m.

                                                           in the Sierra Hearing Room of the Cal/EPA Building,

                                                           1001 I 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 20, 2002 following the Public Meeting

                                                           in the Sierra Hearing Room of the Cal/EPA Building,

                                                           1001 I 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 20, 2002 following the Public Hearing

                                                           in the Sierra Hearing Room of the Cal/EPA Building,

                                                           1001 I 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, Permanent Amusement Rides Safety Orders and General Industry Safety Orders of the California Code of Regulations, as indicated below, at its Public Hearing on June 20, 2002.

A description of the proposed changes are as follows:

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY

STATEMENT OVERVIEW

The Legislature recently enacted Part 8.1, Sections 7920 through 7932, of the California Labor Code.  This legislation established the Permanent Amusement Ride Safety Inspection Program, which has as a core function the oversight and performance of inspections conducted for the purpose of promoting the safety of patrons of permanent amusement rides.

Pursuant to Labor Code Section 7923, the Division of Occupational Safety and Health (Division) has the authority to “formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board (Board) for the safe installation, repair, maintenance, use, operation, and inspection of all permanent amusement rides as the Division finds necessary for the protection of the general public using permanent amusement rides”.  These rules and regulations are to “be in addition to the existing applicable safety orders and will be concerned with engineering force stresses, safety devices, and preventative maintenance”.

Accordingly, the following is a description of the regulations proposed by the Division for adoption by the Board pursuant to Section 7923.

Article 1.  Application and Definitions

Section 3195.1.  Application.

Subsection (a)

Proposed subsection (a) describes the scope of application of Subchapter 6.2.  The effect of this section is to provide that the requirements of Subchapter 6.2 apply to permanent amusement rides operated anywhere in California.  Articles 1, 2, and 4 apply to all permanent amusement rides, including aquatic devices, while Article 3 applies only to aquatic devices.

Subsection (b)

Proposed subsection (b) lists the specific sections of seven industry standards that are referred to in Subchapter 6.2, with the effect that these standards are incorporated by reference therein.  These standards are all published by the American Society for Testing and Materials (ASTM) in a document entitled “ASTM Standards on Amusement Rides and Devices, 6^th Edition 2000.”  They consist of provisions applicable to ride manufacturers as well as ride owners and operators.

The referenced ASTM provisions form the basic compliance framework of the proposed regulations.  This framework consists in part of requirements directly referencing ASTM provisions and in part of requirements based on ASTM concepts.  The purpose of this approach is to tailor the ride-safety standards articulated by ASTM to ride owners and operators, who are the ultimate bearers of the duty to provide a safe permanent amusement ride environment to patrons in the State of California.  The Board believes that adoption of this framework will constitute, for the most part, a regulatory standardization of practices that already exist throughout most of the permanent amusement ride industry in California. 

The effect of this subsection is to ensure that owners and operators of permanent amusement rides understand precisely what documents are being referred to in subsequent sections.  These documents are consensus standards developed by the amusement ride industry with regard to:  design and manufacture of permanent amusement rides, methods of testing, and specifications for performance, operation, maintenance, inspection, and other related topics.

Section 3195.2.  Definitions.

Proposed Section 3195.2 defines thirteen terms used in Subchapter 6.2, and indicates that other relevant definitions are found in Section 344.6 of Title 8.  The thirteen terms defined by this section are:  “amusement ride incident,” “aquatic device,” “authorized person,” “DIN Standard,” “existing permanent amusement ride,” “facility,” “flume,” “patron,” “public operation,” “ride,” “splash pool,” “TUV Standard,” and “water slide.”

Article 2.  Requirements, Other than Recordkeeping and Transfer of Information, Applicable to All Permanent Amusement Rides

Section 3195.3.  Required Documentation.

Subsection (a)

The effect of proposed subsection (a), in subsections (1) through (6), is to require owners/operators to have and maintain specified types of documentation for each permanent amusement ride operated at a facility.

Subsection (a)(1)

The effect of proposed subsection (a)(1) is to require owners/operators to have and maintain documentation indicating that the design and manufacture of the ride is in compliance with ASTM F 1159-97a.  The documentation is required to include certain manufacturer-originate design and calculation documents specified in Section 4.1 of ASTM F 1159-97a.

Two exceptions are provided.  The first exception permits documentation of compliance with other accepted standards as an alternative to documentation of compliance with the referenced ASTM provisions, provided the alternative documentation provides a level of detail comparable to that specified by the referenced ASTM provisions.  The second exception applies to existing amusement rides where the required documentation is reasonably believed not to exist or is not reasonably available, and permits the alternative of having and maintaining that documentation from the manufacturer which is reasonably available and, if information is missing on performance characteristics or forces on passengers, using alternative documentation as a supplement to the extent such information is necessary for a reasonably adequate evaluation of the safety of any ride.

Subsection (a)(2)

The effect of proposed subsection (a)(2) is to require owners/operators to have and maintain manufacturer-originated documentation conforming to Sections 5 through 8 of ASTM F 846-92 (Reap proved 1998) on developmental, installation, operational, and nondestructive testing procedures.  Exceptions are provided for existing permanent amusement rides only.  These exceptions apply if the complete documentation required by subsection 3195.3(a)(2) is reasonably believed not to exist or is not reasonably available.

Subsection (a)(3)

The effect of proposed subsection (a)(3) is to require owners/operators to have and maintain documentation consisting of (1) manufacturer-originated maintenance instructions conforming to the specifications of Section 4 of ASTM F 853-98 and (2) mandatory maintenance procedures conforming to the specifications of Sections 5 and 6 of ASTM F 853-98.  The maintenance procedures are to include an effective training program, which must conform to the specifications of Section 6.2 of ASTM F 853-98, include a manual containing the training subject matter, and specify the length of initial and refresher training as well as the frequency of refresher training.

An exception applies, for existing permanent amusement rides only, if the required documentation is reasonably believed not to exist or is not reasonably available.  The exception allows alternative compliance in the form of having and maintaining that documentation which is reasonably available and by having and maintaining effective substitute maintenance instructions meeting a number of specifications reflecting the essential safety concerns of ASTM F 853-98.

Subsection (a)(4)

The effect of proposed subsection (a)(4) is to require owners/operators to have and maintain documentation on mandatory operation procedures conforming to the specifications of Sections 4.1 through 4.1.4.4 of ASTM F 770-93 (Reapproved 2000).  The owner or operator is required to incorporate into this documentation the following items:

(A) Manufacturer-originated information and recommendations conforming to the specifications of Section 3 of ASTM F 770-93 (Reapproved 2000);

(B) A procedure for notifying the manufacturer of any event, failure, or malfunction reasonably and substantially appearing to have an impact on patron safety and to be of a type that could occur in connection with rides of the same design;

(C) Descriptions of signal systems procedures and testing;

(D) Procedures for implementing patron restrictions.  A note follows this provision stating that it is not intended to require any action that would constitute discrimination under state or federal law; and

(E) An effective training program, which must conform to the specifications of 4.1.3 of ASTM F 770-93 (Reapproved 2000), include a manual containing the training subject matter, and specify the length of initial and refresher training as well as the frequency of refresher training.

An exception for existing amusement rides only is provided to the subsection (a)(4)(A) requirement for owners/operators to incorporate into the required documentation certain manufacturer-originated information conforming to Section 3 of ASTM F- 770-93 (Reapproved 2000).  The exception applies where the required documentation is reasonably believed not to exist or is not reasonably available, and permits the alternative of obtaining that documentation which is reasonably available coupled with having and maintaining whatever additional information is necessary to provide an effective informational basis for the procedures developed in conformance with Section 4.1 through 4.1.4.4 of ASTM F 770-93 (Reapproved 2000).

Subsection (a)(5)

The effect of proposed subsection (a)(5) is to require owners/operators to have and maintain documentation indicating that the manufacturer's quality assurance program followed for the ride is in conformance with ASTM F 1193-97 and Section 5 of ASTM F 893-87 (Reapproved 1995).  An exception is provided, for existing permanent amusement rides only, which applies if the documentation is reasonably believed not to exist or is not reasonably available.  The exception permits the alternative of obtaining that documentation which is reasonably available.

Subsection (a)(6)

The effect of proposed subsection (a)(6) is to require owners/operators to have and maintain all of the manufacturer-originated information applicable to each ride as specified in ASTM 698-94.  An exception for existing permanent amusement rides applies where the required documentation is reasonably believed not to exist or is not reasonably available.  The exception allows the alternative of having and maintaining that documentation which is reasonably available and having and maintaining additional documentation as necessary to provide the information called for by the applicable provisions of Sections 2.2.5 through 2.5 and 2.7 through 2.15.3 of ASTM F 698-94.

Subsection (b)

The effect of proposed subsection (b) is to require owners/operators to make available to the Division upon request all of the documentation and records required to be maintained by Section 3195.3(a).

Section 3195.4.  General Design and Manufacture.

The effect of proposed Section 3195.4 is to require that no new permanent amusement ride be opened to the public unless the new permanent amusement ride was designed and manufactured in conformance with the specifications of ASTM F 1159-97a and ASTM 1193-97.  An exception is provided for new permanent amusement rides designed to other generally accepted standards where compliance with such other standards can be shown to ensure patron safety comparable to that provided by these ASTM standards.

Section 3195.5.  Required Testing.

Subsection (a)

The effect of proposed subsection (a) is to require that no permanent amusement ride be operated with patrons on board unless the owner or operator has documentation demonstrating the proper performance of the ride through testing performed in conformance with the specifications of the documentation required by subsections (a)(2)(A) and (a)(2)(B) of Section 3195.3.  An exception is provided for existing permanent amusement rides to mirror the exceptions to Section 3195.3(a)(2).

Subsection (b)

The effect of proposed subsection (b) is to require that all testing required by subsection (a) of this section is conducted by an authorized person as this term is defined at proposed Section 3195.2(d).

Section 3195.6.  Maintenance, Inspection, and Related Training.

Subsection (a)

The effect of proposed subsection (a) is to require owners/operators to follow the procedures specified in the documentation required by Section 3195.3(a)(3)(B), and to require owners/operators to provide training as specified in that documentation to each operator and attendant.

The effect of proposed subsection (b) is to require that all maintenance and inspection functions be performed by an authorized person.

Section 3195.7  Operation Procedures and Related Training.

Subsection (a)

The effect of proposed subsection (a) is to require that owners/ operators of permanent amusement rides follow the operation procedures specified in the documentation required by Section 3195.3(a)(4) for each permanent amusement ride, and to provide training as specified in that documentation to each ride operator and attendant.

Subsection (b)

The effect of proposed subsection (b) is to require owners/operators to use effective signs, videos, or other similarly effective means of advising patrons of those instructions, limitations, and warnings deemed necessary for patron safety by the owner or operator, including those maintained as part of the procedures required by Section 3195.3(a)(4)(D).  When signs are used for this purpose they would be required to be permanently and conspicuously posted at each existing permanent amusement ride.

Subsection (c)

The effect of proposed subsection (c) is to require owners/operators to ensure that, at all times while the facility is open to the public, at least one person employed by or under the control of the owner or operator has current certification in first aid and cardiopulmonary resuscitation (CPR) from the American Red Cross or another nationally recognized organization and is readily available to render such aid to patrons as needed.

Subsection (d)

The effect of proposed subsection (d) is to require owners/operators to ensure that complete operation instructions are readily accessible to the operators and attendants for each permanent amusement ride.

Subsection (e)

The effect of proposed subsection (e) is to require that all ride operation and attendant functions be performed by an authorized person.

Section 3195.8.  Physical Information and Adherence to General Safety-Related Operating Parameters.

Subsection (a)

The effect of proposed subsection (a) is to require that permanent amusement rides not be operated with patrons on board in a manner inconsistent with the specifications of the documentation required by Section 3195.3(a)(6).  An exception requiring the owner/operator to permanently affix certain information on the ride is provided for existing permanent amusement rides if manufacturer-originated information does not exist or is not reasonably available.

Subsection (b)

The effect of proposed subsection (b) is to require that all permanent amusement rides are identified by a registration number, which shall be provided by the Division.  This registration number shall be kept with other pertinent records for the amusement ride and shall be permanently affixed by a Division representative to the ride.

Section 3195.9.  Motion Restriction and Other Specific Hazard Control Measures.

Subsection (a) Emergency Brakes and Devices.

The effect of proposed subsection (a) is to require that ride conveyance vehicles on permanent amusement rides be provided with emergency brakes if upon failure of normal stopping controls collisions likely to cause injury or damage may reasonably be expected to occur.  Low speed vehicles designed for controlled collisions, such as bumper cars, would not require emergency stopping controls.

Subsection (b) Anti Rollback Controls.

The effect of proposed subsection (b) is to require that each permanent amusement ride traversing an inclined track be provided with automatic anti-rollback devices unless such controls would conflict with manufacturer recommendations.

Subsection (c) Speed Limiting Devices and Systems.

The effect of proposed subsection (c)(1) is to require that each permanent amusement ride capable of exceeding its maximum design operating speed be provided with a speed-limiting device or system to ensure that the ride cannot exceed that speed at any time while patrons are on board.  Proposed subsection (c)(2) addresses the sealing and resealing of adjustable mechanical governors.  Proposed subsection (c)(3) addresses safeguards to prevent the ride operator from being able to alter the maximum speed settings of speed-limiting devices other than mechanical governors.

Subsection (d) Signal Systems.

Subsection (d)(1) requires signal systems to be used and to be adequate to control the dispatching of rides as necessary to prevent collision due to any forward unit’s failure to clear a stopping point.  Signal systems must also be adequate to control the operation of the ride so that neither starting nor stopping the ride results in an unsafe condition.  In the case of starting the ride, the signal system must require that, before the start signal is given, there is confirmation that all patrons are safely secured within the ride conveyance vehicle and all other persons are a safe distance from the ride.

An exception provides that use of signal systems is not required if the ride is controlled by a single operator who can clearly observe all phases of operation of the ride.

Proposed subsection (d)(2) requires signal systems to be tested daily prior to initial operation with patrons on board.

Proposed subsection (d)(3) requires a written explanation for use and testing to be available at the operator’s or signaler’s stations.

The effect of this subsection is to prevent inadvertent collisions.

Subsection (e) Protection of Patrons from Hazardous Surfaces and Moving Parts.

The effect of proposed subsection (e) is to require that surfaces of permanent amusement rides with which patrons may come in contact be free from sharp, rough, or splintered surfaces, edges and corners, and protected from protruding studs, bolts, screws, or other projections.  Surfaces and moving parts that a patron may forcibly contact while in motion shall be adequately padded or otherwise designed and maintained to protect against injury.  Moving parts with which patrons may come into contact shall be guarded to protect against injury.

Subsection (f) Patron Retention, Restraint, and Support.

The effect of proposed subsection (f) is to require all tubs, cars, chairs, seats, gondolas, and other carriers to be equipped as necessary with devices that retain, restrain, or support patrons to provide protection against injury.  All fastenings shall be of a type that cannot be released inadvertently by the patron or by other accidental means.  All belts, bars, footrests, and other equipment intended for the protection of patrons while they are on the ride shall be designed and maintained to perform their intended function.

Subsection (g) Accessing and Exiting Permanent Amusement Rides.

The effect of proposed subsection (g) is to require that all steps, ramps and walkways inside the site of the permanent amusement ride used by patrons for accessing and exiting the ride be of adequate design and maintained to perform their intended function.

Subsection (h) Operation and Control of the Ride.

The effect of proposed subsection (h) is to require all rides to be operated and controlled only by authorized persons.  Authorized persons designated to operate or control the ride shall be within immediate reach of the operating controls while the ride is in operation.  Rides would be required to have a stop switch and a disconnect switch within immediate reach of the authorized person.  No permanent amusement ride would be allowed to be capable of starting immediately upon reset of the stop switch or disconnect switch.  Equipment rooms, machinery rooms, and all other areas unsafe for access by patrons or other unauthorized persons are required to be posted to forbid, and secured to prevent, unauthorized access.  Fences installed or replaced after the effective date of this section are required to conform to the specifications of ASTM F 1159-97a.  Electrically energized overhead screens used to power bumper car type rides are required to be free of holes that are not part of the design.

Subsection (i) Electrical Wiring Affecting Permanent Amusement Rides.

The effect of proposed subsection (i) is to require that the installation of all new electrical wiring for permanent amusement rides conform to the applicable requirements of the California Code of Regulations, Title 24, Part 3, California Electrical Code, 1998.

Article 3.  Aquatic Devices

Section 3195.10.  Application.

The effect of proposed Section 3195.10 is to provide that the requirements in Section 3195.11 through Section 3195.13 apply only to aquatic devices.

Section 3195.11.  Operation and Maintenance.

Subsection (a)

The effect of proposed subsection (a) is to require aquatic device owners/operators to supplement the operation procedures required by Section 3193.3(a)(4) with written emergency procedures as well as instructions and procedures addressing staffing levels, control of patron movement, supervision of flumes and splash pools, and maintenance of water quality.  Staffing levels are required to be determined by the owner/operator based on seven specified considerations.

Subsection (b)

The effect of proposed subsection (b) is to require that, at all times that the aquatic device is in operation, owners/operators of aquatic devices maintain staffing levels in compliance with the written operational instructions required by proposed subsection (a)(2)(A) of this section.  Attendants are required to be located in certain vicinities of the water slide splash pool.  Current certification to perform first aid and cardio-pulmonary resuscitation is required for personnel who supervise patrons at aquatic devices or interact with patrons for the purpose of controlling patron usage of or movement through aquatic devices.

Subsection (c)

The effect of proposed subsection (c) is to require that surfaces and edges of aquatic devices that patrons may contact be free from cutting or pinching hazards or any other hazards that may cause injury.

Subsection (d)

The effect of proposed subsection (d) is to require that, if power is used to generate water movement for an aquatic device, at least one attendant have access to a stopping device that will remove all power.

Subsection (e)

The effect of proposed subsection (e) is to require that drains on aquatic devices be visible to at least one attendant.

Subsection (f)

The effect of proposed subsection (f) is to require that entrances to and exits from aquatic devices be clearly marked.

Subsection (g)

The effect of proposed subsection (g) is to require that areas of ingress to and egress from aquatic devices, as well as walking surfaces in or on aquatic devices, be designed and maintained to drain standing water and to be slip resistant.

Article 4.  Recordkeeping and Information Transfer

Section 3195.12.  Recordkeeping.

The effect of proposed Section 3195.13 is to require owners/operators to make and maintain for at least five years, and make available to the Division upon request during any Division inspection, records of all of the following: training, maintenance, repair, inspection, testing, accidents required to be reported pursuant to Section 344.15 of Title 8; amusement ride incidents, water quality testing of aquatic devices and determinations of staffing levels to be maintained at aquatic devices.  This section requires records of incidents to consist of any reasonable format chosen by the owner/operator, and that records of accidents include certain information such as date of occurrence, name of ride manufacturer, a detailed description of the accident, information on all persons involved in the accident, and the nature of injuries and treatment that resulted.

Section 3195.13.  Transfer of Information with Used Permanent Amusement Rides.

Subsection (a)

The effect of proposed subsection (a) is to require that the seller of a used permanent amusement ride provide the following information to the new owner upon transfer of the ride, to the extent the information is known or within the seller’s possession: manufacturer documentation, operational and maintenance manuals, information on any modifications, and a summary of all incidents reported to the manufacturer pursuant to the procedure required by Section3195.3(a)(4)(B) of this Title and all accidents reported pursuant to Title 8, Section 344.15.

Subsection (b)

The effect of proposed subsection (b) is to require the purchaser of a used permanent amusement ride to notify the manufacturer, if the manufacturer still exists, of the change of ownership.

Subsection (c)

The effect of proposed subsection (c) is to require that the purchaser of a used permanent amusement ride obtain from the manufacturer all updated owner, operational, and maintenance manuals and service bulletins to the extent they are available.

Section 3195.14  Confidentiality.

The effect of proposed Section 3195.14 is to require the Division to maintain the confidentiality of all documentation and records required by this Subchapter to the extent that the Division obtains such documentation and it is protected by Labor Code Section 6322 or any other applicable provision of law.

DOCUMENTS INCORPORATED BY REFERENCE

(1) American Society for Testing and Materials (ASTM) F 698-94, “Standard Specification for Physical Information to be Provided for Amusement Rides and Devices,” Sections 1 through 3.

(2) ASTM F 770-93 (Reapproved 2000), “Standard Practice for Operation Procedures for Amusement Rides and Devices,” Sections 1 through 4.

(3) ASTM F 846-92 (Reapproved 1998), “Standard Guide for Testing Performance of Amusement Rides and Devices,” Sections 1 through 8.

(4) ASTM F 853-98, “Standard Practice for Maintenance Procedures for Amusement Rides and Devices,” Sections 1 through 6.

(5) ASTM F 893-87 (Reapproved 1995), “Standard Guide for Inspection of Amusement Rides and Devices,” Sections 1 though 5.

(6) ASTM F 1159-97a, “Standard Practice for the Design and Manufacture of Amusement Rides and Devices,” Sections 1 through 14.

(7) ASTM F 1193-97, “Standard Practice for an Amusement Ride and Devices Manufacturer Quality Assurance Program,” Sections 1 through 7.

These documents are too cumbersome or impractical to publish in Title 8.  Therefore, it is proposed to incorporate the documents 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 significant 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 Occupational Safety and Health Standards Board has made an initial determination that the adoption of these regulations may have a significant adverse economic impact on businesses, including the ability of California businesses to compete with businesses in other states.  The Standards Board has considered proposed alternatives that would lessen any adverse economic impact on business and invites you to submit proposals.  Submissions may include the following considerations: The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to businesses.  Consolidation or simplification of compliance and reporting requirements for businesses.  The use of performance standards rather than prescriptive standards.  Exemption or partial exemption from the regulatory requirements for businesses.

These estimates are based on the memorandum from Bryan Eckman to the rulemaking file dated April 8, 2002.