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 May 16, 2002 at 11:00 a.m.
                                                 in the Auditorium of the California State Building,
                                                1350 Front Street, San Diego, 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 May 16, 2002 following the Public Meeting
                                                 in the Auditorium of the California State Building,
                                                1350 Front Street, San Diego, 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 May 16, 2002 following the Public Hearing
                                                  in the Auditorium of the California State Building,
                                                 1350 Front Street, San Diego, 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.

 

 

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 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, High-Voltage Electrical Safety Orders and General Industry Safety Orders of the California Code of Regulations, as indicated below, at its Public Hearing on May 16, 2002.

  

1.         TITLE 8:         HIGH-VOLTAGE ELECTRICAL SAFETY ORDERS
                                   Chapter 4, Subchapter 5
                                   Group 2, Article 40 (New Article)
                                   Sections 2980 - 2983
                                   Electronic News Gathering (ENG)

 

2.         TITLE 8:         GENERAL INDUSTRY SAFETY ORDERS
                                   Chapter 4, Subchapter 7
                                   Article 81, Section 4799
                                   Oxygen or Fuel-Gas Operator Training Instructions

 

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A description of the proposed changes are as follows:

 

1.         TITLE 8:        HIGH-VOLTAGE ELECTRICAL SAFETY ORDERS
                                  Chapter 4, Subchapter 5
                                  Group 2, Article 40 (New Article)
                                  Sections 2980 - 2983 
                                  Electronic News Gathering (ENG)

 

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY
STATEMENT OVERVIEW

 

Existing Title 8, Electrical Safety Orders do not specifically address the hazards associated with the operation of electronic news gathering vehicles equipped with elevating masts and/or antennas capable of being extended into or near high-voltage power lines.  Such vehicles are increasingly being used for television and radio live, on-location news, as well as for taping and relaying news, sporting, and other live events on location for broadcast or closed-circuit use and for electronic field production.  Some public safety organizations also utilize microwave mast equipped vehicles.

 

This rulemaking is the direct result of a petition to the Board from five southern California labor union locals, representing over 40,000 workers in the radio and television industry.  The petition (OSHSB File No. 422) was initiated as a result of a microwave mast accident that occurred on May 22, 2000, in Hollywood, wherein the microwave mast of an ENG vehicle was inadvertently extended into overhead power lines energized at 34,500 volts phase-to-phase (19,980 volts phase-to-ground).  The reporter assigned to the vehicle received third-degree burns when she exited the vehicle while it was in contact with the high-voltage lines.  She subsequently lost her right foot and left hand, as well as toes on her left foot and some fingers on her right hand as a result of the burns. 

 

In the same month that this accident occurred, three members of an ENG crew in Alexandria, VA were injured when the mast of their vehicle made contact with high-voltage electric power lines.  Another ENG photographer in Cedar Rapids, IA was also reportedly critically injured when the mast of his microwave news van came into contact with an overhead high-voltage power line.  Other accidents of a similar nature have occurred over the years as evidenced by OSHA accident inspection reports.  Such accidents usually result in severe burns, dismemberment, or death to the ENG vehicle crew, and can present a danger to pedestrians near the vehicle through a phenomenon known as step-potential wherein the earth in the vicinity of the vehicle in contact with high-voltage power lines becomes energized as the current flows to ground.

 

The petition proposed a safety standard for ENG consisting of nine elements.  On January 18, 2001, the Standards Board granted the petition to the extent that it directed Staff to convene an advisory committee to consider seven of the proposed elements.  In addition, the Board recommended that the advisory committee should evaluate clarifying the application of the Telecommunication Safety Orders (TCSO), Section 8600, with regard to ENG operations.

 

The regulations being proposed were developed in conjunction with an ENG Advisory Committee that was held on June 12-13, 2001, and a Subcommittee on training that met on July 18, 2001.  The ENG Advisory Committee consisted of a broad spectrum of participants from broadcast news organizations, labor, ENG vehicle manufacturers, electric utilities, and interested government agencies.

 

The Advisory Committee determined that the inclusion of the ENG regulations in the TCSO would be inappropriate because TCSO Section 8600(d) requires that all work performed under the provisions of the TCSO be performed under the direction of Qualified Telecommunications Workers or Qualified Electrical Workers trained in the operations involved.  This is inconsistent with common practice in the ENG industry; furthermore, ENG crews do not normally work in close proximity to high-voltage power lines as telecommunications workers do.

 

Many of the proposed requirements for ENG vehicles are already being voluntarily provided in vehicles currently being manufactured.  A period of one year from the effective date of this regulation is permitted for vehicle manufacturers to implement any changes in production practices that may be necessary to make newly manufactured vehicles fully compliant.  A period of two years from the effective date of the regulations will be permitted for existing, non-compliant vehicles to be retrofitted.  The cost of compliance for new vehicles, estimated at $1500, is minor compared to the suffering caused by electrical accidents and the loss of work time and medical expenses.  Costs of retrofitting existing vehicles can vary widely depending on the age and manufacture of the vehicle; however, assuming a worst case that the existing vehicle has none of the required equipment, the cost of retrofit is not anticipated to exceed $3000 including parts and labor.

 

Not only will the proposed regulations improve the safety of working conditions for the ENG crew, but they will also provide an improved level of safety for public safety workers and members of the public in the vicinity of ENG vehicles by greatly reducing the hazard of accidental contact with high-voltage power lines.

 

Article 40.  Electronic News Gathering is an entirely new Article in the High-Voltage Electrical Safety Orders.  It consists of the following requirements:

 

Section 2980.  Definitions.

This section includes definitions for “Electronic News Gathering (ENG)” and “ENG Vehicle.”  The effect will be to define the scope of the regulations for proper application.

 

Section 2981.  Provisions for Preventing Accidents Due to Operation of Electronic News Gathering Vehicles in Proximity of Overhead Power Lines.

This section contains requirements for ENG vehicle safety devices, a vehicle safety manual, and prescribes effective dates for application of the regulation.  Specific provisions of Section 2981 are as follows:

 

Subsection (a) Constant pressure mast switches: 

This subsection requires means to prevent raising or rotating the elevating antenna or dish unattended.  ENG vehicles already have a switch for elevating antenna; however, the effect of this regulation will be to require a switch that will require constant attendance to operate and to be so located to enable continuous, responsible observation of the overhead environment by the operator when elevating the antenna. 

 

Subsection (b) Level indication devices: 

This subsection requires means to indicate whether the vehicle is on level or sloping ground.  Microwave masts often are 55 feet high, with some up to 70 feet high, and the offset of the mast of a vehicle parked on a slight slope can be greatly magnified.  The effect of this requirement will be to require provision of level indication devices on vehicles not already so equipped to assist the crew in assessing the risk of elevating the vehicle mast into overhead obstructions such as power lines which may be near, but not directly overhead when the vehicle is not on level terrain.

 

Subsection (c) Illumination:

ENG vehicles are called upon to set-up in all kinds of locations, at all times of day and night, and locating overhead power lines during periods of darkness or reduced illumination can be difficult without adequate lighting.  This subsection requires illumination adequate to assist operating personnel in locating overhead hazards such as power lines within the proximity of the elevating device during periods of darkness or reduced available light.  The effect of this subsection will be to require ENG vehicles to be equipped with spotlights or similar devices that can be aimed upward to illuminate obstructions in the path of the antenna and/or mast. 

 

Subsection (d) Audible and visual warnings:

Movement of an ENG vehicle when the mast and/or antenna is extended can be hazardous because such movement may put the mast or antenna into contact with overhead power lines.  The effect of thissubsection will be to require provision of visual and audible warning alarms to alert the driver that the mast is elevated.  However, the arrangement will not prevent movement of the vehicle if, in the driver’s opinion, emergency movement is necessary.

 

Subsection (e) Warning signs:

The purpose and effect of this subsection will be to require warning signs to be placed in locations where they are readily observable by the mast operator and the vehicle driver.  The effect of subsection (e)(1) will be to require a sign at the mast operator’s position that will inform of the minimum clearances required from overhead power lines.  

 

The purpose and effect of subsection (e)(2) will be to require signs at the mast operator’s and driver’s positions to inform them of the vehicle height when the mast or antenna is raised and when it is stowed.  These warning signs will assist the crew in avoiding contact with overhead power lines and also in preventing collision of the vehicle with fixed overhead obstructions such as over-crossings and low clearance parking garages.

 

Subsection (f) Vehicle safety manual:

The effect of this subsection will be to require each ENG vehicle to be furnished with a single safety manual containing all the essential vehicle and equipment operating information specific for the vehicle in which it is placed in order to provide the crew with a ready reference of specific vehicle information. 

 

Subsection (g) Requirement for work to be performed in accordance with Article 37 of the High-Voltage Electrical Safety Orders (HVESO):

The effect of this subsection will be to clarify that other provisions of the HVESO are applicable to ENG.  This is not a new requirement, but only a clarification of existing requirements.

 

Subsection (h) Effective dates:

This subsection establishes compliance dates for newly manufactured ENG vehicles and for those vehicles already in service.  The effect will be to provide time for manufacturers of new vehicles to adjust their manufacturing procedures once the requirements are codified.  Furthermore, additional time will be allowed for existing vehicles so that vehicle owners can manage cash flow and retrofit their fleet in an orderly manner without having to take a substantial portion of their fleet “off the street” at one time.

 

Section 2982.  Employee Training:

Subsection (a) Scope and application:

Subsection (a)(1) specifies that ENG training requirements are in addition to those of the Injury and Illness Prevention Program (GISO 3203(a)(7)).  The effect of this is to address hazards that are unique to ENG and to clarify that specific ENG training is an “add-on module” to Section 3203. 

 

It is necessary to maintain a high employee awareness of the hazards of electrical energy and to keep employees current on new hazards presented by rapidly changing technology.  Therefore, subsection (a)(2) specifies that safety training shall be conducted not less than annually for all personnel employed in ENG.  The effect of this regulation will be to impose annual training requirements on employers in addition to the initial training currently required by GISO Section 3203.

 

Subsection (a)(3) defines the personnel to be included within the scope of the training requirements.  In addition to “field personnel” (employees actually working the ENG vehicles), supervisory personnel who assign or have immediate and direct control over field personnel are also required to receive the training.  Since ENG is unique from other industries in that the supervisor normally cannot “walk by” and observe the work conditions of his/her subordinates, the effect of this regulation will be to require persons having immediate and direct control over field personnel to receive the same training as those they supervise so they will be aware of the hazards associated with ENG so that they do not order field crews into unnecessarily hazardous assignments. 

 

Subsection (a)(4) requires the employer to implement measures to ensure that personnel are trained as required by Section 2982(b) prior to their operating or working in proximity of ENG vehicles under field conditions.  The effect of this regulation will be to prevent the assignment of personnel to ENG vehicles before they have received the requisite training.

 

Subsection (a)(5) requires personnel who assign or supervise field personnel, to have successfully completed training required by Section 2982(b) prior to assigning or supervising field personnel.  The effect of this regulation will be to prevent personnel from assigning or directing ENG crews in the field until they (the supervisory personnel) have received the requisite training.  An exception suspends this requirement during major natural disasters or civil emergencies so as not to interfere with the special access privileges afforded news gathering organizations by Penal Code Section 409.

 

Subsection (b) Training:

Subsection (b)(1) contains a general statement of the goal of ENG training; to instill an understanding of the specific hazards associated with electrical energy and to teach safety-related work practices and procedural requirements as necessary to provide protection from electrical hazards.  The effect of this requirement is to specify the breadth of the required safety training.

 

Subsection (b)(2) requires the employer to establish, implement, and maintain a written Code of Safe Practices for ENG.  The effect of this requirement will be to require ENG vehicle operators to develop and implement a written training program for their employees, which will consist of subjects that have been determined to be minimum training requirements for the safe operation of ENG vehicles.

 

Subsection (b)(3) requires training and evaluation to be conducted by qualified individuals.  The effect of this regulation will be to insure that adequate standards are maintained.

 

Subsection (c) Documentation:

The effect of this subsection is to require the documentation of employee training, consistent with the requirements of the GISO Injury & Illness Prevention Program, which are applicable for all industries.

 

Section 2983.  Safety Inspections:

The effect of this subsection will be to require quarterly safety inspections.  Safety inspections on a quarterly basis were determined to be necessary due to the normal lack of direct supervisory oversight of field crews, rapidly changing technology, intense time pressures upon the field crew to get the news story, and continuously changing work conditions.  Quarterly in-the-field safety inspections will also facilitate the maintenance of safe work practices between annual training, which is required by Section 2982(a)(2).

 

Authority for this rulemaking is found in Labor Code, Section 142.3.

 

COST ESTIMATES OF PROPOSED ACTION

Costs or Savings to State Agencies

Costs or savings to state agencies may result as a consequence of the proposed action.  The proposed regulations do no impose unique requirements on State agencies.  Only agencies with vehicles within the scope of this regulation will be affected, and their costs and/or savings will be the same as for businesses having the same kind of vehicles.  Only two State Agencies (the Office of Emergency Services and the Department of Forestry) are known to have vehicles that will be affected by these proposed regulations. 

 

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.

 

Added costs associated with equipping new ENG vehicles to comply with the proposed requirements were estimated by the Advisory Committee to be $1500 on average.  The cost of retrofitting existing vehicles will depend on the age and manufacture of the vehicles, but has been estimated not to exceed $3000 per vehicle.  Additionally, costs may be more than offset by increased employee safety, and reduced likelihood of mast and vehicle damage due to the required safety provisions, including a warning system to alert the driver and crew if movement of the vehicle is attempted without the mast being fully retracted and stowed.

 

Due to economics of size (large vs. small stations), and the wide range in labor and talent costs throughout the State, it is impossible to arrive at meaningful training costs that can be applied statewide.  Furthermore, the proposed regulations are performance oriented and do not mandate a specific amount of training time; however, the training subcommittee estimated that initial coverage of the required subjects would take approximately eight hours.  Annual refresher courses may require less than eight hours.  It should be kept in mind that initial training is already required by General Industry Safety Orders, Section 3203(a)(7) and therefore should not be considered an added cost of this proposed regulation; however, some stations may need to adjust their initial training based on the proposed training regulations. 

 

Cost Impact on Private Persons or Businesses

The Board is not aware of any cost impacts that a representative private person may incur; however, the cost impact that businesses would necessarily incur in reasonable compliance with the proposed action is described in the section above.

 

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 Reimburse

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 imposes nondiscretionary costs on local agencies; however, only agencies with vehicles within the scope of the proposed regulations will be affected.  Costs and/or savings to agencies affected will be the same as for businesses discussed previously.  Due to the specialized nature and high cost of the regulated vehicles, most local agencies will not have such vehicles and will therefore not be affected.  Those agencies having vehicles subject to the proposed regulations are likely to have no more than a few.

 

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 beyond those applicable to any other entity that operates ENG vehicles.  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 will not affect small businesses as defined in Government Code Section 11342.610.

 

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.

 

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2.         TITLE 8:            GENERAL INDUSTRY SAFETY ORDERS
                                      Chapter 4, Subchapter 7
                                      Article 81, Section 4799
                                      Oxygen or Fuel-Gas Operator Training Instructions

                                   

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY
STATEMENT OVERVIEW
 

This rulemaking action is based upon the findings of Board staff and the Division of Occupational Safety and Health (Division) resulting from the evaluation of Petition File No. 392, submitted by Mr. Steve Ababan, General Manager of Torchmaster.  The petition requested that Sections 4799 and 4848 of the General Industry Safety Orders (GISO) be amended to provide more specific training requirements for employees in charge of oxygen or fuel-gas supply or distribution equipment for welding and cutting operations.  Evaluation of the petition by Board and Division staff concluded that existing Section 4799, Section 4848, and Section 3203 Injury and Illness Prevention Program adequately addressed this training issue.  Consequently, the Board denied the Petitioner’s proposed amendments to Sections 4799 and 4848.  However, in evaluating the merits of Petition No. 392, the Board concurred with Board and Division staff that Section 4848(a) be revised to reference the 1994 edition of American National Standards Institute (ANSI) Z49.1, Safety In Welding, Cutting and Allied Processes.  Board staff has, through a separate rulemaking action in progress, proposed amendments to Section 4848 to replace the outdated ANSI reference with the 1994 edition of the ANSI standard.  Chapter 10 of this standard contains specific safety procedures to be followed that are applicable to employees who operate oxygen or fuel-gas welding and cutting equipment.

 

Board staff proposes to amend Section 4799 in this rulemaking action to include a reference to the Injury and Illness Prevention Program requirements in Section 3203 in order to make it clear as to when employers are to train employees in charge of oxygen or fuel-gas equipment, and how such training is to be documented.  Subsections (a)(7)(A) through (F) of Section 3203 establish requirements for employee training, and subsection (b) addresses written documentation of such training.  As stated in the Board’s Decision of OSHSB Petition File No. 392, the Division and Board staff concluded that the training requirements in Section 3203 apply to oxygen or fuel-gas operations and, in conjunction with the training requirements in Section 4799, adequately address the training needs of employees and supervisors involved in these hazardous operations. 

 

Section 4799.  Training of Operators and Instructions.

The first sentence in existing Section 4799 requires employers to instruct (train) employees who are in charge of oxygen or fuel-gas supply equipment, including generators and oxygen or fuel-gas distribution piping systems, before being left in charge.  A revision is proposed to reword this sentence to read, “Employees in charge of the oxygen or fuel-gas supply equipment including generators, and oxygen or fuel-gas distribution piping systems shall be instructed for this work in accordance with the requirements of Section 3203 of the General Industry Safety Orders before being left in charge.”  The proposed revision will clarify to the employer that all employees left in charge of oxygen or fuel-gas supply equipment must receive training and instruction in accordance with the employer’s Injury and Illness Prevention Program as outlined in Section 3203 of the General Industry Safety Orders.  Section 3203 addresses, in part, requirements for initial and periodic training, supervisor training, and documentation of training.

 

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, 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 impact 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, 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 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 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.

 

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 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 May 10, 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 May 16, 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.