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 November 15, 2001 at 10:00 a.m.

in the Auditorium of the 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 November 15, 2001 following the Public Meeting

in the Auditorium of the 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 November 15, 2001 following the Public Hearing

in the Auditorium of the 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,

 

 

 

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 Construction Safety Orders and the General Industry Safety Orders in Title 8 of the California Code of Regulations, as indicated below, at its Public Hearing on November 15, 2001.

 

1.         TITLE 8:          CONSTRUCTION SAFETY ORDERS

                                    Chapter 4, Subchapter 4, Article 29

                                    Section 1718 and

                                    GENERAL INDUSTRY SAFETY ORDERS

                                    Chapter 4, Subchapter 7, Article 98     

                                    Section 4995

                                    Riding on Loads

                                               

2.         TITLE 8:          GENERAL INDUSTRY SAFETY ORDERS

Chapter 4, Subchapter 7, Article 3

                                    Section 3251

                                    Refrigerator Vehicles

 


 


A description of the proposed changes are as follows:

 

1.         TITLE 8:          CONSTRUCTION SAFTY ORDERS

                                    Chapter 4, Subchapter 4, Article 29

                                    Section 1718 and

                                    GENERAL INDUSTRY SAFETY ORDERS

                                    Chapter 4, Subchapter 7, Article 98

                                    Section 4995

                                    Riding on Loads

 

           

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY

STATEMENT OVERVIEW

 

The proposed rulemaking process is initiated by a decision of the Occupational Safety and Health Appeals Board (OSHAB) issued on March 31, 2000.  The Division of Occupational Safety and Health (Division) issued a serious citation for a violation of Title 8, Section 1718(a) [riding a crane load] to California Erectors, Bay Area, Inc.  Employer filed a timely appeal to contest the citation.  After hearing the case, the OSHAB granted the appeal, vacated the citation and set aside the penalty.

 

Title 8, Section 1718(a) of the Construction Safety Orders (CSO) and Section 4995 of the General Industry Safety Orders (GISO) prohibit employees from riding on loads of any derrick, hoist, or crane.  Since the term “to ride on loads” is not currently defined in Title 8, the OSHAB Administrative Law Judge interpreted that “to ride on loads” means the employee is sitting and traveling as a passenger on a load that is being moved by a crane.  That means, an employee on a stationary load will not be in violation of Sections 1718(a) and 4995, although the employee is exposed to the same hazard of falling from the load as on a moving load.  To eliminate the confusion over the meaning of terms “ride” and “ride [or riding] on loads,” Board staff proposes to amend Section 4995 to replace the ambiguous term - to ride on loads - with language that clarifies the intent of the regulation and makes it more understandable to employers.

 

Before August 29, 1986, the safety orders pertaining to derricks, cranes, and boom-type excavators were included in both the CSO and GISO.  On August 29, 1986, the CSO was amended to delete the crane safety orders and add reference to the GISO.  This proposal amends Section 1718(a) to replace the provision regarding “riding on loads” with a reference to GISO, Section 4995.

 

Section 1718(a). Riding on Loads.

 

Section 1718(a) prohibits employees from riding on loads, hooks, or slings of any derrick, hoist, or crane.  A revision is proposed to amend Section 1718(a) to delete the current prohibition pertaining to riding on loads and add reference to Section 4995.  The proposed revision will clearly indicate to the employer that the requirement(s) pertaining to riding loads is contained in the crane regulations in the GISO.

 

Section 4995.   Riding Loads on Derricks, Hoists, or Cranes.

 

Section 4995 of the GISO prohibits employees from riding on loads, hooks, or slings of any derrick, hoist or crane.  A revision is proposed to amend Section 4995 to replace the ambiguous term “to ride on loads” with the language that makes the intent of regulation more understandable.  The proposed revision will have no substantive effect other than to clearly indicate to the employer that under no circumstance shall an employee be permitted to be on a load regardless of whether it is moving or stationary.

 

The intent of the “Note” is to explain to employers where regulations governing acceptable methods for hoisting personnel are located in the safety orders.

 

 

COST ESTIMATES OF PROPOSED ACTION

 

Costs or Savings to State Agencies

 

No costs or savings to state agencies will result as a consequence of the proposed action.

 

Impact on Housing Costs

 

The Board has made an initial determination that this proposal will not significantly affect housing costs.

 

Impact on Businesses

 

The Board has made an initial determination that this proposal will not result in a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

 

Cost Impact on Private Persons or Businesses

 

The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

 

Costs or Savings in Federal Funding to the State

 

The proposal will not result in costs or savings in federal funding to the state.

 

Costs or Savings to Local Agencies or School Districts Required to be Reimbursed

 

No costs to local agencies or school districts are required to be reimbursed.  See explanation under “Determination of Mandate.”

 

Other Nondiscretionary Costs or Savings Imposed on Local Agencies

 

This proposal does not impose nondiscretionary costs or savings on local agencies.

 

 

DETERMINATION OF MANDATE

 

The Occupational Safety and Health Standards Board has determined that the proposed 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 3

                                    Section 3251

Refrigerator Vehicles

 

 

INFORMATIVE DIGEST OF PROPOSED ACTION/

POLICY STATEMENT OVERVIEW

 

The Occupational Safety and Health Standards Board (Board) received a memorandum dated December 18, 2000 with attachments from the Division of Occupational Safety and Health (Division) requesting the Board to modify Section 3251, which applies to refrigerated compartments on trucks or trailers.  The Division notes that Section 3249 of the General Industry Safety Orders requires that a fire axe be kept inside a fixed cold storage room so that employees trapped inside by a door frozen shut can batter their way out.  There is an exception to that regulation, which allows administrators of correctional facilities or psychiatric hospitals to forego providing a fire axe, if supervisory personnel are continually on duty and there are administrative procedures in place to prevent employees from being closed inside a cold storage room.  This exception exists because the fire axe, in these facilities, presents a greater hazard to correctional officers or hospital attendants than the lack of a fire axe does to inmates working in a cold room.

 

Section 3251 applies to refrigerated compartments on trucks or trailers and also requires that an axe, pinch bar, or other tool be kept inside the unit.  However, this Section has no exception for correctional facilities and psychiatric hospitals.  The Division recommends Section 3251 be modified by adding an exception that closely resembles the exception for correctional facilities and psychiatric hospitals that already exists in Section 3249.

 

Section 3251.  Refrigerator Vehicles.

 

This section contains general industry requirements for mobile refrigerated compartments to include at least one inside opening door that provides a safe means of egress.  There also must be provided a suitable axe, pinch bar or other tool that can be used for escape if the door freezes tight.

 

A revision is proposed to add an exception to Section 3251 that excludes mobile refrigerator vehicles that service mental, penal or corrective institutions from having to provide and maintain an axe, pinch bar or other tool on the vehicle provided supervisory personnel are available to ensure the compartment is free of occupants before it is closed/sealed.  The effect of this proposal will require employers to implement administrative procedures that will ensure personnel are available to check and, if necessary, remove occupants before the refrigerator doors are closed/sealed.

 

 

COST ESTIMATES OF PROPOSED ACTION

 

Costs or Savings to State Agencies

 

No costs or savings to state agencies will result as a consequence of the proposed action.

 

Impact on Housing Costs

 

The Board has made an initial determination that this proposal will not significantly affect housing costs.

 

Impact on Businesses

 

The Board has made an initial determination that this proposal will not result in a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

 

Cost Impact on Private Persons or Businesses

 

The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

 

Costs or Savings in Federal Funding to the State

 

The proposal will not result in costs or savings in federal funding to the state.

 

Costs or Savings to Local Agencies or School Districts Required to be Reimbursed

 

No costs to local agencies or school districts are required to be reimbursed.  See explanation under “Determination of Mandate.”

 

Other Nondiscretionary Costs or Savings Imposed on Local Agencies

 

This proposal does not impose nondiscretionary costs or savings on local agencies.

 

 

DETERMINATION OF MANDATE

 

The Occupational Safety and Health Standards Board has determined that the proposed regulation does not impose a local mandate.  Therefore, reimbursement by the state is not required pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code because the proposed 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 regulations require local agencies to take certain steps to ensure the safety and health of their own employees only.  Moreover, the proposed regulation does not in any way require local agencies to administer the California Occupational Safety and Health program.  (See City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478.)

 

The proposed regulation does not impose unique requirements on local governments.  All employers – state, local and private – will be required to comply with the prescribed standard.

 

 

EFFECT ON SMALL BUSINESSES

 

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

 

 

ASSESSMENT

 

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

 

 

REASONABLE ALTERNATIVES CONSIDERED

 

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

 

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

November 9, 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

November 15, 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 7, General Industry Safety Orders, Article 109, Section 5193, Bloodborne Pathogens.

          

           Heard at the June 21, 2001 Public Hearing; adopted on July 19, 2001; filed with the Secretary of State on August 3, 2001; and became effective on August 3, 2001.

 

2.               Title 8, Chapter 7, Subchapter 5, Low Voltage Electrical Safety Orders, Article 3, Section 2320(a) and High Voltage Electrical Safety Orders, Article 36, Section 2941(f), Electrical Worker Apparel and Use of a Ground-Based Observer When Performing Rubber Gloving Operations on Energized Conductors/Equipment.

 

Heard at the April 19, 2001 Public Hearing; adopted on July 19, 2001; filed with the Secretary of State on August 27, 2001; and became effective on September 26, 2001.

  

    3.        Title 8, Chapter 4, Subchapter 6, Elevator Safety Orders, Article 1, Section 3000, Article 2, Section 3001, Article 6, Section 3009, Article 15, Sections 3093 through 3093.60, and Article 36, Section 3136; and Title 24, Part 7, California Elevator Safety Construction Code, Article 7-6, Section 7-3009, Article 7-15, Sections 7-3093 through 7-3093.60, and Article 7-36, Section 7-3136, Special Access Elevators and Lifts.

 

Heard at the February 22, 2001 Public Hearing; adopted on April 19, 2001; filed with the Secretary of State on August 29, 2001; and became effective on September 28, 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.

 

 

This information is updated monthly.  The Standards Board’s e-mail address is:  oshsb@dir.ca.gov.