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 21, 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 November 21, 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 November 21, 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.

 


 

 

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, Construction Safety Orders and General Industry Safety Orders, of the California Code of Regulations, as indicated below, at its Public Hearing on November 21, 2002.

 

 

1.         TITLE 8:          CONSTRUCTION SAFETY ORDERS

                                    Chapter 4, Subchapter 4, Article 14

                                    Sections 1604.5(c)(3) and 1604.6

                                    Construction Hoistway Doors and Door Locking Devices

 

 

2.         TITLE 8:          GENERAL INDUSTRY SAFETY ORDERS

                                    Chapter 4, Subchapter 7, Article 4

                                    Sections 3279 and 3280

                                    Portable Ladders

                                               

 


 

A description of the proposed changes are as follows:

 

 

1.         TITLE 8:          CONSTRUCTION SAFETY ORDERS

                                    Chapter 4, Subchapter 4, Article 14

                                    Sections 1604.5(c)(3) and 1604.6

                                    Construction Hoistway Doors and Door Locking Devices

                                   

 

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY

STATEMENT OVERVIEW

 

 

This proposed rulemaking action is being initiated at the request of the Division of Occupational Safety and Health (Division).  The Division submitted a Request for New or Change in Existing Safety Order, dated December 22, 2000, to amend the Construction Safety Orders (CSO), Section 1604.6(a) to update the language of the regulation to be consistent with the latest edition of the American National Standards Institute (ANSI) A10.4-1990.

 

The Division investigated an accident involving two fatalities of workers who fell through a hoistway door at a construction personnel hoist landing at the 21st floor of the Sheraton Grand high rise building under construction in Sacramento.  The hoistway door failed and opened when one of the two workers, who were allegedly scuffling while waiting for the hoist car, fell against the door.

 

During the accident investigation, the Division found that the existing regulation has essentially adopted the language of ANSI A10.4-1973, Section 6.1, Hoistway Doors and Door Locking Devices.  The review of the regulations revealed that the requirements of the existing Title 8, Section 1604.6(a) for hoistway doors are not as effective as the requirements of the ANSI A10.4-1990 (current edition), Section 6.1, because the current edition includes the strength specifications for the design of hoistway doors.  Staff notes that existing Title 8 strength requirements for construction personnel hoist elevator doors are contained in Section 1604.18(a)(4) and specify that the elevator car doors are to be strong enough so as not to displace when a force of 250 pounds is applied perpendicularly to a 1 square foot area at the center of the door.  The proposed amendment will update the language of the existing regulation to be consistent with the ANSI A10.4-1990 and will specify the strength requirements for the construction hoistway doors and gates.

 

Federal OSHA regulation 29 CFR, Subpart N, Section 1926.552(c)(16) has incorporated by reference the ANSI A10.4-1963, Safety Requirements for Workmen’s Hoists.  Thus, California and federal OSHA are consistent in adopting the ANSI A10.4 requirements for the construction hoistway doors.

 

In light of the above information and discussion, this rulemaking action will address the Division’s request to improve the effectiveness of the Title 8 regulations by establishing the minimum design strength specifications for construction hoistway doors.

 

The Board staff wishes to acknowledge the fact that the proposed amendments to Section 1604.6 were developed with the assistance of an advisory committee which included representatives from the Division of Occupational Safety and Health (Division) and the two leading manufacturers of construction personnel hoists in California.  Board staff’s proposed hoistway door strength requirement deviates somewhat from what is contained in the ANSI A10.4-1990 standard to the extent that it proposes that hoistway doors, gates, etc., are not to be displaced from their supports when they are subjected to a force of 250 pounds distributed over an area of 1 square foot applied to any part of the door as opposed to be distributed over the full surface of the door as stated in the ANSI standard.  Board staff believes and the advisory committee concurred that Board staff’s proposed language will result in more substantial hoistway doors, gates and components that will be less likely to be displaced from their supports thus preventing employees from falling through the door to a level below.  During an August 21, 2002 telephone conversation with the Division, the Division restated their support for Board staff’s proposed hoistway door strength requirements.

 

An additional amendment to Section 1604.5(c)(3) which pertains to the design of hoistway enclosures is proposed, which would delete the unnecessary phrase “…and hoistway doors…” in paragraph (3) and eliminate any conflict that could result in confusion between the proposed hoistway door strength requirement in Section 1604.6 and existing hoistway enclosure strength requirements in Section 1604.5(c)(3).

 

This proposed rulemaking action contains non-substantive, editorial and grammatical revisions.  These non-substantive revisions are not all discussed in this Informative Digest, but they are clearly indicated in the regulatory text in underline and strikeout format.  In addition to these non-substantive revisions, the following actions are proposed:

 

Section 1604.5.  Construction of Towers, Masts, and Hoistway Enclosures.

 

This section contains construction hoist requirements including but not limited to: tower and mast construction, protection of spaces below hoistways, hoistway enclosure design, etc.  Subsection (c)(3) specifies requirements pertaining to hoistway enclosure design and requires that hoistway enclosures and hoistway doors are to be supported and braced so as to be able to withstand a force of 100 pounds applied horizontally at any point without deflecting more than 1 inch experiencing a reduction in running clearances as specified in Section 1604.11(a).

 

A revision is proposed to delete the phrase “…and hoistway doors…” in subsection (c)(3).  The proposed revision will eliminate confusion between Section 1604.5(c)(3) and the proposed hoistway door strength requirements contained in Section 1604.6.  The proposed revision will clarify to the employer that the hoistway door strength requirements are contained in Section 1604.6 and not Section 1604.5(c)(3) which pertains to hoistway enclosure design.

 

Section 1604.6.  Hoistway Doors and Door Locking Devices.

 

(a) Height, Material, and Installation.

 

Section 1604.6(a) specifies height, materials, and installation specifications for construction hoistway doors.  Revisions are proposed to update the regulation language to make it essentially consistent with the ANSI A10.4-1990.  To clearly indicate the different requirements of this regulation to the employers, it is proposed to subdivide Section 1604.6(a) into five (5) subsections.

 

Revisions are proposed to label the existing door height requirement as (a)(1) and add three new subsections (a)(2), (a)(3) and (a)(4) to address and specify the design, construction, installation and maintenance requirements for hoistway doors.  Also, it is proposed to revise and label the existing vision-panel specifications as (a)(5).

 

Proposed new subsection (a)(2) stipulates that hoistway doors and gates shall be so designed, constructed, installed and maintained that, when closed, the doors and gates shall withstand a force of 75 pounds applied perpendicularly to the door or gate and distributed over an area of one square foot on any part of the door or gate without deflecting beyond the center line of the car-to-landing sill clearance.  The proposed revision will render the State’s regulation consistent with ANSI A10.4-1990 and will require employers to ensure that hoistway doors are designed, built, installed and maintained to meet the ANSI A10.4-1990 standards.

 

New subsection (a)(3), proposed to specify strength conditions for the hoistway doors and gates, states, “When subjected to a force of 250 pounds similarly applied, doors or gates and their components shall not be displaced from their supports, guides, tracks, hinges, latches and locking devices, or be permanently deformed or otherwise made inoperative.”  The proposed revision will render the regulation consistent with the ANSI A10.4-1990.  In addition, the proposed language will require employers to ensure the installation and use of hoistway doors and gates are designed and built to ANSI A10.4-1990 standards.

 

Proposed new subsection (a)(4) gives the strength specifications, similar to those of subsection (a)(3), for multi-section hoistway doors.  Subsection (a)(4) states, “Where multi-section doors or gates are used, each panel shall withstand the forces as specified in this section.”  The proposed amendment will stipulate the strength requirements for the multi-panel hoistway doors and gates and will make this standard consistent with the ANSI A10.4-1990.  The proposed revision will also require the employer to assure that multi-section hoistway doors meet the strength requirements contained in proposed subsection (a)(4).

 

It is further proposed to label the existing design requirements for vision-panel or panels, to be provided for solid hoistway doors, as (a)(5).  The existing specification that the flame proof material used to cover the vision-panel (typically expanded metal or wire mesh) “…will reject a ¾-inch ball…” is not clearly a mandatory requirement.  To make the requirement mandatory, a revision is proposed to replace the word “will” before “…reject a ¾-inch ball…” with the more definitive term “shall” for added clarity.  Also, a new strength requirement for the vision-panel cover is proposed that will require the vision-panel cover to withstand a force of 75 pounds applied perpendicularly to any part of the panel and distributed over an area of one square foot with no greater deflection than any other part of the door as allowed in subsection (a)(2).  The proposed amendment will render the State’s regulation consistent with ANSI A10.4-1990 and will require the employer to ensure that vision-panels used meet the proposed strength requirements.

 

 

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

 

This proposal will not result in a significant, statewide adverse economic impact directly affecting businesses/employers, including the ability of California businesses to compete with businesses in other states.  The proposal would merely require employers who lease construction personnel hoists to ascertain (from the manufacturer) that the hoistway doors provided meet the proposed strength requirements.

 

Cost Impact on Private Persons or Businesses

 

The Board has made an initial determination that this proposal may result in a very small cost to hoistway door manufacturers for initially setting up the testing equipment and subsequently testing the doors to ensure that the doors are made in accordance with the proposed regulations.  However, this proposal will not result in significant 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.)

 

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.)

 

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 4

                                    Sections 3279 and 3280

                                    Portable Ladders

 

 

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY

STATEMENT OVERVIEW

 

 

This proposed rulemaking action is being initiated at the request of the Division of Occupational Safety and Health (Division).  The Division submitted a Form 9, Request for New, or Change in Existing, Safety Order, dated April 19, 2001, to amend the General Industry Safety Orders (GISO) to incorporate the most recent American National Standards Institute (ANSI) standard for portable ladders.  This standard, ANSI A14.10-2000, permits the use of portable ladders known as Type IAA ladders with a weight capacity of 375 pounds.  A number of ladder manufacturers now make the Type IAA ladders which meet the specifications of the new ANSI standard for portable ladders.  However, employers in California are precluded from using Type IAA ladders because they are not recognized by ANSI standards currently referenced in Section 3279 or 3280.  This proposal will update the GISO to include the ANSI A14.10-2000 standard along with the other ANSI A14 portable ladder standards currently referenced in Sections 3279 and 3280.

 

The Division’s Form 9 also included a request to amend Section 3278, Portable Wood Ladders.  However, this section was not amended because ANSI A14.10-2000 only applies to reinforced plastic and metal ladders and not those constructed of wood.

 

Section 3279.  Portable Metal Ladders.

 

Existing Section 3279 specifies that portable metal ladders placed in service after April 18, 1999, shall meet the requirements of ANSI A14.2-1990, which is incorporated by reference.  ANSI A14.2-1990 permits a maximum working load of 300 pounds for Type IA ladders.  This proposal amends Section 3279 to incorporate the latest ANSI standard by reference, ANSI A14.10-2000, to allow the use of portable metal ladders that meet either ANSI standard.  The effect of this revision is to permit the use of Type IAA ladders which have a maximum working load of 375 pounds.  The state’s requirements for portable ladders in Section 3279 of the General Industry Safety Orders are equivalent to the federal requirements in CFR 1910.26, Portable Metal Ladders, except that California also incorporates the ANSI A14 standard by reference.  Therefore, the state’s proposal is at least as effective as the federal counterpart.

 

Section 3280.  Portable Reinforced Plastic Ladders.

 

Existing Section 3280 specifies that portable reinforced plastic ladders placed in service after April 18, 1999, shall meet the requirements of ANSI A14.5-1992, which is incorporated by reference.  ANSI A14.5-1992 permits a maximum working load of 300 pounds for Type IA ladders.  This proposal amends Section 3280 to also incorporate ANSI A14.10-2000 by reference to allow the use of portable reinforced plastic ladders that meet the requirements of either ANSI standard.  The effect of this revision is to permit the use of Type IAA ladders which have a maximum working load of 375 pounds.  There is no federal counterpart to Section 3280 for portable reinforced plastic ladders.

 

 

DOCUMENTS INCORPORATED BY REFERENCE

 

 

˙                American National Standard for Ladders - Portable Special Duty Ladders, ANSI A14.10-2000.

 

This document is too cumbersome or impractical to publish in Title 8.  Therefore, it is proposed to incorporate this documentby reference.  A copy of 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.

 

 

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.

 

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 containinga 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 15, 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 November 21, 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 proposals 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, CA 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 81, Section 4799, Oxygen or Fuel-Gas Operator Training Instructions.

 

            Heard at the May 16, 2002, Public Hearing; adopted on June 20, 2002; filed with the Secretary of State on July 31, 2002; and became effective on August 30, 2002.

 

 

2.         Title 8, Chapter 4, Subchapter 7, General Industry Safety Orders, Article 9, Section 3362, General Sanitation Requirements for Mold.

 

            Heard at the September 20, 2001, Public Hearing; adopted on June 20, 2002; filed with the Secretary of State on August 5, 2002; and became effective on September 4, 2002.

 

 

A copy of these standards is available upon request from the Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA  95833, (916) 274-5721.

 

If you have Internet access, visit the Occupational Safety and Health Standards Board by going to: http://www.dir.ca.gov/oshsb and follow the links to the Standards Board.  This information is updated monthly.  The Standards Board’s e-mail address is:  oshsb@dir.ca.gov.