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Occupational Safety & Health Standards Board (OSHSB)

October 16, 2003 Public Hearing Notice

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 October 16, 2003 at 10:00 a.m.
in the Auditorium of the State Resources Building,
1416 Ninth 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 October 16, 2003 following the Public Meeting
in the Auditorium of the State Resources Building,
1416 Ninth 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 October 16, 2003 following the Public Hearing
in the Auditorium of the State Resources Building,
1416 Ninth 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, General Industry Safety Orders of the California Code of Regulations, as indicated below, at its Public Hearing on October 16, 2003.

1.

TITLE 8:

General Industry Safety Orders
Chapter 4, Subchapter 7, Article 7
Section 3301(e) and (f)
Pressure Testing of Pipes and Other Containers

2.

TITLE 8:

General Industry Safety Orders
Chapter 4, Subchapter 7, Article 98
Sections 5001(b) and 5008(b)
Use of Signals and Operating Practices-Cranes

A description of the proposed changes are as follows:

1.

TITLE 8:

General Industry Safety Orders
Chapter 4, Subchapter 7, Article 7
Section 3301(e) and (f)
Pressure Testing of Pipes and Other Containers

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW

The Occupational Safety and Health Standards Board (Board) initiates this rulemaking as the result of a Memorandum from the Division of Occupational Safety and Health (Division), dated May 8, 2003, with attachments, to revise Section 3301 of the General Industry Safety Order (GISO).

Existing Section 3301 addresses hazards associated with the use of compressed air or gasses by requiring specific controls, such as limits on air or gas pressures, mechanical safe guards, and personal protective equipment. Excluded from this section is a requirement that addresses the hazard of over pressurizing pipes and containers with compressed air or gas. Requirements regarding the over-pressurization of any object are located in Section 560(c) of the Unfired Pressure Vessel Safety Orders (UPVSO).

Given that the requirements in the UPVSO are limited in their application to unfired pressure vessels and are not readily recognized or widely known to general industry employers, a revision is proposed to add new subsection (f) to Section 3301 which specifically addresses pressure testing of any object to ensure that employees are not seriously injured by a ruptured vessel or container.

Additionally, an amendment is proposed to delete the word “hazardous” from the term “hazardous material” in Section 3301(e) for consistency with Section 560(c) of the UPVSO. The qualifying term “hazardous” is not used in Section 560(c), thus prohibiting all substances, not just those classified as “hazardous”, to be transferred using compressed gas unless the containers into which they are being transferred to are designed to withstand the pressurized transfer.

Section 3301. Use of Compressed Air or Gases.

Existing Section 3301 addresses hazards associated with compressed air or gasses by requiring specific controls, including limits on air or gas pressures when employees use compressed air to blow dirt, dust, chips, etc. from their clothing, mechanical safe guards, the use of abrasive blasting nozzles, etc.

Existing Section 3301(e) states that compressed gasses shall not be used to elevate or otherwise transfer any hazardous substance from one container to another unless the containers are designed to withstand, with a factor of safety of at least four, the maximum possible pressure that may be applied. It is proposed to delete the word “hazardous” from the term “hazardous substance” for consistency with the terminology used in Section 560(c) of the UPVSO. The proposed revision will prohibit all substances, not just those classified as “hazardous”, from being transferred using compressed gas unless the containers into which they are being transferred to are designed to withstand the pressurized transfer.

It is also proposed to add a new Subsection (f) which requires pressure testing of any object to be in accordance with Section 560(c) and (d) of the Unfired Pressure Vessel Safety Orders. The revision will ensure that employers comply with safe pressure testing procedures as specified in Section 560(c) and (d) of the UPVSO.

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, the regulation does not constitute a “new program or higher level of service of an existing program within the meaning of Section 6 of Article XIII B of the California Constitution.”

The California Supreme Court has established that a “program” within the meaning of Section 6 of Article XIII B of the California Constitution is one which carries out the governmental function of providing services to the public, or which, to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state. (County of Los Angeles v. State of California (1987) 43 Cal.3d 46.)

The proposed regulation does not require local agencies to carry out the governmental function of providing services to the public. Rather, the regulation requires local agencies to take certain steps to ensure the safety and health of their own employees only. Moreover, the proposed regulation does not in any way require local agencies to administer the California Occupational Safety and Health program. (See City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478.)

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

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.

A description of the proposed changes are as follows:

2.

TITLE 8:

General Industry Safety Orders
Chapter 4, Subchapter 7, Article 98
Sections 5001(b) and 5008(b)
Use of Signals and Operating Practices-Cranes

INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW

This proposed rulemaking action is being initiated upon Board staff review of the language contained in GISO Section 5008(b), which requires that the operator of a crane respond to signals from only the appointed signal person, but shall obey a stop signal at any time. Board staff believes the current language in subsection (b) is unclear as to who may communicate a stop signal to the crane operator. As it currently reads, the sentence in subsection (b) appears incomplete, creating confusion as to whether only the appointed signal person can communicate a stop signal to the crane operator or anyone on the jobsite. Following consultation with representatives from the North American Crane Bureau, the Division of Occupational Safety and Health’s Crane Unit, and crane operations experts including marine terminals, Board staff determined that the current industry practice is to ensure that hazardous contact between an employee and the crane and/or its hoisted load does not occur by requiring the crane operator to respond to a stop signal from any person in order to immediately stop the motion of the crane.

Board staff proposes a technical amendment to Section 5008(b) to clarify to the employer that the stop signal can be issued by persons other than the appointed signal person, i.e., “any person”. In order to ensure that there is no conflict between the proposed amendment and an existing requirement in Section 5001(b), which states that only qualified persons shall be permitted to give signals, an “exception” is proposed to Section 5001(b) to clarify that a stop signal may be given by any person, consistent with what is proposed in Section 5008(b).

Section 5001. Signals.

This section contains regulations that address the use of a signal person or signaling or control device needed to direct the operation of a crane safely. Subsection (b) specifies that only qualified persons are permitted to give signals. A revision is proposed to add an “exception” to this requirement permitting stop signals to be given by any person. The proposed revision will ensure that Section 5001(b) is consistent with the proposed amendments to Section 5008(b), see below, and that any person who observes a potentially hazardous condition involving a crane operation may signal the crane operator to stop the movement of the crane.

Section 5008. Operating Practices.

This section contains regulations pertaining to operating practices specific to cranes, including but not limited to: storing loose materials and personal effects, responding to signals from an appointed signal person, use of warning signals, and leaving the crane unattended.

Subsection (b) requires the crane operator to respond to signals only from the appointed signal person, but to obey a stop signal at any time.

A revision is proposed to clarify that in addition to the appointed signal person, any person may communicate a stop signal to the crane operator, which must be obeyed. It is also proposed to delete the phrase “at any time” as unnecessary. The proposed revision will ensure that any person who observes a potentially hazardous condition involving a crane operation may signal the crane operator to stop the movement of the crane, and that this stop signal must be obeyed by the crane operator.

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 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 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 regulation requires 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 standard.

EFFECT ON SMALL BUSINESSES

The Board has determined that the proposed amendment 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 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 October 10, 2003. 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 October 16, 2003 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, 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 Keith Umemoto, 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.