INITIAL STATEMENT OF REASONS

CALIFORNIA CODE OF REGULATIONS
TITLE 8: Chapter 4, Subchapter 7, Article 25,
Sections 3650, 3653 and 3655 of the General Industry Safety Orders
Design and Construction Requirements for Low-Lift and High-Lift Trucks;
and Seat Belts for Off-Road Work Machines


PROBLEM ADDRESSED BY PROPOSED ACTION

Existing GISO, Sections 3650(a) and 3655(a), contain national consensus standard (ANSI) design and construction requirements for low lift and high lift trucks. Section 3655(a) pertains specifically to overhead guard requirements for high-lift rider trucks. These two sections require that the design and construction of these types of industrial trucks meet the requirements of Part II, ANSI B56.1-1975, Safety Standard for Powered Industrial Trucks. Board staff initiated this rulemaking proposal to ensure that newly acquired low and high lift trucks meet the design and construction requirements of the most recently published ANSI/ASME standard pertaining to these types of industrial trucks.

Additionally, GISO, Section 3653, Seat Belts, requires that restraint systems for off-road work machines conform to the Society of Automotive Engineers (SAE), SAE J386 JUN85 national consensus standard. Amendments are proposed to ensure that restraint systems recently placed into service meet the design requirements of the latest published version of the standard, SAE J386 JUN93.

SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION

Section 3650. Industrial Trucks. General.
Subsection (a).

Existing subsection (a) requires that new low and high lift trucks meet the design and construction requirements of the American National Standards Institute (ANSI) standard, ANSI B56.1-1975, Safety Standards For Powered Industrial Trucks, Low Lift and High Lift. This ANSI standard is no longer in print. The proposal will require that new low and high lift trucks acquired after the effective date of this proposal be labeled as meeting the design and construction requirements of the latest version of this standard now sponsored by the American Society of Mechanical Engineers (ASME), ASME B56.1-1993. Low and high lift trucks acquired on or before the effective date of this proposal will be required to be labeled as meeting the requirements of the above 1975 or 1993 ANSI/ASME standard.

The proposed amendments to subsection (a) are necessary to ensure that these types of industrial trucks meet the design requirements for the appropriate ANSI/ASME standard in effect at the time they were manufactured. In addition, while manufacturers design these industrial trucks to meet current ANSI/ASME standards, the proposal will ensure these industrial trucks are not altered or modified structurally from the manufacturer’s design specifications. For example, industrial trucks must meet the appropriate ANSI/ASME requirements when placed into service subsequent to damage, repair or maintenance work.

Subsection (b).
Existing subsection (b) requires that a legible tag or label shall be attached, stating compliance with subsection (a). Subsection (b) is proposed for repeal because the proposed language in subsection (a) requires labeling and therefore, makes it unnecessary.

Editorial changes are necessary to renumber subsections (c) - (t) as the result of the deletion of subsection (b).

Section 3653. Seat Belts.
Existing subsection (a) requires seat belt assemblies for off-road work machines where rollover protection is installed to conform to the 1985 version of the national consensus standard, SAE J386, for operator restraint systems (seat belts). The proposal will require that seat belt assemblies installed after the effective date of the proposal be labeled as meeting the design requirements of the 1993 version of this standard, SAE J386 JUN93. Seat belt assemblies installed on or before the effective date of this proposal will be required to be labeled as meeting either the design requirements of the 1985 or 1993 SAE J386 standard.

The proposed amendments to subsection (a) are necessary to ensure that seat belt assemblies for off-road work machines conform to the appropriate SAE standard in effect at the time they were installed. In addition, while the manufacturers design seat belt assemblies to meet current SAE standards, the proposal will ensure seat belt assemblies are not altered or modified from the manufacturer’s design specifications. For example, seat belt assemblies must meet the appropriate SAE requirements when placed into service subsequent to damage, repair or maintenance work.

Section 3655. Overhead Guards for High-Lift Rider Trucks.
Subsection (a).

Existing subsection (a) requires that overhead guards for new high rider industrial trucks meet the design and construction requirements of ANSI B56.1-1975. The proposal will require overhead guards installed after the effective date of this proposal be labeled as meeting the design and construction requirements of the latest version of this standard now sponsored by the American Society of Mechanical Engineers (ASME), ASME B56.1 1993. Overhead guards installed on or before the effective date of this proposal will be required to be labeled as meeting either the 1975 or 1993 version of the ANSI/ASME standard.

The proposed amendments to subsection (a) are necessary to ensure that overhead guards for high rider lift trucks meet the design requirements for the appropriate ANSI/ASME standard in effect at the time they were manufactured. In addition, while manufacturers design overhead guards to meet current ANSI/ASME standards, the proposal will ensure overhead guards are not altered or modified structurally from the manufacturer’s design specifications. For example, overhead guards must meet the appropriate ANSI/ASME requirements when placed into service subsequent to damage, repair or maintenance work.

Subsection (b).
An editorial correction is necessary to subsection (b)(1) to correct the reference to 72".

DOCUMENTS RELIED UPON

  1. Society of Automotive Engineers (SAE), SAE J386 JUN85, Operator Restraint Systems For Off-Road Work Machines.
  2. Society of Automotive Engineers (SAE), SAE J386 JUN93, Operator Restraint Systems For Off-Road Work Machines.
  3. American National Standards Institute (ANSI), ANSI B56.1-1975, Safety Standard For Powered Industrial Trucks, Low Lift and High Lift Trucks.
  4. American Society of Mechanical Engineers (ASME), ASME B56.1-1993, Safety Standard For Low Lift and High Lift Trucks.

These documents are available for review during normal business hours at the Standards Board office located at 1300 I Street, Suite 920, Sacramento, California.

IDENTIFIED ALTERNATIVES THAT WOULD LESSEN ADVERSE ECONOMIC IMPACT ON SMALL BUSINESSES

No adverse impact on small businesses is anticipated from the implementation of the proposed amendments. Therefore, no alternatives which would lessen the impact on small businesses have been identified.

SPECIFIC TECHNOLOGY OR EQUIPMENT

This proposal will not mandate the use of specific technologies or equipment. This is because the proposal requires seat belt assemblies for off-road work machines and design and construction of low and high lift rider trucks to meet appropriate SAE or ANSI/ASME standards respectively. Manufacturers design these machines and lift trucks to meet current SAE and/or ANSI/ASME standards. Therefore, the regulated public and users of this equipment will not be required to obtain or install new equipment.

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 modifications. Also see the paragraph under the above heading, Specific Technology or Equipment.

Impact on Housing Costs
The proposal will not affect housing costs.

Impact on Businesses
The proposal will not result in a significant adverse economic impact on businesses, including the ability of California businesses to compete with businesses in other states. Also see the paragraph under the above heading, Specific Technology or Equipment.

Cost Impact on Private Persons or Entities
The proposal will not require private persons or entities to incur additional costs in complying with the proposal.

Costs or Savings in Federal Funding to the State
This 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 or Mandate."

Other Nondiscretionary Costs or Savings Imposed on Local Agencies
This proposal does not impose nondiscretionary costs or savings on local agencies or school districts.

DETERMINATION OF MANDATE

The Occupational Safety and Health Standards Board has determined that the proposed regulations do not impose a mandate requiring reimbursement by the State 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, these 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.

PLAIN ENGLISH STATEMENT

It has been determined that the proposal may affect small business. The express terms of the proposal written in plain English have been prepared by the Board pursuant to Government Code Sections 11342(e) and 11346.2(a)(1) and the informative digest for this proposal constitutes a plain English overview.

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.

ALTERNATIVES THAT WOULD AFFECT PRIVATE PERSONS

No alternatives considered by the Board would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective and less burdensome to affected private persons than the proposed action.