CALIFORNIA CODE OF REGULATIONS
TITLE 8: Chapter 4, Subchapter 7, Article 60,
Section 4345 of the General Industry Safety Orders
Hoist and Tilt-Frame Refuse and Trash Collection Equipment
An editorial revision is also proposed to delete wording that the equipment shall comply with the requirements of these orders. It is inherent in the regulations that employers and their equipment meet applicable regulations in the General Industry Safety Orders. Therefore, Board staff believes the deleted language is unnecessary.
New Subsection (b)
A new subsection (b) is proposed that will require hoist and tilt–frame equipment placed in service before the effective date of the regulations, which is used for handling refuse containers, to be equipped with a permanent plate or marking. The plate or marking will state that the equipment is designed and constructed in accordance with the applicable ANSI Z245.1 standard in effect at the time the equipment was manufactured. The proposed amendment is necessary to permit the use of equipment meeting the appropriate ANSI recommendations for its manufacture date.
The remaining subsections in Section 4345 are re–lettered for format consistency as subsections, (c), (d) and (e).
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. The proposal references the requirements of the latest ANSI standard pertaining to hoist and tilt-frame equipment and requires the equipment to be labeled as meeting the requirements of the applicable ANSI standard for its manufacture date. Both the ANSI Z245.1-1975 and 1992 standards already require this equipment to be permanently identified with the name of the manufacturer and a statement attesting to compliance with the ANSI standard applicable to its manufacture date. In addition, labels if needed, are readily available from the manufacturers of this equipment upon request.
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
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 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.
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 standards.