INITIAL STATEMENT OF REASONS

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


PROBLEM ADDRESSED BY PROPOSED ACTION

Hoist and tilt-frame type equipment is used for loading, dumping and unloading refuse or trash containers. Illustrations of such equipment are provided in figures RC-1 and RC-2 of the General Industry Safety Orders (GISO), Section 4345. This section requires that hoist and tilt-frame refuse and trash collection equipment meet the design and construction requirements of the ANSI Z245.1-1975 standard for such equipment. The 1975 ANSI standard has undergone several revisions with the most recent published in 1992. This proposal will reference the latest published ANSI standard in order to ensure that new equipment placed in service meets the requirements of the appropriate ANSI standard.

SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION

Section 4345. Hoist and Tilt-Frame Refuse and Trash Collection Equipment.
Subsection (a)

A revision is proposed for subsection (a) to reference the ANSI Z245.1–1992 standard pertaining to hoist and tilt-frame equipment placed in service on or after the proposal’s effective date. Additionally, subsection (a) will require that hoist and tilt-frame equipment is designed and constructed in accordance with the applicable sections of ANSI Z245.1-1992. The proposal is necessary to ensure that new equipment placed into service meets the requirements of the appropriate ANSI standard.

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).

DOCUMENTS RELIED UPON

  1. American National Standards Institute (ANSI), ANSI Z245.1–1975, Safety Requirements for Refuse Collection and Compaction Equipment.
  2. American National Standards Institute (ANSI), ANSI Z245.1–1992, American National Standard for Refuse Collection, Processing, and Disposal Equipment – Mobile Refuse Collection and Compaction Equipment-Safety Requirements.

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.

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 heading below, "Impact on Businesses."

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.

DETERMINATION OF MANDATE

The Occupational Safety and Health Standards Board has determined that the proposed regulation does 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 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 with 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 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 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.

ALTERNATIVES THAT WOULD AFFECT PRIVATE PERSONS

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