INITIAL STATEMENT OF REASONS

CALIFORNIA CODE OF REGULATIONS

TITLE 8: Chapter 4, Subchapter 4, Article 32,
Section 1740(m) of the Construction Safety Orders (CSO) and
Chapter 4, Subchapter 7, Articles 76 and 85, Sections 4649 and 4821
of the General Industry Safety Orders (GISO)
Use of Cylinders Associated with Welding and Cutting Operations

PROBLEM ADDRESSED BY PROPOSED ACTION

Title 8, Section 1740(m) of the Construction Safety Orders (CSO) permits a cylinder with a leaking valve seat to remain in the work area indefinitely if the leak can be stopped by the use of a regulator.

It was the consensus opinion of an advisory committee that a fuel gas cylinder with a leaking valve seat should be removed from the work area to an isolated area, away from personnel and sources of ignition. The committee's recommendations are reflected in the proposed amendments to Section 1740(m).

Additionally, the proposal addresses references to outdated ANSI/ASTM standards in Section 4649 and 4821 of the General Industry Safety Orders.

SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION

Section 1740. Storage and Use of Cylinders
Subsection (m)
Section 1740 contains the requirements for the storage and use of cylinders. Subsection (m) addresses requirements when leaking fuel gas cylinders are detected. Subsection (m), in part, states if a regulator attached to a cylinder valve will effectively stop a leak through the valve seat, the cylinder need not be removed from the work area.

The proposal deletes language that permits a fuel gas cylinder with a cylinder valve leak to remain in the work area when the leak can be stopped by the use of a regulator. Language is proposed to require such leaking cylinders to be taken outdoors, to an isolated area, away from personnel, and that the supplier be notified. The amendment is necessary because there is a potential for a regulator controlling a cylinder valve leak to also develop a leaking seat. In that scenario, fuel gas such as acetylene could leak from the cylinder into work areas or enclosed spaces and present a potential fire or explosion hazard.

Section 4649. Construction and Marking of Cylinders.
Subsection (b)
Section 4649 contains the requirements for the construction and marking of cylinders. Existing subsection (b) requires that compressed gas cylinders shall be equipped with connections complying with ANSI B57.1-1965, "Compressed Gas Cylinder Valve Outlet and Inlet Connections."

A proposed amendment will require that connections for compressed gas cylinders be "approved" as defined in Section 3206 of the General Industry Safety Orders. The term "approved" means conformance with applicable nationally recognized standards. Inlet and outlet connections for compressed gas cylinders are manufactured to conform to national consensus standards. Cylinder connections are currently manufactured and designed in accordance with the Compressed Gas Association (CGA), CGA V-1, publication, Compressed Gas Cylinder Valve Outlet and Inlet Connections. The proposed amendment is necessary to ensure that connections currently placed in use conform to applicable national consensus standards.

Section 4821. Gas Systems Piping for Welding and Cutting, Materials and Design.
Subsection (c)
Subsection (c) requires copper tubing (used in welding and cutting gas systems piping) to be types K and L in accordance with the Standard Specification for Seamless Copper-Alloy Water Tube, ANSI/ASTM B586-1980. The reference to ANSI/ASTM B586-1980 in this subsection is incorrect and that the title of ANSI/ASTM B586-1980 is actually, Welded Copper-Alloy Water Tube. Furthermore, types K and L piping which contain the strength and tolerance requirements for seamless copper water tube are not discussed in the standard.

An amendment is necessary for subsection (c) to correctly reference the appropriate standard, ASTM B88-96, Seamless Copper Water Tube, which will be incorporated by reference. Board staff consulted with a copper tubing manufacturer and was advised that the strength and tolerance requirements for types K and L piping are essentially unchanged from those contained in earlier editions of the ASTM B88 standard. Therefore, the proposal will not result in retroactive modifications for existing piping installations.

DOCUMENTS RELIED UPON

  1. Letter from the Petitioner, Mr. Steve Ababan, General Manager, Torchmaster Company, dated April 21, 1997.
  2. Letter from the Petitioner, Mr. Steve Ababan, General Manager, Torchmaster Company, dated May 16, 1997.
  3. Letter from the Petitioner, Mr. Steve Ababan, General Manager, Torchmaster Company, dated October 20, 1997.
  4. Petition Decision of the Occupational Safety and Health Standards Board dated August 21, 1997, Petition File No. 376.
  5. American Society for Testing and Materials, ASTM B 586-80, Standard Specification for Welded Copper-Alloy Water Tube.
These documents are available for review during normal business hours at the Standards Board Office located at 1300 I Street, Suite 920, Sacramento, California.

DOCUMENTS INCORPORATED BY REFERENCE

American Society for Testing and Materials, ASTM B 88-96, Standard Specification for Seamless Copper Water Tube.

This document is too cumbersome or impractical to publish in Title 8. Therefore it is proposed to incorporate the document by reference. Copies of this document 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.

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 addresses references to outdated ANSI or ASTM standards in Sections 4649 and 4821 of the General Industry Safety Orders. The proposed amendment to Section 1740(m) of the Construction Safety Orders may require minor procedural modifications to an employer's Injury and Illness Prevention Program but will not result in any measurable cost impact.

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 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 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.