INITIAL STATEMENT OF REASONS
CALIFORNIA CODE OF REGULATIONS
TITLE 8: GENERAL INDUSTRY SAFETY ORDERS
AERIAL DEVICES – UPDATE OF NATIONAL CONSENSUS STANDARDS (ANSI, ANSI/SIA)
Chapter 4, Subchapter 7, Article 24, Section 3638(b)
PROBLEM ADDRESSED BY THE PROPOSED ACTION
Aerial devices as defined in Section 3637 refer to any vehicle-mounted, self-propelled device, telescoping, extensible or articulating, or both, which is primarily designed to position personnel. Section 3638 of the General Industry Safety Orders consists of six subsections which address aerial device instructions and markings.
Section 3638 also requires employees to be instructed in the proper use of aerial device platforms and addresses electrical tests used in proximity to high voltage overhead conductors. Subsection (b) requires aerial devices to be labeled as conforming to specified applicable American National Standards Institute (ANSI) standards for design and construction. Board staff notes that the six ANSI standards referenced in subsection (b) are outdated and have been superseded by newer ANSI/Scaffold Industry Association (SIA) standards.
Outdated ANSI standards, dating back to 1969, create a problem for employers who wish to acquire a copy to determine whether their equipment conforms to the standard. Older ANSI standards typically go out of print and are consequently difficult, if not impossible, to obtain.
To correct this problem, Board staff proposes to retain the references to the older ANSI standards described in subsection (b) for equipment placed in service prior to the effective date of the proposal, codify the amended requirements as subsection (b)(1), and address equipment placed in service on or after the effective date of the proposal in a new subsection (b)(2). Proposed subsection (b)(2) maintains the same labeling/marking requirement described above for equipment placed in service on or after the proposal’s effective date (date to be filled in by the Office of Administrative Law).
The proposed revisions are consistent with the way aerial devices are currently designed and manufactured and will ensure employers are provided a method to ensure new aerial devices are designed and built to current industry standards.
Copies of both the old and current ANSI or ANSI/SIA standards are included in the rulemaking file for reference.
SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION
Section 3638. Equipment Instructions and Marking.
Subsection (b).
Existing subsection (b) contains a requirement that all aerial devices be labeled or marked to indicate conformance with applicable American National Standards Institute (ANSI) specifications/standards for design and manufacture such as ANSI A92.2-1969, A92.2-1979, A92.3-1980, A92.5-1980, A92.6-1979, and A92.7-1981.
Revisions are proposed to create a new subsection (b)(1) and a new subsection (b)(2), thus dividing the labeling requirements to address the older equipment in subsection(b)(1) and aerial devices placed in service on or after the proposal’s effective date in proposed subsection (b)(2). Proposed subsection (b)(2) will also require aerial devices to be labeled/marked with a plate or other legible marking verifying conformance with the applicable and current ANSI/SIA standards as indicated in the proposed text (e.g. ANSI/SIA 92.2-1990, 92.3-1990…etc.).
The proposed revisions are necessary to ensure that employees who operate aerial devices utilize devices which have been designed and constructed to nationally accepted standards. Using accepted standards will ensure that devices will not fail catastrophically or in a manner which could result in serious employee injury, due to hazardous mechanical design, overstressing or improper use.
DOCUMENTS RELIED UPON
*(unavailable, could not be retrieved).
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
It is anticipated that no adverse impact on small business will occur as a result of the implementation of the proposed amendments. This is because the proposed amendments merely consist of technical, clarifying revisions to existing regulations and do not impose any new or different requirements upon the regulated public. The central issue addressed by the proposed revisions is to clearly indicate to the regulated public that aerial devices placed in service on or after the proposal’s effective date are to have a label/marking to confirm they were built in accordance with the ANSI/SIA standard currently in effect. This is entirely consistent with aerial device manufacturing industry practice. Therefore, no alternatives which would lessen the impact on small businesses have been identified.
SPECIFIC TECHNOLOGY OR EQUIPMENT
This proposal does not mandate the use of specific technology 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 action. This is because the proposal imposes no new or added requirements and merely consists of technical clarifying revisions of existing regulations to indicate what approval constitutes in relation to existing Section 3638(b) of the General Industry Safety Orders. The proposal will merely make the regulations addressing the labeling of older and newer aerial devices consistent with industry practice to the extent that the issue of manufacturing specifications will be consistent.
Impact on Housing Costs
This proposal will not significantly affect housing costs.
Impact on Businesses
This 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. (See explanation under "Costs or Savings to State Agencies.")
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. (See explanation under "Costs or Savings to State Agencies.")
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" and "Impact on Businesses.")
Other Nondiscretionary Costs or Savings Imposed on Local Agencies
This proposal does not impose nondiscretionary costs or savings on local agencies. (See explanation under "Costs or Savings to State Agencies" and "Impact on Businesses.")
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 standard.
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 action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.