A description of the proposed changes are as follows:

1. TITLE 8: GENERAL INDUSTRY SAFETY ORDERS
Chapter 4, Subchapter 7, Article 5, Sections 3281, 3282, 3286, 3291,
and New Appendix A
Controlled Descent Apparatus, Operating Procedures Outline Sheet, and Counterweighted Outrigger Beams
INITIAL STATEMENT OF REASONS

INFORMATIVE DIGEST OF PROPOSED ACTION/PLAIN ENGLISH OVERVIEW

This proposed rulemaking action contains numerous nonsubstantive, editorial, and grammatical revisions. These nonsubstantive revisions are not all discussed in this Informative Digest. However, these proposed revisions are clearly indicated in the regulatory text in underline and strikeout format. In addition to these nonsubstantive revisions, the following actions are proposed:

California Code of Regulations, Title 8, Chapter 4,
Subchapter 7, Article 5, Window Cleaning

Section 3281. Definitions.
This section contains definitions of terms used in the window cleaning and building maintenance industries. It is proposed to adopt new definitions for the following terms: "Controlled Descent Apparatus (CDA)," "Danger Zone," and "Height of Suspension." Also, it is proposed to amend the definition for "Boatswain’s Chair." The proposed new and amended definitions will add clarity to the provisions proposed for inclusion into Article 5.

Section 3282. General Requirements for All Window Cleaning Operations.
Subsection 3282(p).

This subsection requires building owners to provide employers with written assurance that the building’s interior/exterior building maintenance equipment and safety devices meet the requirements of these orders. This subsection contains examples of some of the equipment and safety devices to be considered in the written assurance. The subsection also provides that employers shall not allow their employees to use the building maintenance equipment or safety devices without first receiving written assurance from the building owner that such safety devices and equipment meet the provisions of these orders. This subsection is proposed to be editorially revised to be subsection 3282(p)(1)(A). This editorial revision will have no effect on the regulated public.

Proposed new subsection 3282(p)(1)(B) requires building owners to perform, at a minimum, yearly inspections and, where necessary, conduct tests on their building maintenance equipment and safety devices, such as those specified in existing subsection 3282(p)(1)(A). The proposal also requires that tests be conducted as required in Section 3296(b).

These proposals should not have any effect on the regulated public. If the building has permanently dedicated roof mounted powered platform(s), it is already required to comply with the inspection and test requirements in Section 3296 of Article 6 in the General Industry Safety Orders. All owners of buildings with building maintenance equipment and safety devices are required to maintain such equipment. This proposal will not affect buildings with building maintenance equipment and safety devices currently required to comply with the provision of Article 6. However, this proposal will affect buildings that fall within the provisions of the California Labor Code, Sections 7325 through 7332. Since 1941, the California Labor Code has required owners of buildings, three stories or more in height, to install and maintain window cleaner’s safety devices.

Proposed new subsection 3282(p)(1)(C)1. Requires owners of buildings over 36 feet in height to have an Operating Procedures Outline Sheet ((OPOS) if: (A) a building does not have establish window cleaning system or procedures meeting the requirements specified in Articles 5 and 6; or (B) a building’s original window cleaning procedures prepared in accordance with the requirements contained in Articles 5 and 6 have been changed because of building modifications; or (C) a building has extreme architectural features, which require the use of complex rigging or equipment, or a building that uses rigging or equipment not covered by these orders.

Proposed new subsection 3282(p)(1)(C)2. requires owners of buildings to have a person(s) with knowledge in the design, installation and use of building maintenance equipment develop an Operating Procedures Outline Sheet (OPOS) for each building that falls within the provisions of subsection 3282(p)(1)(C)1. The proposal also requires that a professional engineer be involved in the development of any OPOS requiring structural modifications to the building or its building maintenance equipment. In addition, the proposed language requires the person preparing the OPOS to have Scaffold Inspection Testing (S.I.T.) certification in accordance with Section 3296. Also, the proposal requires the OPOS to be prepared and written in a manner understandable to employers.

This proposal will only affect those building owners that fall within the provisions of proposed subsection 3283(p)(1)(C)1. through 3. The majority of buildings in California currently comply with the regulations contained in Articles 5 and 6 of the General Industry Safety Orders and will not be affected by this proposal. However, if building owners determine that their buildings fall within the provisions of this proposal, they will incur a one time cost of developing an OPOS. The total cost to each building owner will be determined by the complexity of the modifications to the building or the building maintenance equipment, which could include the necessity to consult with a registered engineer. In discussions with companies that have been developing OPOSs for the past 4 years, on average, a one time cost to comply with the proposed regulations could range between $500.00 to $10,000.00 depending on the size and complexity of the exterior of the building. In addition, staff believes there could be some savings to building owners realized. This is because use of the OPOS will consolidate exterior building maintenance into a concise series of consistent steps which are to be followed by personnel conducting the operation. Contractors will know well in advance exactly how the building maintenance is to be performed thus allowing them to accurately budget time and resources accordingly. The OPOS will ensure the process is conducted the same way each time thereby preventing the accumulation of unnecessary add-on charges for equipment/methods not appropriate for the building but which are merely intended to drive up maintenance costs.

Proposed new subsection 3282(p)(1)(C)3. provides that the content of Appendix A of this Article or its equivalent shall be used in the development of an OPOS. The proposed subsection identifies the location of the information to be used by affected building owners developing an OPOS. This proposal will have no effect on persons not required to develop an OPOS.

Subsection 3282(p)(2) provides that employers shall not permit their employees to use any building’s safety devices or equipment prior to the employer receiving written assurance as required by these orders. Proposed amendments will require that employers receive a copy of the written assurance and OPOS before permitting their employees to use the building’s safety devices and equipment. The effect of this proposal will be to clarify that building owners are required to provide employers with a copy of the written assurance and, if required, a copy of the building’s OPOS before their employees use the building’s building maintenance equipment and safety devices.

Section 3286. Boatswain’s Chairs.
It is proposed to amend the title of this section to include Controlled Descent Apparatus. The proposed title will read: "Manual Boatswain’s Chairs and Controlled Descent Apparatus (CDA)." The effect on the regulated public will be to make them aware that CDAs are now included in this section.

Subsection 3286(a)(1), Use and Application, provides that boatswain’s chairs shall be used for window cleaning operations only when windows cannot be cleaned safely and practicably by other means. Proposed amendments to subsection 3286(a)(1)(A) will include CDAs in the Use and Application regulations for this subsection. The effect on the regulated public will be to make them aware that CDAs are now included in this section and that there are limitations on their use.

Proposed new subsections 3286(a)(1)(B)1. through 5. provide where windows cannot be cleaned safely and practicably by other means, the use of boatswain’s chair or CDAs will be permitted provided: 1) manual boatswain’s chairs shall not be used where the suspension height exceeds 75 feet or unless otherwise accepted by the Division of Occupational Safety and Health (Division) in writing, 2) CDAs shall not be used where the suspension height exceeds 130 feet or unless otherwise accepted by the Division in writing, 3) roof tie-backs or other approved anchorage shall be provided, 4) each line shall be connected to a separate anchorage, and 5) an OPOS shall be developed for the building. This proposal will only affect those persons that cannot safely or practicably clean windows by other means. This proposal affects older buildings where for one reason or another the original method of cleaning windows is no longer safe to use. This includes window anchors that have deteriorated over the years and cannot be safely repaired or replaced. The proposal also affects buildings with such extreme architectural design that they cannot be safely cleaned by any other means than a boatswain’s chair or a CDA. The effect of this proposal will be to permit other means to clean the windows.

Subsection 3286(a)(2) requires training for employees in the use of boatswain’s chairs. Proposed subsection 3286(a)(2)(A) requires training of employees in the safe use of boatswain’s chairs and CDAs prior to beginning the work, and new subsection (a)(2)(B) contains the minimum elements to be included in the training. These proposals add clarity to the training requirements and should have no other effect on the regulated public.

Subsection 3286(a)(3) requires where boatswain’s chairs are suspended over pedestrians or other types of traffic, the ground immediately below shall be blocked by barricades, or an attendant shall be stationed to keep the area clear. Warning signs are also required to be posted. A proposed amendment will include CDAs in the provisions and additional editorial revisions are proposed. The proposed amendment and editorial revisions will have no effect on the regulated public.

Subsection 3286(a)(4) requires workers to connect their safety belt to a separate safety line or other means acceptable to the Division. Proposed amendments will require that employees use full body harnesses as part of their personal fall arrest system secured to an independent safety line that is attached to an approved anchorage. The proposal will require affected employers to provide their employees with full body harnesses and eliminate the use of body belts as fall protection. The proposal is consistent with California’s new fall protection standards. However, for the safety of employees using boatswain’s chairs and CDAs there is no planned phase out period for the use of body belts. The use of body belts will be prohibited when this proposal is codified into the General Industry Safety Orders. This proposal is consistent with the consensus opinion reached by the advisory committee that reviewed this rulemaking action.

Subsection 3286(b), Rigging. An editorial revision is proposed to the title to include the term "Block and Tackle." This proposed editorial addition to the title will read: "Rigging, Block and Tackle" adding clarity to the content of the subsection and will have no other effect on the regulated public.

Subsection 3286(b)(2) requires that the upper hook of the block and fall rigging shall be closed or a shackle used in place of a hook. Proposed amendments will require that a safety hook or shackle be used on the upper block. This proposed amendment is consistent with the national consensus standard and industry practice. There should be no effect on the regulated public.

Subsection 3286(b)(4) states that thimbles shall not be used where the chair connects to the hook. Proposed amendments will delete the reference to thimbles and require that safety hooks be used to connect the chair to the block and tackle. This proposal will have no effect on the regulated public because the national consensus standard for window cleaning has required the use of safety hooks since 1987.

Subsection 3286(b)(5) states that tackle shall consist of rope equivalent in strength to at least 5/8-inch rope of first grade manila as well as properly sized blocks. The proposed amendments will require that the strength of the rope be consistent with the applicable national consensus standard and other rope requirements in these orders and require proper diameter of the rope for the blocks. This proposal should have no effect on the regulated public.

Subsection 3286(b)(6) states that parapet or cornice hooks shall be tied-back using rings for that purpose. The proposed amendments will require all parapet and cornice hooks be equipped with tie-back rings and that wire rope be used for tie-back purposes to approved tie-back points. This proposal will require those affected by the regulation to replace natural or synthetic roof tie-backs rope with wire rope.

Subsection 3286(c), Specifications. Subsections 3286(c)(1) and (2) contain design requirements for boatswain’s chairs. Editorial revisions are proposed that will renumber the subsection and add the title "Boatswain’s Chair" to renumbered subsection 3286(c)(1)(A). Proposed new subsection 3286(c)(1)(C) will require buckets to be attached in a manner to prevent them from falling. Proposed new subsection 3286(c)(2) will be entitled "CDA Seatboards." Proposed new subsections 3286(c)(2)(A) and (B) contain design requirements for CDA seatboards and require buckets to be attached to prevent them from falling. These proposals should have no effect on the regulated public.

In proposed new subsection 3286(d), a title is proposed entitled "Controlled Descent Apparatus (CDA)." Proposed new subsections 3286(d)(1) through (15) contain all of the provisions necessary to address the safe use of CDAs. These provisions contain the items that makeup a CDA system, which include: marking and identification requirements, fall arrest system requirements, controlled descent device configuration requirements, line requirements, manufacturers’ instructions, provisions to remove defective lines and webbing from service, time limits on the use of rope, proof load test requirements, chemical hazards to the rope, hazards that could cut the lines and webbing, rope length requirements, hazards of rapid descent, visual inspection of the building for hazards, safe access to drop sites, and use of fall arrest systems. The proposal makes it clear to those affected by this proposal that they are required to take specific actions and follow specific procedures if they choose to use CDAs for window cleaning.

Section 3291. Special Design Considerations--Permanent Roof Top Installations.
Subsection 3291(d). Roof Outrigger Beams, Portable or Fixed.

Subsection (d) contains various requirements pertaining to the use of roof outrigger beams which includes regulations which specifically prohibit their use on buildings exceeding 130 feet in height unless acceptable to the Division, requirements and specifications for the design and use of outrigger beams, identification of outrigger beams, and warning labels when used in proximity to high voltage lines.

Revisions are proposed to delete the terms "Roof" and "Portable or Fixed" from the title of subsection (d); to delete the word "Roof" from subsection (d)(1); to delete the ninth sentence in subsection (d)(1) which begins with "The use of counterweights at the inboard end …"; and to insert a new sentence at the end of subsection (d)(1) which prohibits the use of counterweights at the inboard end of mobile and fixed outrigger beams.

Further revisions are proposed to include a new subsection (d)(2)(A - K) which addresses the use of counterweights on the inboard end of portable or transportable outrigger beams under certain conditions which include, but are not limited to, the following: the building was constructed prior to July 23, 1990 (the promulgation date of federal OSHA’s window cleaning regulations contained in 29CFR1910.66); an OPOS is prepared; counterweights shall be secured to the inboard ends of the beams and shall consist of non-flowable solid materials; the counterweights shall have stability factors of at least 4 against overturning or upsetting; and sectional beam parts shall be identifiable and the parts of the outrigger beams shall not be interchanged or substituted, unless permitted by the manufacturer. An additional nonsubstantive revision is proposed for subsection (d)(3)(C) to delete the outdated Title 24 reference for replacement by a reference to Section 3105A.4.2.

The proposed revisions will ensure that the regulations are easily identifiable by the employer and consistent with Title 8 format. In addition, the proposed revisions will allow owners/employers performing maintenance/window cleaning on older buildings to utilize an alternative method of performing exterior building maintenance. The proposed revisions will require the employer to prepare an OPOS, evaluate his/her outrigger beam system against the design and set-up criteria as contained in the proposal, establish new set-up procedures and, if necessary, replace incompatible outrigger beam parts in accordance with the manufacturer’s recommendations.

New Appendix A
Proposed new Appendix A contains the essential elements of an OPOS. The proposed elements include: type of drawing, drawing shall be legible, identification of the type of equipment to be used and where each unit will be lowered over the side of the building, identification of all anchorage points, identification of personal fall arrest systems and requirements, identification of "Danger Zone(s)," identification of the means to move equipment from roof to roof or other levels, identification of equipment limitations and load ratings, information on all phases of the operational maintenance inspections, identification of all access and egress routes, equipment stabilization, emergency and rescue procedures, and methods used to control employee exposure to falls. These minimum elements are necessary for the affected public to ensure that employees are provided with a safe worksite and to provide the building owner with a starting point when developing their OPOS.