INITIAL STATEMENT OF REASONS

CALIFORNIA CODE OF REGULATIONS
TITLE 8: Chapter 4, Subchapter 4, Sections 1637(n) and 1660(f)
of the Construction Safety Orders; and Subchapter 7, Sections 3277
through 3280 ofthe General Industry Safety Orders

Update of ANSI References for Ladder-Type and Needle-Beam
Type Platforms; and Fixed and Portable Ladders


PROBLEM ADDRESSED BY PROPOSED ACTION

Existing Sections 1637(n) and 1660(f) of the Construction Safety Orders contain provisions related to scaffold access and scaffold platforms, respectively. These two sections incorporate by reference the requirements of ANSI A10.8-1977, Safety Requirements for Scaffolding. Additionally, Sections 3277 through 3280 of the General Industry Safety Orders reference the requirements of various ANSI standards pertaining to fixed ladders; and portable wood, metal, and reinforced plastic ladders.

ANSI standards for the above listed sections have undergone several revisions. This proposal is Board staff initiated to address outdated references to ANSI standards in the regulations listed above. The outdated editions of these standards are no longer in print. The proposal will reference the latest published version of these ANSI standards and ensure that equipment recently placed in service meets the requirements of current national consensus standards.

SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION

Section 1637. General Requirements.

Subsection (n)

Existing subsection (n) provides general access requirements for scaffolds. Subsection (n)(2)(B) requires that prefabricated scaffold steps or stairs comply with ANSI A10.8-1977, Safety Requirements for Scaffolding. A proposed amendment adds the title of the standard, "Scaffolding-Safety Requirements" and incorporates by reference the latest edition of this standard, ANSI A10.8-1988. The requirements for scaffold steps or stairs have not changed since the 1977 edition of the publication. The proposal is necessary to reference the latest published edition of the standard, which is more readily available to the public.

Section 1660. Suspended Scaffolds for Loads of 425 Pounds or Less.

Subsection (f). Ladder-Type and Needle Beam-Type Platforms

Existing subsection (f) provides that ladder-type and needle beam-type platforms be constructed in accordance with ANSI A10.8-1977, Safety Requirements for Scaffolding. Proposed amendments will incorporate by reference the latest 1988 edition of the ANSI A10.8 standard for platforms placed in service after the effective date of the regulation.

The basic construction requirements for these types of platforms have not changed from the 1977 publication in the latest edition of the ANSI A10.8 standard. However, the latest edition provides more specific instruction as to the construction and use requirements for these types of platforms. These platforms are normally job-built. Referencing the latest edition of the standard is necessary to ensure platforms currently placed into use are constructed and used according to the most current accepted industry practices.

Subsection (g)

Existing subsection (g) requires the use of personal fall protection for employees working from suspended scaffolds within the scope of Section 1660 by the use of a safety belt and lanyard. As of January 1, 1998, Article 24 of the Construction Safety Orders prohibits the use of safety belts for use in fall arrest systems. Proposed amendments are necessary to clarify that employees shall be protected by a personal fall arrest system as described in Article 24 of the Construction Safety Orders.

Section 3277. Fixed Ladders.

Subsection (a)

Depending on the installation date of fixed ladders, existing subsection (a) requires compliance with either ANSI A14.3-1956 or ANSI A14.3-1984. This ANSI standard was revised again in 1992. It would be confusing to add a third compliance date to subsection (a) in order to reference the latest published addition of this ANSI standard. Therefore, amendments are proposed to require that fixed ladders be approved as defined in Section 3206 of the General Industry Safety Orders. The term "approved" as defined in Section 3206 means in part that installations or materials meet the recommendations of a nationally recognized standard. Fixed ladders are manufactured and installed in accordance with ANSI national consensus standard requirements. The proposal is necessary in order to eliminate the need for three separate compliance dates in subsection (a).

Section 3278. Portable Wood Ladders.

Existing Section 3278 provides that portable wood ladders meet the requirements of ANSI A14.1-1981. Additionally, the regulation provides that ladders placed in service prior to the effective date of the regulation meet the provisions of the ANSI A14.1 standard in effect at the time such ladders where placed in service. Board staff has determined that the reference to ANSI A14.1-1981 is incorrect and that the standard was actually effective as published in 1982. The proposal will require ladders placed in service after the new effective date of the regulation (to be determined by the Office of Administrative Law) to meet the requirements of the 1994 edition of this standard which will be incorporated by reference. Board staff compared the 1982 and 1994 standard and determined the basic design requirements for portable wood ladders are essentially the same.

Consistent with the regulation’s existing language, the proposal requires ladders placed in service on or before the new effective date of the regulation (to be determined by the Office of Administrative Law) to meet the provisions of the ANSI A14.1 standard in effect at the time the ladder was placed in service. Ladders are designed to meet the requirements of the applicable ANSI standard in effect at the time of manufacture. The proposed amendment are necessary to ensure ladders recently placed into service meet current ANSI standard requirements.

Section 3279. Portable Metal Ladders.

Existing Section 3279 provides that portable metal ladders meet the requirements of ANSI A14.2-1982. Additionally, the regulation provides that ladders placed in service prior to the effective date of the regulation meet the provisions of the ANSI A14.2 standard in effect at the time such ladders where placed in service.

The proposal will require ladders placed in service after the new effective date of the regulation (to be determined by the Office of Administrative Law) to meet the requirements of ANSI A14.2-1990, which will be incorporated by reference. Board staff compared the 1982 and 1990 versions of this standard and determined that the 1990 edition contains new provisions to address articulated ladders and new recommendations for ladder labels and markings. Articulated ladders are defined as having one or more pairs of locking articulated joints, which allow the ladder to be set up in several modes such as a single or extension ladder, with or without a stand-off, as a regular or double front stepladder, scaffold or work table. The basic design of other types of portable metal ladders remains unchanged.

Consistent with the regulation’s existing language, the proposal requires ladders placed in service on or before the new effective date of the regulation (to be determined by the Office of Administrative Law) to meet the provisions of the ANSI A14.2 standard in effect at the time the ladder was placed in service. Ladders are designed to meet the requirements of the applicable ANSI standard in effect at the time of manufacture. The proposed amendments are necessary to ensure ladders (such as articulated ladders described above) recently placed into service meet current ANSI standard requirements. 

Section 3280. Portable Reinforced Plastic Ladders.

Existing Section 3280 provides that portable reinforced plastic ladders meet the requirements of ANSI A14.5-1982. Additionally, the regulation provides that ladders placed in service prior to the effective date of the regulation to meet the provisions of the ANSI A14.5 standard in effect at the time such ladders where placed in service.

The proposal will require ladders placed in service after the new effective date of the regulation (to be determined by the Office of Administrative Law) to meet the requirements of ANSI A14.5-1992, which will be incorporated by reference. Board staff compared the 1982 and 1992 versions of this standard and determined the 1992 edition contains new provisions to address articulated ladders and new recommendations for ladder labels and markings.

Consistent with the regulation’s existing language, the proposal requires ladders placed in service on or before the new effective date of the regulation (to be determined by the Office of Administrative Law) to meet the provisions of the ANSI A14.5 standard in effect at the time the ladder was placed in service. Ladders are designed to meet the requirements of the applicable ANSI standard in effect at the time of manufacture. The proposed amendments are necessary to ensure articulated and other types of portable reinforced plastic ladders recently placed into service meet current ANSI standard requirements.

DOCUMENTS RELIED UPON

  1. The American National Standards Institute (ANSI), ANSI A10.8-1977, Safety Requirements for Scaffolding.
  2. The American National Standards Institute (ANSI), ANSI A14.1-1982, for Ladders-Portable Wood-Safety Requirements.
  3. The American National Standards Institute (ANSI), ANSI A14.2-1982, for Ladders-Portable Metal-Safety Requirements.
  4. The American National Standards Institute (ANSI), ANSI A14.5-1982, for Ladders-Portable Reinforced Plastic-Safety Requirements.
  5. The American National Standards Institute (ANSI), ANSI A14.3-1956, Safety Code for Fixed Ladders.
  6. The American National Standards Institute (ANSI), ANSI A14.3-1984, for Ladders-Fixed-Safety Requirements.
  7. The American National Standards Institute (ANSI), ANSI A14.3-1992, for Ladders-Fixed-Safety Requirements.

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 

  1. The American National Standards Institute (ANSI), ANSI A10.8-1988, Scaffolding Safety Requirements.
  2. The American National Standards Institute (ANSI), ANSI A14.1-1994, for Ladders-Portable Wood-Safety Requirements.
  3. The American National Standards Institute (ANSI), ANSI A14.2-1990, for Ladders-Portable Metal-Safety Requirements.
  4. The American National Standards Institute (ANSI), ANSI A14.5-1992, for Ladders-Portable Reinforced Plastic-Safety Requirements.

These documents are too cumbersome or impractical to publish in Title 8. Therefore, it is proposed to incorporate the documents by reference. Copies of 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
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. The proposal addresses references to outdated ANSI national consensus standards that are no longer in print and references the requirements of the latest editions of these standards that are more readily available. The proposal also ensures equipment recently placed in service meets the requirements of the latest applicable ANSI standard.

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.

 

Impact on Housing Costs

The proposal will not significantly 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. Also, see the heading above "Specific Technology or Equipment."

 

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.

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, the 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 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 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.