INITIAL STATEMENT OF REASONS
CALIFORNIA CODE OF REGULATIONS
TITLE 8: GENERAL INDUSTRY SAFETY ORDERS
Chapter 4, Subchapter 7, Article 59, Section 4322
Speed of Circular Saw Blades
PROBLEM ADDRESSED BY PROPOSED ACTION
Section 4322 of the General Industry Safety Orders (GISO) limits the arbor speed on circular saw blades or knives to 3600 revolutions per minute (rpm). This requirement was originally written for circular saws with a typical speed of 3600 rpm produced at the arbor (drive shaft) of an electric motor used for power tools. Over the years, the design technology for circular saws has changed. Circular saw blades are now mounted to a motor arbor that is powered by a gearbox which increases the rpm for saw blades and provides for proper and cleaner cutting of materials. According to power tool industry representatives, the rpm range for circular saws is 2200 to 11000 rpm. The most popular size circular saws available on the market today operate with a range of between 4500 to 6000 rpm. A miter saw, for example, which is a type of circular saw, operates within a range of between 3200 and 6000 rpm. Since many of the circular saws available today are designed by the manufacturers to operate at blade speeds above 3600 rpm, rulemaking is necessary to update the regulation to meet current technology.
SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION
Section 4322. Speed of Saw
Section 4322 states the arbor speed on circular saw blades or knives up to 22 inches in diameter shall not exceed 3600 rpm. On circular saws or knives with blades exceeding 22 inches in diameter, the manufacturers recommendations are to be followed. New language is proposed for the title of the regulation to read "Speed of Circular Saw Blades or Knives" to more accurately reflect the content of the regulation. Language pertaining to the arbor speed limit of 3600 rpm on saw blades or knives, and language specific to the diameter of saw blades are proposed for repeal. New language is proposed that will permit circular saw blades or knives to be operated at speeds recommended by the manufacturer. Circular saws available today operate at blade speeds between 2200 and 11000 rpm and are manufactured to meet current national consensus standards for both portable and stationary power tools. National consensus standards are frequently updated to maintain the proper level of safety for circular saws. The proposed regulation is necessary to permit the use of saws with blade speeds in the aforementioned rpm range that are already on the market and available for use.
DOCUMENTS RELIED UPON
Memorandum with attachments to John MacLeod, Executive Officer, Occupational Safety and Health Standards Board dated June 2, 1999 from John Howard, Chief, Division of Occupational Safety and Health.
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.
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 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 updates the regulation for consistency with current technology in the design and use of circular saws.
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 regulation does not impose a local mandate. Therefore, reimbursement by the state is not required 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 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 are available from the agency contact person named in the notice. The informative digest for this proposal constitutes a plain English overview.
The adoption of the proposed amendment 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 action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.