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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 6. Administration of Permanent Amusement Ride Program
(Permanent Amusement Rides Administrative Regulations)

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§344.9. Order Prohibiting Operation.

(a) If, after inspection by a Division QSI, the Division determines that a permanent amusement ride, or any part thereof, presents an imminent hazard or is otherwise unsafe for patrons, the Division may prohibit the operation of the ride, or any affected part thereof. The Division shall frame the scope of the prohibition with the narrowest scope reasonably necessary to ensure the protection of the public.

Exception No. 1: The Division shall not issue an Order Prohibiting Operation if the hazardous or unsafe condition can be corrected immediately and the operator, after being informed of the condition by the Division, immediately abates the hazardous or unsafe condition.

Exception No. 2: If an unsafe condition does not constitute an imminent hazard to patrons, the Division shall, prior to issuing an Order Prohibiting Operation, engage in an informal consultation with the owner or operator in an effort to resolve any factual questions or gather information relevant to determining whether the public operation of the amusement ride should be prohibited.

(b) The Division shall notify the owner or operator in writing of the grounds for prohibition of operation and of the conditions in need of correction at the time it issues the Order Prohibiting Operation.

(c) Operation of the permanent amusement ride shall not be reopened to the public until the conditions cited in the Order Prohibiting Operation have been corrected and approved by an authorized Division representative.

(d) The owner or operator may appeal any Order Prohibiting Operation. The Division shall conduct appeal proceedings in accordance with Labor Code Section 6327.

NOTE: Authority cited: Labor Code sections 60.5, 7923, and 7928. Reference: Labor Code sections 7920 through 7932.

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