DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
POLICY AND PROCEDURES MANUAL
AUTHORITY: California Labor Code §§6500 through 6510 and Title 8
California Code of Regulations §§341, 8470 and 7068 through 7071.
UNDERGROUND DIESEL ENGINE PERMITS
Issue Date: 5/15/94
POLICY: It is the policy of the Division of Occupational Safety
and Health to ensure through its permit procedures that specified
hazardous activities proceed safely. The issuance of a permit by
the Mining and Tunneling Unit for the use of diesel-powered
engines or equipment underground provides the Division with an
opportunity to determine that employers are aware before they
commence work involving the use of diesel engines underground
that they must comply with all applicable Title 8 Safety Orders,
including any special requirements which the Mining and Tunneling
Unit deems necessary, and to identify the location of hazardous
activities which are most likely to pose a risk of employee
injury or illness.
A. DIESEL PERMIT REQUIREMENT
Whenever an employer plans to use a diesel engine in any
underground worksite, a Permit to Use Diesel Engines
Underground (Diesel Engine Permit) shall be obtained by the
employer from the Mining and Tunneling Unit (M&T Unit).
NOTE: No fuel burning or internal combustion engine,
other than diesel engines, are permitted to operate in
any underground worksite, i.e., mines, tunnels or other
similar subterranean workplace.
B. TYPES OF UNDERGROUND DIESEL ENGINE PERMITS
- Annual Permit
The Division of Occupational Safety and Health does not
issue Annual Permits for the use of diesel engines
- Diesel Engine Permit
- Application Requirements
- A Permit for the use of diesel engines
underground shall be obtained prior to
commencement of any activity involving the
use of diesel engines underground by each
employer directly involved in the operation
of the diesel engine.
- A Permit Applicant who plans to operate a
diesel engine underground shall complete a
Diesel Permit Application, M&T Form DPA (see
Attachment A) and submit a Permit Application
Fee of $50.00.
- A Permit Applicant working at a multi-
employer worksite shall submit with the
Diesel Permit Application a written statement
or letter from the entity who controls the
main ventilation system for the underground
worksite that the worksite will receive at
least the minimum amount of fresh air
required for safe operation of the diesel
- The Permit Application shall also be
supplemented by the following items:
- Specifications for the diesel engine and
exhaust conditioning devices;
- Type of underground classification;
- An underground map;
- Detailed ventilation plans and
- Injury and Illness Prevention (IIP)
- Code of Safe Practices;
- Emergency Plan and Safety Instructions
- List of General Safety Precautions
and availability of emergency
medical services, including
personnel certified in first aid;
- A written plan for gas testing,
ventilation controls and measurements,
and exhaust conditioner inspection and
- A Diesel Engine Permit (M&T Form DEP) shall
be issued listing each diesel engine
operating at a single, contiguous worksite.
Each separately ventilated underground work
area shall have a separate listing on the
Permit if the ventilation substantially
differs between areas.
NOTE: If page one of the Diesel Engineer
Permit does not contain enough space for
all of the listings, enter additional
listings on additional pages of the
Permit (see Attachment B).
- A Diesel Engine Permit shall be issued by the
Senior Safety Engineer of the M&T Unit Office
responsible for the geographical area in
which the equipment is to be used, or his or
- Any special conditions for the Permit shall
be specified on the Diesel Engine Permit.
These conditions can include the following,
- Only equipment approved by the Mine
Safety and Health Administration (MSHA)
or equipment accepted by the Division
and maintained in good condition shall
be allowed in underground areas
classified as gassy; and
- Ventilation systems and diesel equipment
exhaust conditioning systems shall not
be modified after permit issuance,
unless modified in accordance with the
amendment procedures found in Section E.
of this P&P.
3. Temporary Permit
The Division of Occupational Safety and Health does not
issue temporary permits to Use Diesel Engines
C. PERMIT FEES
The fee for a Diesel Engine Permit shall be $50.00 per
Diesel Engine Permit.
NOTE: No additional fees shall be assessed by the
Division for the amendments and the writing and sending
of any letters required by P&P C-41B.
D. SAFETY PERMIT CONFERENCE
- The M&T Unit Senior Safety Engineer, or his or her
designee, shall hold a Safety Permit Conference with
the Permit Applicant prior to issuing an Diesel Engine
Permit and shall summarize the results of the Safety
Permit Conference in the Permit File using Attachments
F and G of P&P C-41, or the equivalent.
NOTE: When the Permit Applicant has demonstrated
to the M&T Unit through recent experience with a
previous Diesel Engine Permit that an in-person
Safety Permit Conference is not necessary, the M&T
Unit Senior Safety Engineer, or his or her
designee, may hold a telephonic Safety Permit
Conference with the Permit Applicant and document
key elements in the file.
- The Safety Permit Conference shall be attended by the
Permit Applicant who shall be knowledgeable about, and
in a position of authority and responsibility with
respect to, the permitted activity. The Safety Permit
Conference may also include any other parties involved
with the operation whose presence is necessary for a
proper evaluation of the hazards associated with the
use of diesel engines underground, e.g., the
representatives of the owner or the contracting agency,
the general contractor, any employer whose employees
may be exposed to the hazards, and employees or their
- At the Safety Permit Conference, the potential risks of
the operation shall be discussed and the employer shall
identify the specific measures that will be taken to
minimize these risks to employees.
- During the Permit Safety Conference, the applicant must
provide enough detail to allow a reasonable
determination to be made that the project will proceed
in a safe manner. Therefore, the applicant shall be
prepared to provide to the M&T Unit all components of
the Permit Application, including supplemental
materials as referenced in Section B.2.a.(4).i. through
- The Permit Applicant shall discuss any unique risks of
the jobsite affecting safety and health and provide
evidence that the Applicant's IIP Program addresses
- Details of the project shall be reviewed along with the
most important safety and health issues and Safety
Orders applicable to the type of work the Permit
Applicant is going to perform.
- At multi-employer worksites, a single Safety Permit
Conference may be held by the M&T Unit Senior Safety
Engineer with all Applicants who are seeking a Diesel
Engine Permit, if appropriate.
- At the Safety Permit Conference, the Permit Applicant
shall be informed that the permitted activity is
subject to inspection by the Division at any time
during the performance of the permitted activity.
E. AMENDMENTS TO DIESEL PERMIT ACTIVITY CONDITIONS
- The Permit Holder shall notify the M&T Unit Office
which issued the Diesel Engine Permit of any
significant change in the conditions referred to on the
Diesel Engine Permit Application Form or any change in
the representations made at the Permit Safety
- When the M&T Unit Office is notified of changes in the
information provided at the time of permit application
was first completed, it may determine that a safety
conference or other action is necessary to determine
the impact of the change on the safety of the job.
F. DENIAL, REVOCATION OR SUSPENSION OF ACTIVITY PERMITS
If the M&T Unit decides that a Permit Applicant is to be
denied a Diesel Engine Permit, or a Permit Holder is to have
his or her Permit suspended or revoked as provided by 8 CCR
§8470(d) or 7070(e), the Denial, Revocation or Suspension
Procedures found in P&P C-41A, pp. 18-23, shall be followed.
G. RESTRAINING ORDER AND ORDER PROHIBITING USE
If a contractor has been denied a Diesel Engine Permit, or
the contractor's Permit has been revoked or suspended, or
the contractor has been cited by the Division for failure to
obtain a Permit, and the contractor continues to engage in
work which requires a valid Diesel Engine Permit, a request
for a restraining order shall be made by the Senior Safety
Engineer, through the Principal Engineer, to the Legal Unit
H. ENFORCEMENT OF PERMITTED AND UNPERMITTED ACTIVITIES
An inspection shall be scheduled for all Diesel Engine
Permits which were issued after a telephonically conducted
Safety Permit Conference, and all Permits involving
equipment which was not evaluated during the Safety Permit
I. OFFICE PROCEDURES
- Diesel Engine Permits shall be logged in the Diesel
Permit Log (see Attachment C) and be identified by
being sequentially numbered starting with 001 at the
beginning of each fiscal year. The number shall
constitute the first three digits of the log number,
followed by the IMIS assigned engineer's area code for
the county where the project is located. The third
series of numbers shall indicate the fiscal year in
which the permit is issued, followed by an "M" or "T"
to indicate a mine or tunnel. The various Permit Codes
used for completing the logging process are listed in
EXAMPLE: The second Diesel Engine Permit issued
for a tunnel in area 2 for fiscal year 1994 would
be assigned log number 002-02-94-T. If at a later
date, this permit is amended three times, the
third amendment would be assigned log number 002-
- Once the Permit Fee is collected from the Permit
Applicant, the Permit shall be issued to the Applicant.
All checks and money orders shall be made payable to
the State of California. If cash is received, send a
money order or personal check for the amount of the
Permit Fee, made payable to the State of California, to
Accounting. Attach a copy of the Diesel Permit to the
- After the Senior Safety Engineer, of his or her
designee, prepares a draft of the Diesel Engine Permit,
the M&T Unit Office Support Staff shall type a final
version of the Diesel Engine Permit on a new Form B and
enter the log number on the permit. After typing the
final version of the Diesel Engineer Permit, the Permit
shall be given, along with any other relevant
information, to the Senior Safety Engineer for review,
signature and date.
- A letter of transmittal shall be prepared and signed by
the Senior Safety Engineer and sent with the Diesel
Permit to the Applicant.
- After the Permit and letter are signed, make four
copies of each to be distributed as follows:
- Original to the Permit Applicant.
- Copy to the M&T Unit Principal Engineer.
- Copy to the field safety engineer.
- Copy for the employer's case file (together with
any other relevant information including a copy of
- Copy for Diesel Engine Permit file for current
- A copy of the Diesel Permit Log shall be sent to the
Permit Unit at Division Headquarters at the end of each
month. If no Permits are issued in a particular month,
note the same on the Log and forward a copy to the
Division's Permit Unit Office.
Attachments: A -- Cal/OSHA 41B-DPA -- Cal/OSHA
41B-DEP Page 1 Cal/OSHA 41B-DEP Page 2
C -- Diesel Permit Log [EXAMPLE NOT AVAILABLE] D -- Permit Codes [EXAMPLE NOT
AVAILABLE] E -- List of DOSH District Offices