DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
ORDER TO TAKE SPECIAL ACTION
Issue Date: 2/1/87
AUTHORITY: California Labor Code Sec. 6308 and 6600.5 and Title 8 of the California Code of Regulations Sec. 332.3 and 332.4.
POLICY: It is the policy of the Division of Occupational Safety and Health to consider issuance of an Order to Take Special Action when an unsafe workplace condition, which is covered by an existing Title 8 Safety Order, can only be made safe when the Division requires the employer to take a specific action or to enforce applicable provisions of the California Labor Code.
A. USE AND APPLICATION
EXAMPLE 1: 8 CCR Sec. 3383(a) states: " Body protection may be required for employees whose work exposes parts of their body, not otherwise protected as required by other orders in this article, to hazardous or flying substances or objects. " If employees are exposed to hazardous substances, the Division may order the employer to provide body protection for the exposed employees by invoking the discretionary requirement found in 8 CCR Sec. 3383(a) in an Order to Take Special Action.
EXAMPLE 2: 8 CCR Sec. 5155(f) states: “Medical Surveillance. A medical surveillance program approved by the division may be required to ensure satisfactory maintenance of employee health and to ascertain the effectiveness of the control method(s).” The Division may order an employer to provide medical surveillance for exposure to contaminants such as toluene diisocyanate, for which there is no vertical standard requiring medical surveillance.
NOTE: It is not necessary to issue an Order to Take Special Action in order to require an employer to pay for required personal protective equipment (PPE). If an employer has failed to pay for PPE, a citation shall be issued under the applicable safety order.
EXAMPLE: 8 CCR 5199(a)(1)(H) states that this section applies to “Any other facility, service or operation that has been determined in writing by the Chief of the Division of Occupational Safety and Health through the issuance of an Order to Take Special Action, in accordance with Section 332.3 of these orders, to require application of this standard as a measure to protect employees.” This provision may be used to, for example, order TB testing in accordance with the recommendations of a local health department in a retail workplace which is not normally within the scope of the Aerosol Transmissible Disease Standard.
An Order to Take Special Action shall have the same effect as any other Title 8 Safety Order, but shall apply only to the employment or place of employment specified in the Order to Take Special Action.
B. HAZARD IDENTIFICATION AND DOCUMENTATION
NOTE: Where there is no applicable safety order, a Special Order may be issued. See P&P C-3;
C. INITIAL PREPARATION
NOTE: If assistance is required to make a determination about the applicability of an existing Title 8 Safety Order, the District Manager shall consult with the Regional Senior Safety Engineer or Regional Senior Industrial Hygienist, or with personnel in any other appropriate administrative unit of the Division, e.g., Medical Unit, Crane Unit, Research and Standards, Occupational Carcinogen Control Unit or Legal Unit.
After compliance personnel prepare a draft of the Order to Take Special Action, the District Manager shall review the draft and forward a copy of the draft Order to Take Special Action to the Regional Manager.
NOTE: At Headquarters, the draft Order to Take Special Action shall be reviewed by the Legal Unit and, as appropriate, by the Deputy Chief for Field Operations, the Deputy Chief for Health and Engineering Services and any other person deemed appropriate by the Chief.
After the draft Order to Take Special Action has been approved for issuance by the Chief, compliance personnel shall prepare the final version of the Order to Take Special Action for issuance to the employer incorporating any changes requested by the Chief.
All Orders to Take Special Action shall be office- issued to the employer via Certified Mail--Return Receipt Requested or a copy given to the employer, or the employer's representative, during the Closing Conference together with the Declaration of Service.
During the Closing Conference, compliance personnel shall inform the employer who has been issued an Order to Take Special Action of the following:
F. FOLLOW-UP INSPECTIONS
Compliance personnel shall conduct a follow-up inspection of each employer who is issued an Order to Take Special Action. See P&P C-15.
G. OFFICE PROCEDURES
NOTE: The Cal/OSHA Form 6X shall be used for the second and each succeeding page of the Order to Take Special Action.
H. FORM DISTRIBUTION
I. FORM COMPLETION
Enter the name, address and telephone number of the issuing District Office.
Enter the name and mailing address of the employer.
Enter the page number, e.g., 1 of 3. Use the Cal/OSHA Form 6X for additional pages.
Enter the address of the worksite inspected, the name of the inspecting compliance personnel and the date the inspection was conducted.
Enter the section of the California Code of Regulations which forms the basis for the Order to Take Special Action.
Enter the text of the Order to Take Special Action.
Enter the date fixed for compliance with the provisions of the Order to Take Special Action.
Enter the signature of the issuing compliance personnel and the District Manager together with the date of issuance.
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