Outdoor Agricultural Operations During Hours of Darkness

  • GENERAL INDUSTRY SAFETY ORDERS,
    Sections 3441 and 3449
Status
Public hearing: April 18, 2019
45-day comment period: March 1, 2019 - April 18, 2019
15-day Notice comment period: October 3, 2019 - October 18, 2019
2nd 15-day Notice comment period: December 3, 2019 - December 20, 2019
Filed with Secretary of State: June 3, 2020
Effective date: July 1, 2020

Rulemaking Documents

Documents Incorporated by Reference

  1. American National Standard for High-Visibility Safety Apparel and Accessories, (ANSI/ISEA) 107-2015. (This document is copyrighted and therefore is not posted. The document may be viewed at the Standards Board office.)

Documents Relied Upon

  1. Division of Occupational Safety and Health, Form 9 Request for New or Change in Existing Safety Order, December 2, 2013.
  2. Letter submitted by Anne Katten, MPH, and Mark Schacht of the California Rural Legal Assistance Foundation, dated February 13, 2014.
  3. May 6, 2014 and March 27, 2015, Advisory Committee minutes, members rosters, and attendance sheets.
  4. American National Standard, Illuminating Engineering Society of North American, (ANSI/IES) RP-7-1991, “Practice for Industrial Lighting”. (This document is copyrighted and therefore is not posted. The document may be viewed at the Standards Board office.)
  5. National Cooperative Highway Research Program, NCHRP Report 498,“Illumination Guidelines for Nighttime Highway Work”. Transportation Research Board of the National Academies, 2003.
  6. Fairbank, W., Ede, L., Johnson, H., Luvisi, D., & Neja, R. (January-February 1987), “Night Picking” . California Agriculture, pages 13-16.
  7. Reese, P. (2015, May 19). “California Farms Added Workers In 2014, even amid drought” . Sacramento Bee.
  8. SP Ratios and Mesopic Vision, Issue 1- 05/2013, Lighting Industry Association, Technical Statement, LIA TS 24.
  9. California Agriculture Volume 72, Number 2, November 1, 2017, “Employment and earning of California Farmworkers in 2015” , pages 107-113.
  10. California Agricultural Statistics Review, 2015-2016, page 1.

Additional Documents Relied Upon - 15-Day Notice

  1. American Society of Agricultural and Biological Engineers (ASABE), ASAE EP344.4 Jan 2014, Lighting Systems for Agricultural Facilities, Section 8.2, page 17. (This document is copyrighted and therefore is not posted. The document may be viewed at the Standards Board office.)
  2. American National Standard, ANSI IESNA- RP7-01, Recommended Practice for Lighting Industrial Facilities, Section 2.0, page 2. (This document is copyrighted and therefore is not posted. The document may be viewed at the Standards Board office.)

Further Additional Documents Relied Upon - 2nd 15-Day Notice

  1. Monterey County, Code of Ordinances, Chapter 21.24.070 – Site Development Standards.
  2. Monterey County, Code of Ordinances, Chapter 21.63.020 – Design Guidelines for Exterior Lighting.
  3. American National Standard, Illuminating Engineering Society, ANSI/IES RP-16-17, Nomenclature and Definitions for Illuminating Engineering. (This document is copyrighted and therefore is not posted. The document may be viewed at the Standards Board office.)

Additional Documents Relied Upon For The Economic Impact Analysis/Assessment

  1. Employment Development Department - Labor Market Information Database Search Tool - Quarterly Census of Employment and Wages Data - Tables 2A and 2B Quarter 3- 2017 data.
  2. Walmart pricing for Headlamps.
  3. Walmart pricing for Rechargeable Batteries.
  4. Walmart pricing for High Visibility Vests.
  5. Alibaba pricing for Rechargeable Portable Generator.
  6. Lighting Specialties-Bulldog pricing for Tower lighting.
  7. Employment Development Department - Labor Market Information Database Search Tool - Quarterly Census for the Size of Agricultural Businesses - Tables 2A and 2B Quarter 3- 2017 data.
  8. Night Harvest, September 21, 2018.
  9. The National Institute for Occupational Safety and Health (NIOSH), Work schedules: shift work and long hours. References BLS data from 2004.
  10. United States Labor Force Statistics Seasonally Adjusted (in thousands) 1978 - Present.
  11. Bureau of Labor Statics, Monthly Labor Review, Shift Work and Flexible Schedules, Table 7, pages 12-13.
  12. Employment Development Department - Labor Market Information Database Search Tool - Quarterly Census for the Number of Agricultural Workers - Table 2B Quarter 3- 2017 data.
  13. Employment Development Department - Labor Market Information Database Search Tool - Quarterly Census for the Percentage of Small Business - Table 2A Quarter 3- 2017 data.

Additional Documents Relied Upon For Benefits of Proposed Action

  1. California Survey of Occupational Injuries and Illnesses, Nonfatal Occupational Injuries and Illnesses data for California.
  2. Workers’ Compensation Insurance Rating Bureau of California, January 2018 Regulatory Filing.

June 2020