Definition Of Normal Consumption Emergency Regulation Frequently Asked Questions

1. What is the regulatory definition of "normal consumption"?
   As used in Labor Code section 6403.3, normal consumption means the average amount of the equipment, for each category, type, and size, used by employees over the previous two-year period. The change in the required amount of equipment employers must stockpile from year to year is capped using a formula. The regulation sets forl,kth how employers must calculate normal consumption, provides an example, and lists methods an employer may use for determining consumption.

   To view the emergency regulation visit Title 8, Section 340.70.

2. When must affected employers comply with the stockpile requirement of Labor Code 6403.3(c) using the regulatory definition of "normal consumption"?
   As of April 1, 2021, affected employers are already required to maintain a stockpile of the equipment specified by Labor Code 6403.3(c) in an amount equal to three months of normal consumption. The regulatory definition of "normal consumption" is not effective until July 26, 2021. Employers thus have until that date to bring their existing stockpiles of specified equipment into full compliance under the regulatory definition.

July 2021