Petition Decisions

Occupational Safety and Health Standards Board

Petitions Submitted to the Board for Consideration:

The California Occupational Safety and Health Standards Board (Board) is the only agency in the State authorized to adopt occupational safety and health standards or orders. The Board is required to hold open public meetings at least monthly and to permit any person to address the Board on any matters of occupational safety or health or to propose new or revised standards. Petitions for standard changes will be evaluated by the Division of Occupational Safety and Health. The Board will report its decision no later than six months following receipt of a petition.

Petition
File #
Regarding Date Submitted Status
Petition 603 To rescind the COVID-19 Prevention Non-Emergency Regulations (Title 8 sections 3205 through 3205.3), based on new information provided by confirmed scientific studies and federal health authorities. The COVID-19 non-emergency regulations pose an inconvenient, time consuming, costly, and unnecessary burden on employers in the state of California and are no longer necessary. Mar. 11, 2024
Petition 602 To amend Title 8, General Industry Safety Orders (GISO), section 3400, Medical Services and First Aid, and Construction Safety Orders (CSO) section 1512, Emergency Medical Services to include a requirement to have opioid overdose reversal medication stocked at job sites and worker administration training. The Petitioner notes that with the number of workplace overdose deaths on the rise, opioid overdose reversal medication is now an essential component of an adequate first-aid kit and that no industry or occupation is immune to this crisis. Including these medications at worksites – either in a first aid kit or elsewhere – and training employees to use it is a critical component of emergency response to help save a life. Jan. 26, 2024
Petition 601 To amend Title 8, General Industry Safety Orders (GISO), section 5189.1, Process Safety Management (PSM) for Petroleum Refineries. The Petitioner requests to expand the scope of section 5189.1, Process Safety Management (PSM) for Petroleum Refineries, to include refineries that are now processing renewable feedstocks in place of petroleum. The Petitioner notes that physical properties of petroleum crude oil versus renewable fats, oils and greases may be different, but those differences end at the point of delivery to the facility where the feedstock is processed into highly flammable gasoline, jet fuel, diesel and industrial chemicals. Additionally, the Petitioner requests for an Emergency Temporary Standard (ETS) to correct this flaw in Cal/OSHA’s refinery safety regulations after one of their members was critically burned at their refinery from a loss of containment of flammable liquids. Jan. 17, 2024
Petition 600 Withdrawn
Petition 599 To amend Title 8, Article 14. Construction Safety Orders (CSO), sections 1604 Personnel Hoists and 1604.21 Capacity and Loading, to adopt the ANSI 10.4-2016 standards and allow for a modification to Table 4 (section 1604.21) “Relationship of Hoist Rated Capacity to Inside Net Platform Area”, specifically the section “Rated Load” to “Inside Net Platform Area” so that the square feet/area related to the inside net platform can be increased when the hoist car is equipped with an overload detection device and the rated load to inside net platform area is 82psf or higher. Sep. 26, 2023 DENIED
Petition 598 To amend Title 8, General Industry Safety Orders (GISO), subsections 5006.1(d) and 5006.2(d)(3), regulations associated with re-certification requirements of crane operators. The Petitioner asks Cal/OSHA to consider, through rulemaking or a process outside rulemaking, the requirement that, for recertification [of crane operators], a certificant either (i) retake a “hands-on” practical examination, or (ii) have at least 1,000 hours of documented experience operating “the specific type of crane” for which certification is sought. Additionally, the Petitioner requests that California’s requirements be revised to allow accredited certification bodies to determine the appropriate amount of operating experience necessary to be exempt from the practical examination at the time of recertification and the types of experience that should count towards qualifying for a particular “hands-on” exam exemption. Jul. 18, 2023 GRANTED in part
Petition 597 To amend title 8, General Industry Safety Orders (GISO), section 5204, Occupational Exposures to Respirable Crystalline Silica via an Emergency Temporary Standard (ETS) to address the growing number of reported cases of advanced silicosis among workers exposed to respirable crystalline silica in engineered stone fabrication shops. The Petitioner asks the ETS address the use of engineered stone with a high silica content, the lack of regulated areas, dry fabrication work practices, inadequate respiratory protection, and lack of reporting the use of silica to the Division of Occupational Safety and Health (Cal/OSHA) Occupational Carcinogen Control Unit (pursuant to title 8, section 5203). Mar. 13, 2023 GRANTED in part
Petition 596 To amend Section 3441(b) to permit the use of highly automated and autonomous agricultural equipment. The proposed amendment would allow for the use of driver optional tractors without a human operator stationed at the vehicular controls within a strict set of safety guidelines. Dec. 20, 2021 DENIED
Petition 595 To add a new standard to General Industry Safety Orders to require manual material handling (MMH) carts include a built-in or self-contained means of securing the handholds. The handholds must be secured prior to transporting the load and capable of withstanding the expected forces based on the cart capacity and ground conditions. The proposal would also require MMH cart manufacturers to notify employers who have purchased non-conforming MMH carts to replace or phase-out their non-conforming carts. Dec. 2, 2021 DENIED
Petition 594 To amend Title 8, General Industry Safety Orders, Section 3203(a) to include procedures to implement applicable, published California Department of Public Health (CDPH) guidelines following a declaration of a state of emergency and an executive order directing CDPH to publish workplace guidance to mitigate “aerosol transmissible pathogen” spread in the workplace. Nov. 8, 2021 DENIED
Petition 593 To amend Title 8, Petroleum Safety Orders - Refining, Transportation and Handling, Section 6857(c)(1) to incorporate by reference the latest edition of American Petroleum Institute (API) 579, Fitness-for-Service assessment standard. Aug. 18, 2021 GRANTED in part
Petition 592 To amend Title 8, General Industry Safety Orders (GISO), Section 5193(g)(2)(B) to add a requirement clarifying that on-the-job trained dental assistants must receive a California Dental Board approved course in infection control, prior to performing any basic supportive dental procedures. Additionally, the petitioners ask that language be added to define and specify what constitutes ‘knowledgeable in the subject matter' as referred to in subsection 5193(g)(2)(H). Aug. 16, 2021 DENIED
Petition 591 To amend Title 8, General Industry Safety Orders (GISO), Section 5193(g)(2)(B) to add a provision to specify that Bloodborne Pathogens and Infectious Control training must take place when an employee is first given the initial assignment and to add trainer qualifications. July 2, 2021 WITHDRAWN
Petition 590 To amend Title 8, General Industry Safety Orders (GISO), Section 5199(h)(3)(A) to repeal or amend the requirement for annual Tuberculosis (TB) testing in health care workers. May 4, 2021 DENIED
Petition 589 To amend Title 8, Construction Safety Orders, Article 14, Construction Hoists to conform with ANSI/ASSE A10.4-2016 requirements concerning equipment, responsibilities and safety. Mar. 15, 2021 GRANTED
Petition 588 To amend Title 8, CCR, Section 462 of the Unfired Pressure Vessel Safety Orders (UFPVSO), to permit the use of polyethylene (aka HDPE plastic) pipe to convey compressed air in California mines. Jan. 5, 2021 GRANTED
Petition 587 To amend Title 8, Construction Safety Orders (CSO), Section 1630 as it pertains to construction personnel hoists (CPH), to expedite amendments proposed by the Division of Occupational Safety and Health in their April 3, 2019, Request for New, or Change in Existing, Safety Order (Form 9). Additionally, the Petition asks to address additional CPH issues: the definition of when alternative access is permissible in lieu of a CPH; and a requirement in the permit application for employers to provide empirical data to substantiate the infeasibility of CPH use. Oct. 15, 2020 GRANTED
Petition 586 To amend Title 8, Sections 3441 and 3449, to change existing portable restroom Illumination Guidelines to be consistent with feasible and most up to date technology for illumination levels provided by solar lighting manufacturers.ion Aug. 19, 2020 DENIED
Petition 585 To amend Title 8, Section 1711, to allow the internal guying/bracing of reinforcing steel (rebar) assemblies when the guying/bracing system is designed by a qualified person and to clarify that external guying and bracing of rebar assemblies shall be prohibited. Jun. 2, 2020 GRANTED in part
Petition 584 To amend Title 8, Section 5189.1, Process Safety Management, Definitions of Major Change, Employee Representative and Participation, Highly hazardous Materials and amendment of the High Hazard Control Analysis hierarchy. May 22, 2020 GRANTED in part
Petition 583 To amend Title 8 standards to create two new regulations. The first, a temporary emergency standard that would provide specific protections to California employees who may have exposure to COVID-19, but who are not protected by the Aerosol Transmissible Diseases standards (Sections 5199 and 5199.1). The second standard would be a permanent rulemaking effort to protect workers from infectious diseases including novel pathogens (e.g. COVID-19). May 20, 2020 GRANTED in part
Petition 582 To amend Title 8, Section 1711, to allow the internal guying/bracing of reinforcing steel (rebar) when the guying/bracing system is designed by a qualified person. May 13, 2020 WITHDRAWN
Petition 581 To amend Title 8 to ensure the safety and health of rail and transit carrier workers in California against the spread of the COVID-19 virus. Apr. 23, 2020 DENIED
Petition 580 To amend Title 8, Section 2530.43, to clarify the existing anti-restart standard as well as add current Federal OSHA language to Title 8, Section 4001 to better align with Federal OSHA requirement (1910.213(b)(3)). Mar. 17, 2020 DENIED
Petition 579 To amend various sections of General Industry Safety Orders and Construction Safety Orders to address water damaged building (WDB) mold investigation and remediation methodologies Jan. 10, 2020 DENIED
Petition 578 To amend Construction Safety Orders, Section 1710(l), to clarify to employers when the use of barrier planking is required as a means for preventing workers from falling through floor openings during multi story high rise steel erection through use of an exception to subsection (l). Aug. 5, 2019 DENIED
Petition 577 To amend Construction Safety Orders, Section 1630(a), Elevators for Hoisting Workers Jun. 7, 2019 GRANTED in part
Petition 576 To amend General Industry Safety Orders, Section 5193, Bloodborne Pathogens Apr. 18, 2019 GRANTED in part
Petition 575 To amend General Industry Safety Orders, Section 5357, regarding snow avalanche blasting, to allow remote control deployment of avalanche charges (explosives) Apr. 17, 2019 GRANTED in part
Petition 574 To amend Construction Safety Orders, Section 1604.5(d)(2) regarding the construction of towers, masts, and hoistway enclosures Dec. 27, 2018 DENIED
Petition 573 To amend Title 8 through the addition of Emergency Standards to protect outdoor workers from wildfire smoke constituents Dec. 13, 2018 GRANTED in part
Petition 572 To amend Injury and Illness Prevention Program (IIPP) Section 3203(a) Dec. 3, 2018 DENIED
Petition 571 To amend Section 3441(b) to permit the use of highly automated and autonomous agricultural equipment Nov. 26, 2018 DENIED
Petition 570 To amend Section 1710 to address definitions and clarify the standard for fall protection for workers in skeleton steel construction Aug. 8, 2018 GRANTED
Petition 569 To amend Section 5193(d)(3)(A)(4)b. to require needles that are used for medical procedures, be capped prior to disposal Feb. 19, 2018 DENIED
Petition 562 To allow employee access to the employer's Injury and Illness Prevention Program (IIPP) Jan. 26, 2017 GRANTED
Petition 553 Fall protection for telecom workers Dec. 28, 2015 GRANTED
Petition 549 Brush Chipper safety Aug. 20, 2015 GRANTED
Petition 519 Requirements for first aid supplies Oct. 29, 2010 GRANTED

Contact the OSHSB Public Records Officer to request information about archived Petition Decision documentation.

February 2024